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Conveyancing in Derby Q & A's

Profile photo of Lorraine Imhoff

By

Ask Lorraine a question lorraine@homewardlegal.co.uk

Updated: 18/07/17

Transport and public service information if you’re buying or selling residential property in Derby -

By road: Derby is served by the M1, A6, A38, A50 and A52.

By rail: The nearest train station is Derby.

By air: The closest airports to Derby are East Midlands Airport (14 miles), and Birmingham Airport (43 miles).

Hospital: Royal Derby, Uttoxeter Road, Derby, DE22 3NE. Council: Derby City Council (www.derby.gov.uk).

Attractions: Derby Museum and Art Gallery, Heights of Abraham, National Tramway Museum, Pickford’s House Museum, Calke Abbey, Donington Park, Derby Arboretum, and Derby Cathedral.

Q.

Does Homeward Legal get involved in the conveyancing of auction properties in Derby?

Indeed we are property auction specialists, and we often do the legal work for buyers and sellers at auction. Our specialist property solicitors have been instructed by countless successful bidders at local and national property auctions.

Try our quote calculator, or call our team of auction experts on 0800 038 6699 to obtain your fixed-fee quote.

Q.

If I am buying in Derby, is it important to get a chancel liability search?

Owners of property in Derby may be subject to chancel repair liability. Liability has the potential to impact the value of a property, but insurance is available should an obligation to fund repairs be enforced. Your conveyancer will be able to advise you on the situation and your options.

Church of England properties in Derby, where chancel liability may apply, include:

  • St. Bartholomew’s, 49 Addison Road, Derby, DE21 8FH
  • St. Luke’s, Parliament Street, Derby, DE22 3RL
  • St. Barnabas, Radbourne Street, Derby, DE22 3HD
Q.

What is the council tax on a residential, detached property in Derby?

Your conveyancing solicitor will identify the Derby council tax information and put it in the subsequent title report. The latest tax rates for Derby are set out at the Derby council site (see the head of these FAQs to click on a link). For the 2016/2017 tax year, the rates were:

  • Band A - £989.81
  • Band B - £1,154.78
  • Band C - £1,319.75
  • Band D - £1,484.72
  • Band E - £1,814.66
  • Band F - £2,144.60
  • Band G - £2,474.53
  • Band H - £2,969.44

Retrieved on 11 March 2017

Q.

What will the SDLT be for a £439,000 residence I am purchasing in Derby?

The Stamp Duty Land Tax (SDLT) rate depends on a number of factors but principally on the price you bought your property for. If your building was purchased for under £125,000, you will not have to pay any stamp duty. In the example cited, the duty owed would be £11,950 on a property bought for £439,000.

Note that the government’s budgeting and housing policies may change the rate or the trigger value. You might wish to use a stamp duty calculator like the one at www.stampdutycalculator.org.uk.

Q.

We are going to a property auction in Derby and will need to guarantee fast conveyancing: What should we do?

Finding and appointing a proactive solicitor early in the process is essential to fast conveyancing. At Homeward Legal, our panel of solicitors is chosen because of their speed-focused approach to completing the legal tasks, backed up with the investment in leading-edge case-management systems. Give us a call on 0800 038 6699 for a fixed-fee quote reinforced by our ‘No Move, No Fee’ guarantee.

In addition to appointing your solicitor, there are a number of things that you, as the buyer, could do to accelerate the conveyancing, including:

  • promptly answering your solicitor's questions
  • requesting regular updates from your solicitor
  • keeping the pressure on
  • confirming your mortgage offer
  • Q.

    Is a chancel repair liability search a disbursement or a fee?

    Comparing conveyancing quotes can be difficult, considering differences in terminology used by solicitors. A chancel repair liability search charge is a disbursement not a fee, and is passed on at cost. Homeward Legal’s quotes make the distinction between the two types of charges very clear. Try our online quote calculator or call us on 0800 038 6699.

    Q.

    We are using a mortgage lender in Derbyshire, and need to know which Derby lenders your lawyers are able to work with. Which panels are you on?

    The conveyancing solicitors at Homeward Legal work with the majority of lenders serving Derby homebuyers. Derby lenders and mortgage specialists include:

    • TSB Bank PLC, 33 East Street, Derby, DE1 2AL
    • Assets Assist, 105 Pear Tree Road, Derby, DE23 6QB
    • Mortgage Advice Services Ltd., Pride Park, 16 St. Christopher’s Way, Derby, DE24 8JY

    The Derby solicitor handling the work for your sale or purchase will be able to confirm any additional costs or hurdles associated with your chosen lender.

    Q.

    We are finally going to be moving from our semi-detached house in Derby to a larger dwelling in Chesterfield, but when should we appoint a removal company?

    Most property lawyers would suggest that you delay booking a removals company until such time as contracts have been exchanged. It is only at this point that the move date is firm. You should also note that some home-removals firms might charge a rebooking fee. When you are ready to appoint a firm, you could try speaking to:

    • Abbots Removals, Clovelly Court, Longford Street, Derby, DE22 1GS (Tel: 01332 364222)
    • Johnsons Moving Services, Jubilee Business Park, 21 Enterprise Way, Derby, DE21 4BB (Tel: 01332 371452)
    Q.

    Should we employ the property lawyer named by my agent?

    A.

    The agent will often suggest a solicitors firm. These referrals need to be weighed up against alternatives, including online or local firms, as an agent may select the firm which pays to the largest referral fee, not a firm with local expertise and a solid reputation.

    Q.

    Do we need to be concerned about gazumping?

    A.

    This occurs when a home owner accepts an offer, then refuses it, choosing instead another purchaser's offer. Because acceptance of an offer is not binding on the seller until exchange of contracts, there is a risk of gazumping. Instructing your conveyancing solicitor as soon as possible is a key first step to reducing this risk.

    Q.

    How can the conveyancing process in Derby have so many delays?

    A.

    The conveyancing process will occasionally be drawn out. We aim to minimise the effect of these delays wherever feasible. Delays may include a slow firm acting for the lender.

    Q.

    We are going to buy a property in Derby, and need to know if we will be eligible for stamp duty relief.

    A.

    Derby disadvantaged areas are identified by council ward. Areas in Derby currently include Derwent, Normanton, Babington, Litchurch, Osmaston and Sinfin. Update: As of the 2013/14 tax year, stamp duty relief for disadvantaged areas is no longer available.

    Q.

    What does my searches cost?

    A.

    With Homeward Legal, a client in Derby is charged at most £249 for conveyancing searches. Conveyancing searches are paid to a third party.

    Q.

    How does a solicitor in Derby advise me on the risk of flooding around Derby?

    A.

    A key part of the legal due diligence process involved in buying a home involves a lawyer carrying out property conveyancing searches that go in specific information with regard to Derby area flood risk.

    Q.

    How long on average should it take our assigned property lawyer to get through the conveyancing formalities on the top floor of home we hope to buy?

    A.

    Getting contracts exchanged can take anywhere between 1 month and 12 weeks, which can be hampered by a number of issues for example the speed of the seller's property lawyer, or the speed of your lender.

     
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