Purchasing a property in England or Wales can be exciting, but if you are used to the French conveyancing system, the English process may feel unfamiliar and the differences surprising. This guide walks you through each step and explains how the English system works, what sets it apart from the French approach, and how we support you throughout. Once you understand what to expect, you can move forward with confidence.
Property search: almost all sales go through an estate agent
In England and Wales, properties are almost always sold via estate agents unless the parties already know each other. It is uncommon for a seller to market their own property, which already sets the tone for a different process.
Estate agents act for the seller and are responsible for advertising the property, arranging viewings, and communicating offers. They do not have the legal role of a French agent immobilier; instead, they focus on the commercial aspects of the sale.
Making an offer: a fundamental legal difference
Once you have found a property you wish to buy, you make your offer through the estate agent. Here is one of the most striking differences between the two systems:
- In France, in certain situations (such as where the property is marketed directly by the seller or by an agent acting under a mandat de représentation) the advertisement can constitute a legal offer. If you ‘offer’ the full asking price, you are effectively accepting the seller’s offer, which creates a binding legal obligation. Proposing a different price amounts to a counter-offer, which the seller is free to accept or reject. In practice, this means the seller is legally required to sell to the first person who offers the advertised price.
- In England and Wales, an advertisement is merely an invitation to treat (an invitation for you to make an offer). Your offer is the legal offer, which the seller may accept or decline at their discretion, even if it matches the asking price. However, even where an offer is accepted, neither party is legally committed at this stage. This provides significant flexibility, and negotiations can continue well into the transaction.
It is essential to note that, because nothing becomes legally binding until exchange of contracts, either party may withdraw. A seller may accept a higher offer from another buyer, or a buyer may seek to renegotiate the price, even at a late stage. Such situations are far less common in France, where the compromis de vente is usually signed early in the process and creates binding obligations on both parties.
Instructing your solicitor: each party has separate legal representation
Once your offer is accepted, you appoint your solicitor or conveyancer, and the seller appoints theirs. Unlike in France, where both parties may be represented by the same notaire, one solicitor cannot act for both sides (even if the parties agree), as English rules treat this as an obvious conflict of interest.
After conducting ID and source of funds checks, your solicitor will request the contract pack from the seller’s solicitor and start reviewing the Land Registry title and other documents.
Document review and legal checks: searches, enquiries and report
Your solicitor will examine the draft contract, the title documents, your mortgage offer and the seller’s property information forms. They will also carry out searches to uncover issues such as planned road schemes, land contamination, or drainage problems.
Your solicitor will raise any questions with the seller’s solicitor, negotiate the terms of the contract and report to you and your lender with clear advice.
Flats: no outright ownership, leasehold only
If the property you are buying is a flat, you will almost certainly acquire it on a leasehold basis. This means you will own a long-term lease, rather than the property itself. As this structure does not exist in France, it often comes as a surprise to French buyers.
Under leasehold ownership:
- You have the right to occupy the flat for a fixed number of years. Once that term expires, the property reverts to the landlord unless the term is extended.
- You do not own the land or any of the common parts of the building.
- Your occupation is governed by the terms of the lease, which may include restrictions on sub-letting, pets, or carrying out alterations.
- In addition to the purchase price, you may be required to pay an annual ground rent.
- The landlord may forfeit (terminate) the lease if you breach its terms. If forfeiture occurs, you risk losing the premium paid for the lease – although reforms to this area of law are expected in the near future.
Service charges are payable in both the UK and France, but the way they are structured and regulated differs.
Because of these differences, acting on the purchase of a flat involves reviewing additional documents, including the lease itself and information provided by the managing agents.
Note: This type of ownership structure generally does not apply to houses, which are typically owned outright (freehold).
Survey and financing: why certainty is crucial before exchange
While the legal review progresses, you should arrange:
- a structural survey to assess the condition of the property (this is strongly recommended, as England has no compulsory seller-provided diagnostics comparable to those required in France), and
- your mortgage if you need one.
Unlike the French system where conditions precedent (conditions suspensives) are common, in England and Wales they are unusual. This means you must have a firm mortgage offer before contracts are exchanged.
If you plan to use invested funds for your purchase, you should ensure that these are released and (if applicable) converted into sterling before exchange of contracts to avoid delays or unexpected currency fluctuations. Similarly, if you are relying on the proceeds from the sale of a property in France to fund your purchase, it is advisable not to exchange contracts on your UK purchase until your French sale has completed and the proceeds have been converted into sterling.
Preparing for exchange: signing documents ahead of time
Once the survey, the legal checks and your financing are complete, the transaction moves towards exchange.
You will sign the contract, the transfer deed, the mortgage deed (if applicable) and any other relevant documents in advance. This can be done in person at your solicitor’s offices, or by post. Your solicitor will hold everything on file until the right moment.
On the day of exchange, no meeting is required. Your solicitor will date the signed contract and formally exchange contracts with the seller’s solicitor over the phone.
Exchange of contracts: the binding moment (much later than in France)
Exchange of contracts is the moment when both parties become legally committed. Key points to understand:
- This comes later than the French compromis de vente.
- A fixed completion date is agreed.
- After exchange, neither party can withdraw without serious legal and financial consequences.
- There is no cooling-off period.
- The deposit (usually 10%) becomes non-refundable if you fail to complete.
- The contract remains binding even if one of the parties dies before completion (in France, the contract can sometimes be rescinded (cancelled) if the buyer dies before completion).
- Conditions precedent can be included in the contract, but they are the exception, not the rule.
All uncertainties must therefore be resolved and financing must be fully secured by the time you reach exchange.
Between exchange and completion: finalising arrangements
The period between exchange and completion is normally 1 to 2 weeks, although the parties can (on exchange of contracts) agree on a shorter or longer timeframe. During this period:
- Your solicitor requests mortgage funds from your lender and completes final checks.
- You transfer the balance of funds to your solicitor.
- You finalise personal arrangements (such as removal, buildings insurance, notice to your landlord if you are in rented accommodation, final meter readings etc).
Day of completion: transfer of funds and release of keys – you become the new owner
On the date specified in the contract, your solicitor sends the purchase funds to the seller’s solicitor, the seller’s solicitor authorises the estate agent to release the keys to you, and the solicitors date the Transfer and other deeds.
Because everything has already been signed, no meeting is required.
After completion: final administrative formalities
Your solicitor will then deal with post-completion formalities: they will pay Stamp Duty Land Tax on your behalf, register your ownership and your mortgage with HM Land Registry and, if the property is a flat, notify the freeholder and/or the management company.
Timing: approximately 12 weeks
A typical purchase takes 8–12 weeks from start to finish, although it can be faster or slower depending on circumstances.
The absence of a notaire means the process can seem less structured but more flexible.
Supporting you at every stage – in English or French
Buying property abroad can feel overwhelming, especially when the legal framework differs so much from the French system. At Lewis Nedas Law, we offer:
- clear explanations at every stage,
- support in French if required,
- detailed reporting on risks or unusual features,
- practical guidance to help you avoid delays or surprises.
Our goal is to make the experience understandable and stress-free, even if the legal system is unfamiliar.
Virginie Drake is a Conveyancing Executive in our Property department.
Contact our expert Property Team
For further guidance in relation to this article, please contact Lewis Nedas Law via our online enquiry form or by telephone 020 7387 2032.