My husband and I are hoping to acquire a flat in Ilminster and have instructed a Ilminster conveyancing practice. Within the past 48 hours our property lawyer has sent a preliminary report and documents to look through with a view to exchanging next week. HSBC Bank have this morning contacted us to inform me that they have now hit a problem as our Ilminster solicitor is not on their approved list of lawyers. Is this a problem?

If you are buying a property with the assistance of a mortgage it is usual for the purchasers' solicitors to also represent the purchaser's lender. In order to act for a bank or building society a law firm has to be on that lender's conveyancing panel. An application has to be made by the law firm to the lender to become a member of the lender's panel and there are increasingly strict criteria which the firm has to satisfy and indeed some lenders now require their panel members to be part of the Law Society’s Conveyancing Accreditation Scheme. Your solicitor should contact your mortgage company and see if they can apply for membership of their conveyancing panel, but if that is not viable they will instruct their own solicitors to act. You are not legally obliged to appoint a law firm on the lender’s conveyancing panel as you are at liberty to use your preferred Ilminster lawyers, in which case it will likely add costs, and it will likely delay the transaction as you are adding another lawyer into the mix.

What is your number one tip for choosing a conveyancing solicitor in Ilminster

Do not opt for the lowest Ilminster conveyancing fees. You really do get what you’re paying for when it comes to property lawyers. A cheap quote may mean that the conveyancing solicitor is handling a lot of jobs at one time and you won’t get the quality of service and the attention that you need. It is, however, wise to use a conveyancer who has a fixed fee on a no sale, no fee basis. This way, you go into the conveyancing with your eyes wide open.

We are purchasing a end of terrace house in Ilminster. Our aim is to an extension at the rear at the house.Will the conveyancing process include investigations to see if these works are allowed?

Your solicitor should check the deeds as conveyancing in Ilminster will sometimes identify restrictions in the title documents which prohibit categories of changes or require the permission of a 3rd party. Some extensions need local authority planning consent and approval in compliance with building regulations. Certain locations are designated conservation areas and special planning restrictions apply which often prevent or impact extensions. It would be wise to check these things with a surveyor before you commit yourself to a purchase.

I am due to exchange contracts on my flat. I had a double glazing fitted in November 2008, but did not receive a FENSA certificate or Building Regulation Certificate. My buyer's mortgage company, Bank of Ireland are being difficult. The Ilminster solicitor who is on the Bank of Ireland conveyancing panel is recommending indemnity insurance as a solution but Bank of Ireland are requiring a building regulation certificate. Why do Bank of Ireland have a conveyancing panel if they don't accept advice from them?

It is probably the case that Bank of Ireland have referred the matter to their valuer. The reason why Bank of Ireland may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.

Should commercial conveyancing searches disclose proposed roadworks that may impact a commercial land in Ilminster?

Its becoming the norm that commercial conveyancing solicitors in Ilminster will perform a SiteSolutions Highways report as it dramatically cuts the time that conveyancers invest in looking into accurate data on highways that impact buildings and development assets in Ilminster. The search result provides definitive data on the adoption status of roads, footpaths and verges, as well as the implication of traffic schemes and the rights of way surrounding a commercial development sites in Ilminster.

For each commercial conveyancing transaction in Ilminster it is critical to investigate the adoption status of roads surrounding a site. Failure to identify developments where adoption procedures have not been addressed adequately can result in delays to Ilminster commercial conveyancing transactions as well as pose a risk to future intentions for the site. These searches are not conducted for residential conveyancing in Ilminster.

I decided to have a survey done on a property in Ilminster ahead of instructing solicitors. I have been told that there is a flying freehold element to the house. My surveyor advised that some lenders will not issue a loan on such a property.

It depends who your proposed lender is. Santander has different instructions for example to Nationwide. If you contact us we can look into this further via the relevant bank. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Ilminster. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Ilminster to see if the conveyancing will be more expensive.

I was recommended by a number of estate agents in Ilminster to select a conveyancer on your site. What’s the financial incentive for Estate Agents to recommend your lawyers ahead of another?

We don’t make any commission for pointing buyers and sellers in our direction. We thought it would be too underhand to pay a commission because a client could think, ‘Why is the agent getting a kickback? Why aren’t I getting any benefit too?’ So we decided to step away from that.