Licensed conveyancer or solicitor: who regulates each, what they can do, and how to check

Who regulates a solicitor, and who regulates a licensed conveyancer?

The Solicitors Regulation Authority (SRA) regulates solicitors and law firms. You can check on the SRA Solicitors Register whether a person is a solicitor, where they work, and whether the SRA regulates a firm.

The Council for Licensed Conveyancers (CLC) regulates licensed conveyancers. Part II of the Administration of Justice Act 1985 sets the licensing regime, and section 11 governs conveyancing services provided by holders of a licence under that Part. GOV.UK directs people who want to provide conveyancing services in England and Wales to register with the CLC.

What can each of them do?

A licensed conveyancer is licensed to provide conveyancing services (Administration of Justice Act 1985, section 11). The CLC’s website also refers to adding probate to a CLC licence (CLC). What a particular person may do depends on their authorisation, so check the CLC register or the SRA register, and ask which services they are authorised to provide for your matter.

What insurance and protection do clients get?

SRA-authorised firms must take out and maintain professional indemnity insurance under the SRA Indemnity Insurance Rules. The rules apply to authorised bodies carrying on a practice.

The CLC’s website refers to professional indemnity insurance and to a compensation arrangement for clients, but the details are on separate CLC pages. Ask any conveyancer or firm to confirm in writing what insurance they hold and what protection their clients have, before you instruct them.

How do you check a conveyancer or solicitor on the register?

For a solicitor, search the SRA Solicitors Register by name or firm. Check that the person is listed, that the firm is one the SRA regulates, and that there is no closure or bar entry against them.

For a licensed conveyancer, use the CLC’s Find a Licensed Conveyancer search and confirm that the individual or firm appears as CLC-regulated, not merely as a practice name. Do this before you send money or sign anything, and keep a record of the date you checked.

How do a solicitor and a licensed conveyancer compare?

Whichever you choose, ask for the regulator, the register entry and the insurance in writing. Instrukt introduces clients to SRA-regulated solicitors only, and may be paid by the solicitor; under paragraph 5.1 of the SRA Code of Conduct for Solicitors they must tell you before you instruct them. An independent solicitor you instruct can advise on your own purchase rather than relying on this general guide.