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Free Guide to Hiring a Real Estate Lawyer
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Real estate in Aberdeen operates under the law of Scotland, which is distinct from the system in England and Wales. Whether you are buying a home in the city, investing in student lets near the universities, developing land on the outskirts, or leasing commercial space connected to the energy supply chain, the legal processes and terminology you encounter will be Scottish. Key differences include the use of missives for the contract phase, the requirement for a Home Report before most residential sales, and registration of title with Registers of Scotland. The local market is influenced by the energy sector, universities, and ongoing regeneration, and there is a mix of tenement flats, traditional granite homes, new builds, and rural properties in nearby Aberdeenshire.
Scottish solicitors handle the full conveyancing process, from the offer through to settlement and registration. Aberdeen City Council is the local planning and building standards authority for properties within the city boundary, with Aberdeenshire Council responsible for surrounding towns and villages.
Buying or selling a home in Aberdeen requires a Scottish solicitor to prepare and negotiate the missives, examine title, carry out due diligence, handle settlement, and register ownership. Your solicitor also manages Land and Buildings Transaction Tax and deals with your lender if you have a mortgage secured by a standard security.
Remortgaging or transferring title between family members or partners also needs a solicitor to prepare deeds, advise on tax and legal risks, and register changes. Executors dealing with inherited property need legal support for executry conveyancing, sale, or transfer to beneficiaries.
Developers and business owners typically instruct lawyers for site acquisition, planning and section 75 obligations, construction contracts, commercial leases, and infrastructure agreements. Title conditions, servitudes, wayleaves, and environmental matters often require specialist advice.
Landlords and tenants in the private rented sector benefit from legal guidance on Private Residential Tenancies, rent increases, evictions based on statutory grounds, deposit protection, HMO licensing, short term lets licensing, and disputes before the First tier Tribunal Housing and Property Chamber.
Disputes about boundaries, access, encroachment, common parts in tenements, property factoring, noise or damp, and defective workmanship are common reasons to seek legal help. Early advice can prevent issues from escalating and protect your position.
Conveyancing in Scotland uses a formal exchange of letters called missives. Once missives are concluded you have a binding contract. Settlement is completed by delivery of a disposition and payment of the price. Your title is then registered in the Land Register of Scotland under the Land Registration etc. Scotland Act 2012. Some historic titles are still recorded in the Sasine Register, but new transactions move titles to the Land Register.
Sellers of most residential properties must provide a Home Report before marketing. This pack includes a single survey by a chartered surveyor, an energy performance certificate, and a property questionnaire. New build homes are generally exempt from the Home Report requirement but still need an EPC.
Land and Buildings Transaction Tax applies to acquisitions in Scotland and is administered by Revenue Scotland. Rates and bands differ from those in England and Wales. An Additional Dwelling Supplement can apply to second homes and buy to let purchases. Reliefs and reclaim windows are available in certain cases. Rates and rules change from time to time so you should ask your solicitor to confirm the latest position.
Title conditions and neighbors rights are governed by the Title Conditions Scotland Act 2003 and the Tenements Scotland Act 2004. These laws cover real burdens, servitudes, common repairs, and decision making in tenements. Many flats in Aberdeen have a deed of conditions and a property factor. Property factors must be registered and follow the Property Factors Scotland Act 2011 and its code.
Private Residential Tenancies are regulated by the Private Housing Tenancies Scotland Act 2016. Tenancies are open ended, rent increases follow strict notice rules, deposits must be protected in an approved scheme under the Tenancy Deposit Schemes Scotland Regulations 2011, and most disputes are decided by the First tier Tribunal. HMO licensing is required where three or more unrelated people share a property. Letting agents must be on the Scottish Letting Agent Register and comply with the Letting Agent Code of Practice.
Short term lets require licensing through the local council. Existing and new hosts must meet safety and management standards and may need planning permission in some cases. Requirements can vary by local policy so check the Aberdeen City Council scheme if you plan to operate a short term let.
Planning and building standards are set by national legislation and the local development plan. Aberdeen has an adopted Local Development Plan that guides zoning, density, and developer obligations. Building works often need both planning permission and a building warrant under the Building Scotland Act 2003. Conservation areas and listed buildings in Old Aberdeen and other parts of the city have additional controls. Flood risk and coastal matters involve guidance from the Scottish Environment Protection Agency.
In Scotland your solicitor submits a formal written offer and negotiates the missives. Once missives are concluded the contract is binding with clear remedies for breach. There is no exchange of contracts ceremony. Gazumping is less common after missives are concluded. Settlement follows with delivery of the deed and funds then your title is registered with Registers of Scotland.
A Home Report is a seller commissioned pack that includes a single survey, an energy performance certificate, and a property questionnaire. It must be available before marketing most homes. Buyers can rely on the survey, although some still commission additional checks. New build homes are usually exempt from the Home Report requirement.
Missives are the series of formal letters between solicitors that create the contract for a property purchase or sale. They cover price, dates, conditions, title matters, and extras. When the final qualified acceptance is issued and all conditions are met, missives are concluded and the contract becomes binding.
Timeframes vary with lending, surveys, and chain dependencies. A straightforward freehold house or flat can often complete in six to eight weeks from offer, but new builds, rural titles, leasehold commercial deals, or complex title issues can extend that. Your solicitor can give a realistic timeline once they see the papers and lender requirements.
Typical due diligence includes a title and plans review, a Legal Report from Registers of Scotland, a Property Enquiry Certificate from the council covering roads, planning and building standards matters, a water and drainage search, and any area specific reports such as mining or environmental if relevant. For flats your solicitor will review the deed of conditions, factoring arrangements, common repairs, and insurance.
Many Aberdeen properties are marketed at offers over. Buyers note interest through their solicitors. If enough interest is shown the seller may set a closing date by which all formal offers must be submitted. Your solicitor will advise on price strategy, conditions, and risks. The Home Report valuation can help guide your offer level.
Budget for Land and Buildings Transaction Tax, the Additional Dwelling Supplement if applicable, Registers of Scotland registration dues, your solicitor fees and outlays, survey costs if any, lender fees, and moving expenses. Commercial deals may also involve VAT and non domestic rates considerations. Ask your solicitor for an itemised estimate at the start.
Any Scottish solicitor can act, but a firm with Aberdeen experience can be helpful for local title patterns, common tenement issues, developer practices, and council processes. Many transactions are handled efficiently by email and phone, but local knowledge can smooth planning, factoring, and survey points.
Private landlords must register with the local authority, use the Private Residential Tenancy, protect deposits in an approved scheme, follow repairing standard duties, and issue prescribed documents. HMOs need a license. Letting agents must be registered and follow the code of practice. Rent increases and evictions follow strict notice rules and disputes usually go to the First tier Tribunal.
The Tenements Scotland Act 2004 and your deed of conditions set out decision making and cost sharing. Many buildings appoint a property factor who manages maintenance and insurance and charges owners accordingly. If there is no factor, owners can use the statutory scheme of maintenance. Your solicitor will explain your obligations before you commit to buy.
Aberdeen City Council Planning and Building Standards can advise on planning permission, building warrants, conservation areas, HMO licensing, and short term lets licensing.
Registers of Scotland provides information on the Land Register, title sheets, plans, and registration fees.
Revenue Scotland publishes Land and Buildings Transaction Tax guidance and forms, including the Additional Dwelling Supplement and reliefs.
First tier Tribunal for Scotland Housing and Property Chamber handles landlord tenant and property factor disputes and repair applications.
Law Society of Scotland offers a find a solicitor service and guidance on instructing a solicitor.
Scottish Legal Aid Board provides information on eligibility for civil legal aid for those who qualify.
Citizens Advice Scotland offers free general guidance on housing and consumer issues.
Shelter Scotland provides housing rights information for tenants and homeowners.
Historic Environment Scotland can advise on listed buildings and conservation consent considerations in Aberdeen.
Scottish Water and the Scottish Environment Protection Agency offer information on water, drainage, flood risk, and environmental matters relevant to development.
Define your goal and budget. If you plan to buy, obtain a mortgage agreement in principle and set funds aside for LBTT, registration dues, and legal costs. If you are selling, instruct a Home Report early and gather title deeds, guarantees, and factoring information. For lets or development, assemble compliance documents and speak to planning or licensing teams as needed.
Instruct a Scottish solicitor at the outset. Ask for a written fee estimate, timescales, and a clear list of what is included. Be ready to provide identification and source of funds documents to meet anti money laundering rules. Agree preferred dates and communication methods.
For a purchase, your solicitor will note interest, submit and negotiate the offer, review the Home Report, check title and searches, report to your lender, and advise on risks. For a sale, your solicitor will prepare the contract documents, answer due diligence questions, and coordinate settlement. For leases, disputes, or development, your lawyer will map the regulatory steps and negotiate the contracts to protect your position.
Do not commit to builders, agents, or major works without legal review. Planning, building standards, listed building consent, landlord registration, HMO or short term lets licensing, and factor approvals can all affect timing and cost. Early checks reduce the risk of delay.
Keep records. Save emails, meeting notes, reports, guarantees, and consent letters. Good paperwork helps your solicitor resolve issues quickly and is vital if a dispute reaches the First tier Tribunal or the Sheriff Court.
Laws and tax rates change. Ask your solicitor to confirm the current LBTT rates, ADS rules, tribunal procedures, and licensing requirements before you proceed. Timely, local legal advice in Aberdeen will help you complete with confidence and avoid costly surprises.
