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Completions in weeks not months. Prices start from £363 INC VAT

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Transfer of Equity Cost

27/04/2023
(Last Updated: 19/09/2023)
498
5 min read
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ID1 Forms
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The transfer of equity cost will vary depending on the:

  • value of the property;
  • property tenure (leasehold or freehold);
  • ownership (tenants in common or joint tenants);
  • mortgage lender;
  • number of restrictions on the title; and
  • money changing hands (consideration).

The transfer of equity cost is cheaper than when you originally purchased the property because the solicitor isn't checking the title and reporting on the restrictive covenants/easements, but they do have to satisfy themselves that the restrictions are adhered to and the parties are adequately informed around their beneficial interest. For example, an owner isn't giving up their share in the property for under what it is worth.

We will explain the transfer of equity solicitor costs and the disbursements below (including a transfer of equity stamp duty calculator).

Transfer of Equity Solicitor Costs

Solicitor Work
Average Cost
Transfer of Equity Legal Work
This includes the checking of the title for restrictions, drafting the TR1, handling completion, submitting stamp duty land tax form and registering the property with the new owners' names.
£363 INC VAT
Leasehold Work
This includes contacting the freeholder to confirm notice fees, service charge and ground rent liabilities and settling the same upon completion and filing the notice to the freeholder post completion.
£200 - £300
Land Registry ID1 Form
This is payable if the party leaving the title doesn't have a solicitor acting for them. The reason for this cost is the Land Registry require the owners' ID verified by a solicitor or else they won't update the legal title.

£99
Declaration of Solvency
This is payable if the party leaving the title is being paid less than the market value for their share. The reason for this transfer of equity cost protects the remaining owners from having the transfer reversed if the leaving party is made bankrupt.

£150
Form LL Anti-Fraud Restriction
This is payable if when you purchased the property you applied the Form LL Restriction to the title to protect yourself from someone fraudulently selling your home.

£150
Remove a Form A Restriction
If you currently own the property as tenants in common, there is a Form A restriction applied to the title. The restriction stops a sale/transfer by any one party (No disposition by a sole Proprietor) and as such, to remove the restriction dated when the parties applied it, you will need to make a Statement of Truth (Land Registry ST5 Form) and sign a Land Registry RX3 Form.

The ST5 confirms the remaining party/ies hold the beneficial interest in the property and that no beneficial interest in the property has been separately mortgaged or charged, and that no beneficial owner is or was subject to a charging order or bankruptcy proceedings (a registered mortgage does not count). Where there is a deed confirming the position of the current owner’s beneficial interest, then a certified copy of this will need to be provided to the Land Registry with the application to remove the Form A restriction.

£108

Transfer of Equity Cost of Disbursements

Disbursement
Average Cost
Stamp Duty Land Tax
If you are transferring equity and the transaction provides an individual an interest in land, stamp duty land tax (SDLT) or land transaction tax (LTT) will be payable by reference to any chargeable consideration given for it. Chargeable consideration is defined in the Finance Act 2003, Schedule 4, Stamp duty land tax: chargeable consideration and confirmed by HMRC with examples here https://www.gov.uk/hmrc-internal-manuals/stamp-duty-land-tax-manual/sdltm04040.

Consideration can be cash changing hands or the taking on of a debt (such as a mortgage or personal loan). To work out the total consideration you add the cash/money being paid for the assignment and the new owner’s share of the existing mortgage/loan debt. If the total consideration exceeds the stamp duty threshold, then stamp duty is payable at the prevailing rate.
 
Any stamp duty land tax should be declared and paid to HMRC within 14 days after completion of the transaction otherwise you may incur penalties. You can file your stamp duty land tax return with HMRC by clicking here https://www.gov.uk/guidance/stamp-duty-land-tax-online-and-paper-returns and pay any liability by clicking here https://www.tax.service.gov.uk/pay/stamp-duty-land-tax/choose-a-way-to-pay
 
£TBC
Land Registration
The Land Registry cost is based on the full price of the property.

Land Registry Scale TWO Fees

Value of Property (£)
Fee - Electronic
Fee - Postal
(New Builds or First Registration)
0 - £80,000
£20
£45
£80,001 - £100,000
£20
£45
£100,001 - £200,000
£30
£70
£200,001 - £500,000
£45
£100
£500,001 - £1,000,000
£65
£145
£1,000,001 and over
£140
£305
 

£TBC
Online ID Check
 
£15
Official Copy of Register & Title Plan (per title)
 
£6
Priority and Bankruptcy Land Registry Searches
 
£10
(if undervalue) Insolvency Indemnity Insurance
Only payable if you are transferring equity under market value. The insurance protects if the party coming off becomes bankrupt and their trustees seek to reverse the transfer to pay off their debts. This only applies if the transfer is for under market value in an arm's length transaction.
 
Circa £60 to £100
(if leasehold) Official Copy of the Lease
 
£3
(if leasehold) Payments to freeholder
such as Notice fees, licence to assign or engrossment fees
When buying a leasehold property your solicitor will need to give notice to the freeholder that you are the new owner of the leasehold property after you complete. The freeholder will charge a notice fee, and potentially an engrossment fee, for doing this and your solicitor will confirm the cost of this to you once they receive the management pack from the seller's solicitors. These fees are payable to the freeholder and aren't negotiable.
 
£TBC
Frequently Asked Questions
BOTH
WHY
Andrew Boast of Sam Conveyancing
Written by:
Andrew started his career in 2000 working within conveyancing solicitor firms and grew hands on knowledge of a wide variety of conveyancing challenges and solutions. After helping in excess of 50,000 clients in his career, he uses all this experience within his article writing for SAM, mainstream media and his self published book How to Buy a House Without Killing Anyone.
Caragh Bailey, Digital Marketing Manager
Reviewed by:

Caragh is an excellent writer in her own right as well as an accomplished copy editor for both fiction and non-fiction books, news articles and editorials. She has written extensively for SAM for a variety of conveyancing, survey and mortgage related articles.


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