What are requisitions in conveyancing?
Requisitions in conveyancing are questions or requests for clarification raised during a property transaction, usually by the buyer’s conveyancer after reviewing the draft contract pack and search results. In simple terms, they are part of the process of checking that everything about the property is in order before contracts are exchanged and the purchase can proceed safely.
Requisitions are important because they help identify missing information, resolve legal issues, and make sure the buyer understands exactly what they are buying. They can also arise in sales, remortgages, and transfers of equity, although they are most commonly associated with residential property purchases. At RFB Legal, our residential property solicitors deal with requisitions regularly as part of a smooth and efficient conveyancing process.
Why requisitions matter in residential conveyancing
Property transactions involve a lot of detail. Even a straightforward freehold purchase can include title issues, planning questions, mortgage conditions, and property enquiries. Requisitions help bring these matters into focus before the transaction reaches exchange and completion.
Without requisitions, important points might be overlooked, such as whether there are rights of way, who is responsible for boundaries, whether there are restrictions on the title, or whether any works to the property were properly approved. For buyers, this can reduce the risk of unexpected problems after completion. For sellers, answering requisitions promptly can help avoid delays.
In residential conveyancing, requisitions form part of the wider due diligence carried out by the conveyancer. They are not designed to create unnecessary delay; instead, they are used to ensure that the transaction is legally sound and that both parties have the information needed to proceed.
What kinds of questions are included in requisitions?
Requisitions can cover a wide range of issues depending on the property and the transaction. Common examples include:
- whether the seller has the legal right to sell the property
- whether the title is registered and free from defects
- details of any mortgages or charges that must be removed on completion
- whether planning permission or building regulations approval was obtained for alterations
- whether guarantees, warranties, or certificates are available
- confirmation of boundary details, rights of access, and easements
- details of service charges, ground rent, or leasehold obligations
- information about disputes, notices, or any occupation rights affecting the property
For example, if a seller installed a loft conversion, the buyer’s conveyancer may ask for evidence that the work had the necessary approvals. If the property is leasehold, requisitions may ask for details of the freeholder, managing agent, service charge arrears, and any upcoming major works.
How the requisitions process works
Once the seller’s conveyancer has issued the draft contract, title documents, and supporting papers, the buyer’s conveyancer reviews everything carefully. If anything needs clarification, they raise requisitions, often as part of the pre-exchange enquiry process.
The seller’s conveyancer then responds, usually with documents or explanations. Some requisitions can be answered quickly and easily. Others may require further investigation, for example where a document is missing or a legal issue needs to be resolved before the transaction can proceed.
In many residential property transactions, requisitions are raised and answered in stages. This is normal. The process helps ensure that the buyer is not moving forward with unanswered legal questions. It also gives the seller an opportunity to provide clarification or correct the record where needed.
Requisitions may also be relevant when dealing with completion formalities. For example, there are post-completion documents and undertakings that need to be satisfied so that the buyer’s title can be properly registered at HM Land Registry. In that sense, requisitions are part of the wider administrative and legal process of conveyancing.
Common issues that can lead to requisitions
Some properties generate more requisitions than others. This is not necessarily a sign that something is wrong, but certain features often require closer legal review.
Typical causes include:
- leasehold properties with service charge or ground rent questions
- older homes where title documents are incomplete or historic
- property alterations carried out without obvious paperwork
- shared access, shared driveways, or boundary uncertainty
- missing certificates for electrical, gas, or structural work
- unresolved planning or building regulation matters
- changes in ownership or occupation that require explanation
For sellers, a common problem is not having the relevant paperwork to hand. For buyers, the issue may be that the legal position is unclear and needs to be investigated before exchange of contracts. A proactive conveyancer can often spot these issues early and reduce the risk of delay.
What are the risks if requisitions are not answered properly?
If requisitions are incomplete, inaccurate, or ignored, the transaction may be delayed or exposed to risk. In some cases, the buyer may decide not to proceed until the issue is resolved. Mortgage lenders may also have concerns if the title or documentation is not satisfactory.
Possible consequences include:
- delays to exchange or completion
- extra legal work and additional costs
- queries from the mortgage lender
- difficulty registering the property after completion
- the buyer discovering a legal issue after moving in
It is also important that requisitions are answered honestly and accurately. If a seller is unsure about a matter, it is usually better to say so rather than guess. A residential property solicitor can then help identify what evidence is needed and whether any further investigation is sensible.
How a conveyancer helps with requisitions
A conveyancer or residential property solicitor plays a central role in managing requisitions. They review the transaction documents, identify legal issues, raise appropriate enquiries, and work through any responses with the other side. This is especially important in property sales, purchases, remortgages, transfers of equity, and leasehold transactions where the paperwork can be more complex.
At RFB Legal, our conveyancing team aims to keep clients informed and supported throughout the process. That includes explaining what requisitions mean in plain English, highlighting any concerns early, and helping clients gather the documents or information needed to keep matters moving.
A solicitor can also assess whether a response is sufficient. For example, if a seller says works were “done years ago” but no certificate exists, the issue may need further investigation before a buyer can safely proceed. Likewise, if a lease says consent was required for alterations, the solicitor can advise on what evidence is needed and whether any remedial steps should be considered.
This practical approach helps reduce stress and makes it easier for buyers and sellers to understand what is happening at each stage of the conveyancing process.
Requisitions in different types of residential property matters
Requisitions are not limited to standard house purchases. They can arise in a range of residential property transactions.
In a remortgage, the lender may require confirmation about title, restrictions, or occupier consent. In a transfer of equity, requisitions may focus on mortgage arrangements, ownership structure, and any declarations of trust. In leasehold sales, enquiries often relate to management information, arrears, service charge accounts, and compliance with lease terms.
For landlords and property investors, requisitions may also be relevant where a property is part of a wider portfolio or where title issues affect future lettings, refinancing, or sale plans. Each transaction should be assessed on its own facts, and the exact requisitions raised will depend on the property and the legal documents involved.
Frequently asked questions
Are requisitions the same as enquiries?
They are closely related and in practice the terms are often used interchangeably. In conveyancing, they usually mean questions raised to clarify legal, title, or property information before a transaction completes.
Do all property transactions involve requisitions?
Most residential property transactions involve some form of requisition or enquiry process. The number and complexity depend on the property, the title, and whether the transaction is freehold, leasehold, or more unusual in nature.
Can requisitions delay completion?
Yes, if they uncover missing documents, unresolved issues, or lender concerns, the transaction may take longer. Prompt communication and early review of the paperwork can help avoid unnecessary delay.
Should I answer requisitions myself?
Usually, the legal responses are handled by your conveyancer. However, you may be asked to provide facts, documents, or background information so that accurate answers can be given. If you are unsure, it is best to speak to your solicitor first.
Clear advice can help keep your transaction on track
Requisitions are a normal and important part of conveyancing. They help ensure that property transactions proceed on a clear legal footing and that buyers, sellers, lenders, and other parties have the information they need. While they can sometimes reveal issues that need attention, they also provide an opportunity to resolve problems before they become bigger concerns.
If you are buying, selling, remortgaging, or transferring equity and would like practical support with requisitions or any other residential property matter, RFB Legal can help. Our experienced conveyancing solicitors aim to provide clear communication, careful legal advice, and a smooth process from start to finish. Please contact us for advice tailored to your circumstances.
Disclaimer: This article is provided for general information purposes only and does not constitute legal advice. The law may have changed since the date of publication, and the information contained in this article may not be applicable to your specific circumstances. You should not rely on this article as a substitute for obtaining legal advice tailored to your individual situation. No solicitor-client relationship is created by reading, accessing, or acting upon the information contained herein. Whilst Ronald Fletcher Baker LLP makes reasonable efforts to ensure that the information is accurate and up to date at the time of publication, no warranty, express or implied, is given as to its accuracy, completeness, or suitability. Ronald Fletcher Baker LLP accepts no responsibility or liability for any loss arising from reliance on the information contained in this article. If you require legal advice regarding your particular circumstances, please contact a qualified member of our team.”