How does buying a home in Scotland work?
Scotland is a different system, not a variation on the English one: the seller provides a survey up front, offers go through a solicitor, and the contract forms at conclusion of missives rather than at exchange.
- Difficulty
- intermediate
- Time
- 15 min
- Read
- 5 min
- Safety
- caution
Short answer
The seller provides a Home Report containing a single survey, a valuation, an energy report and a property questionnaire. You note interest through a solicitor, and where there is competition the seller sets a closing date for offers. Your solicitor submits a written offer; the seller's replies with a qualified acceptance, and they negotiate by letters called missives. When missives conclude, the contract exists.
The two differences that matter most to someone moving from England are that the survey arrives before you offer rather than after, and that the point of no return arrives much sooner. That combination makes the Scottish process feel faster and more certain, and it makes preparation matter far more, because there is much less room to discover a problem after committing.
Safety
Step by step
- Get your finance sorted before you look seriously.Because you can be contractually bound within days of an offer being accepted, a mortgage in place matters more here. Sellers and their agents will also ask what your position is before taking an offer seriously.
- Instruct a Scottish solicitor early.You cannot make an offer yourself in practice; offers are submitted in writing by a solicitor. Many Scottish firms act as solicitor estate agents and do both the selling and the conveyancing. Instruct one before you start viewing.
- Read the Home Report properly.It contains three things: a single survey with a condition report from a chartered surveyor, a valuation, and an energy report; plus a property questionnaire completed by the seller. The seller or their agent must provide it, normally within nine days of a request.
- Understand the condition ratings.The single survey rates elements of the property. A rating indicating urgent repair or further investigation is the thing to price into your offer, and you can commission your own additional survey if you want more depth than the single survey gives.
- Note interest through your solicitor.This tells the selling agent you are a serious party and that you should be told if a closing date is set. It costs nothing and it is the mechanism by which you avoid missing the deadline.
- Expect offers over, and treat it as a floor.Most Scottish properties are marketed at 'offers over' a figure. The Home Report valuation is the anchor most buyers and lenders work from, because a lender will lend against the valuation, not against what you pay. Some properties are marketed at a fixed price instead.
- Handle a closing date carefully.Where several parties have noted interest, the seller sets a date and time by which offers must be submitted. Offers are submitted blind, so you are bidding without knowing the competition. Decide your maximum in advance and instruct your solicitor with it.
- Understand the offer and the qualified acceptance.Your solicitor's written offer states the price, the date of entry you want, the moveable items included, and your conditions. The seller's solicitor usually replies with a qualified acceptance — acceptance subject to changes — and the negotiation happens through further letters.
- Know that conclusion of missives is the binding moment.When the letters resolve into agreed terms, missives are concluded and a contract exists. From that point neither side can withdraw without being liable for the other's losses. This can be days or weeks after your offer, not months.
- Arrange insurance from the point the missives require it.The missives set out when risk passes. Ask your solicitor for the date you must be insured from and arrange cover to start then.
- Complete on the date of entry.Funds transfer, the seller signs the disposition transferring ownership, and you get the keys. Your solicitor then submits the LBTT return and registers your title in the Land Register with Registers of Scotland.
Tips
- Ask for the Home Report before viewing. It is free to you and it will rule some properties out before you spend a Saturday on them.
- Give your solicitor a written maximum before a closing date. Blind bidding under time pressure is exactly when people exceed what they meant to spend.
- Ask your solicitor to explain what happens between concluding missives and the date of entry, and what you must not do in that period.
Common mistakes
- Offering before finance is fully arranged — In Scotland an accepted offer can become a binding contract within days. There is far less room than in England to discover a lending problem afterwards.
- Reading only the Home Report valuation — The condition report and the property questionnaire carry the information that changes what a property is worth to you and what it will cost you after entry.
If it doesn't work
You keep losing at closing dates
Cause: Blind bidding against buyers pricing off the Home Report valuation — Fix: Ask your solicitor what properties of that type have actually been achieving relative to the Home Report valuation in that area. Then set a maximum you are comfortable with and stop bidding above it.
The Home Report valuation is below your intended offer
Cause: Competition has pushed the price above the surveyor's figure — Fix: Your lender will normally lend against the valuation, so the excess must come from your own funds. Work out that gap before you offer, not after.
The seller will not set a closing date
Cause: They are entitled to accept an offer at any time — Fix: Ask your solicitor to keep your note of interest live and to check regularly. A seller can accept an offer without ever setting a closing date, so a solicitor who is actively in contact matters.
Questions people ask
Can I be gazumped in Scotland?
Before missives conclude, yes — a seller is free to accept a better offer. But the window is much shorter than in England, and once missives are concluded the deal is binding on both sides, so gazumping is far less common.
Do I need my own survey if there is a Home Report?
Not usually, but you can commission one. The single survey is a general condition report; if it flags something significant, or the property is unusual or has been altered, a specialist report on that specific issue is often worth having before you offer.
Is the Home Report always available?
Most marketed homes must have one, and the seller or agent must supply it on request, usually within nine days. There are exemptions, including new homes sold to a first occupier and some seasonal holiday accommodation.
What tax do I pay?
Land and Buildings Transaction Tax, collected by Revenue Scotland, with an Additional Dwelling Supplement where you are buying an additional residential property. Rates and bands change; check Revenue Scotland for the current ones.
What if I want to withdraw after missives are concluded?
You are in breach of contract and can be liable for the seller's losses, which may include the shortfall on a resale as well as their costs. Speak to your solicitor immediately rather than simply not proceeding.