If you have bought or sold a house in England before, you might expect the process of moving house in Scotland to feel familiar. The removal van, the boxes and the meter readings are the same. The legal process behind the move is not. Scotland has its own property law, its own tax, its own land register and its own way of making a sale binding, and several of those differences change what you should do and when you should do it.
This guide sets out the key differences between Scotland and England for anyone buying, selling or moving home north of the border, whether you are a first-time buyer in Glasgow, a homeowner selling your current home, or someone moving to Scotland from England. It is written by the property team at The Glasgow Law Practice, who have been helping people buy and sell property in Scotland since 1986.
Scotland and England at a glance
Here is a quick comparison of the main stages of the moving process in England and Scotland.
| Stage | Scotland | England |
|---|---|---|
| Who handles the legal work | A Scottish solicitor, who also submits your offer | A solicitor or licensed conveyancer |
| Survey and valuation | Seller provides a Home Report before marketing | Buyer usually commissions and pays for their own survey |
| How offers are made | Formal written offer through your solicitor, often at a closing date | Informal offer to the estate agent, often negotiated down |
| When the deal is binding | Conclusion of missives | Exchange of contracts |
| Deposit on becoming binding | None as standard | Usually around 10% paid at exchange |
| Property tax | Land and Buildings Transaction Tax (LBTT), paid to Revenue Scotland | Stamp Duty Land Tax (SDLT), paid to HMRC |
| Tax return deadline | 30 days from the date of entry | 14 days from completion |
| Flats | Usually owned outright, with shared costs managed by a property factor | Commonly leasehold, with ground rent and service charges |
| Land register | Registers of Scotland | HM Land Registry |
| The big day | Settlement, on the date of entry | Completion |
1. You need a Scottish solicitor from the very start
In England, many buyers only instruct a solicitor or conveyancer once their offer has been accepted, and the offer itself is usually made by phone or email to the estate agent. In Scotland, your solicitor is involved before your offer is even made.
Scottish offers are formal legal documents. Your solicitor notes your interest in the property with the selling agent, discusses the price with you, drafts the written offer and submits it on your behalf. That offer is the first letter in the chain of letters that will eventually form your contract. For that reason, it makes sense to have a Scottish solicitor lined up as soon as you start viewing the property you want to buy, ideally with a mortgage in principle already in place.
Scottish property law is a separate legal system, so an English solicitor or licensed conveyancer cannot act on the legal side of a purchase or sale of property in Scotland (unless they are dual qualified). If you are moving from England to Scotland, you will usually have two sets of solicitors: an English conveyancer for the property you are selling in England, and a Scottish solicitor for the property you are buying here.
Another difference is that many Scottish estate agents are solicitors. A solicitor estate agent can market your home and handle the conveyancing under one roof.
2. The Home Report replaces the buyer’s survey
This is the difference that catches out most people moving to Scotland from England. In England, a seller only needs to provide an Energy Performance Certificate, and each buyer who is serious about a property pays for their own survey. If the sale falls through, that money is lost, and the next buyer pays for another survey on the same house.
In Scotland, the seller must commission a Home Report before the property is marketed. It has three parts:
- A Single Survey carried out by a chartered surveyor, covering the condition of the property and including a valuation.
- An Energy Report, which includes the Energy Performance Certificate.
- A Property Questionnaire completed by the seller, covering matters such as council tax band, alterations, parking, factoring and any notices affecting the property.
The seller pays for the Home Report. The cost of a Home Report varies with the value of the property and the surveyor, but for a typical family home you should expect to pay several hundred pounds, often more than £500.
For buyers, the practical point is simple. Ask for the Home Report before you pay for anything else, and read it properly. Buyers who are used to the English system often book a surveyor out of habit, when the survey they need is already sitting in the Home Report. The valuation in the Home Report is also used by most mortgage lenders, so it tells you a lot about how much your mortgage lender is likely to lend on the property. If you still want a more detailed inspection, for example on an older building or a property with visible issues, this can be included as a condition of your offer.
3. Offers over, notes of interest and closing dates
In England, the asking price is usually the ceiling, and buyers often negotiate below it. In Scotland, many homes are marketed at “offers over” a stated figure, and the final sale price can be well above it in a busy market. Other properties are sold at a fixed price, where the first acceptable offer at that figure is likely to succeed.
When you are interested in a property in Scotland, your solicitor registers a note of interest with the selling agent. If enough buyers note interest, the seller may set a closing date: a fixed day and time by which every buyer must submit their best offer in writing. Offers are not normally revealed to the other bidders, so you get one chance to put in the figure you want to pay. Our 7 step guide to buying residential property in Scotland explains notes of interest and closing dates in more detail.
4. Missives instead of exchange of contracts
This is the biggest legal difference between Scotland and England.
In England, the contract only becomes binding when contracts are exchanged, which often happens a week or two before completion. Up until that point, either side can walk away, and gazumping (where a seller accepts a higher offer from someone else) is a well known risk. At exchange, the buyer normally pays a deposit of around 10% of the price.
In Scotland, the contract is formed by a series of formal letters between the buyer’s and seller’s solicitors, known as missives. Your offer is followed by a qualified acceptance from the seller’s solicitor, and the solicitors then exchange letters until every point is agreed. Most residential missives in Scotland are based on the Scottish Standard Clauses, which keeps the process consistent between firms. When the final letter is sent, the missives are concluded and both sides are legally bound. There is no deposit to pay at this stage.
A few practical points follow from this:
- Your date is not fixed until missives are concluded. Book your removal company provisionally, but do not confirm the date in writing until your solicitor tells you missives have been concluded.
- Arrange buildings insurance from conclusion of missives. The Scottish Government’s mygov.scot advice is to have buildings insurance in place from conclusion of missives unless your missives say otherwise, so check with your solicitor when your cover needs to start.
- Your solicitor will not conclude missives until your mortgage offer is in place. This protects you from being bound to buy without the funds to do so.
- Pulling out after conclusion is expensive. Scottish missives normally include penalty provisions, such as interest and costs, if a buyer fails to settle on time. Our article on what happens when a buyer misses the completion date explains the remedies available to sellers.
Gazumping is less common in Scotland, but it is worth knowing that an accepted offer is not binding until missives are concluded. The Law Society of Scotland’s guidance says that, once a seller’s solicitor has accepted an offer, they should not pursue a different offer unless the first deal has fallen through for genuine reasons. That professional rule gives buyers more comfort than they typically have in England.
5. LBTT, not Stamp Duty
Stamp Duty Land Tax does not apply to property in Scotland. Instead, buyers pay Land and Buildings Transaction Tax (LBTT) to Revenue Scotland. The rates and bands are set by the Scottish Government, and the amount you pay on the same price can be quite different from what you would pay in England.
LBTT residential rates in Scotland (2026 to 2027)
| Portion of the price | Rate |
|---|---|
| Up to £145,000 | 0% |
| £145,001 to £250,000 | 2% |
| £250,001 to £325,000 | 5% |
| £325,001 to £750,000 | 10% |
| Over £750,000 | 12% |
First-time buyers in Scotland benefit from a relief that raises the nil rate band to £175,000.
SDLT residential rates in England
| Portion of the price | Rate |
|---|---|
| Up to £125,000 | 0% |
| £125,001 to £250,000 | 2% |
| £250,001 to £925,000 | 5% |
| £925,001 to £1.5 million | 10% |
| Over £1.5 million | 12% |
In England, first-time buyers pay no SDLT on the first £300,000 of a purchase up to £500,000, according to GOV.UK.
The key differences to know about are:
- The rates bite at different points. Scotland’s 10% band starts at £325,001, whereas in England the 5% band runs all the way to £925,000. For higher value homes, LBTT is often noticeably more than SDLT on the same price.
- Second homes and buy-to-let. In Scotland, the Additional Dwelling Supplement (ADS) adds 8% of the whole price where you buy an additional home for £40,000 or more. In England, the equivalent surcharge is 5%. If you are replacing your main home in Scotland and pay ADS because your previous home has not yet sold, you can usually reclaim it if you sell your previous main residence within 36 months.
- Different deadlines. An LBTT return must be submitted, and the tax paid, within 30 days of the effective date (normally the date of entry). In England, the SDLT deadline is 14 days after completion. Your solicitor will normally submit the LBTT return and pay the tax from the funds you send before settlement.
Tax rates change, so always check the current figures with your solicitor or on the Revenue Scotland calculator before you budget for your move. We are unable to give detailed tax advice and this should be sought for a suitably qualified professional.
6. No leasehold flats: ownership, factors and tenements
Anyone who has bought a flat in England will be familiar with leasehold, ground rent, lease extensions and freeholders. This rarely applies to a standard residential flat in Scotland.
Scotland abolished the old feudal system of land ownership in 2004, and most ultra-long leases were converted into outright ownership in 2015. When you buy a flat in Scotland, you own it outright. Shared parts of the building, such as the roof, the close and the stairwell, are usually owned in common with your neighbours, and your title deeds (together with the Tenements (Scotland) Act 2004) set out who pays for what.
Many tenement and new-build developments have a property factor who organises repairs and insurance for the common parts and bills each owner for their share. When you buy a flat in Scotland, your solicitor will check the title conditions, the factor’s details and whether any major common repairs are planned or outstanding, so you are not caught out by a large final bill after you move in.
7. Searches, registration and settlement
The checks your solicitor carries out are also different. In England, searches usually include local authority, drainage and water, and environmental searches. In Scotland, your solicitor will obtain:
- A Property Enquiry Certificate from the local council, covering planning, building control, roads and notices.
- A legal report covering searches in the Land Register and the Register of Inhibitions, which shows whether the seller is subject to any insolvency or other restrictions that could prevent the sale.
- A coal mining report where the property is in a former mining area, which covers much of the Central Belt.
Title to property in Scotland is registered with Registers of Scotland rather than HM Land Registry. Before settlement, the seller’s solicitor normally registers an advance notice, which protects the buyer’s position for 35 days while the new ownership is registered. Registration times can vary, and our article on property registration delays in Scotland explains why this can sometimes hold up a sale.
The day you move in is called the date of entry, and the transaction that happens on that day is called settlement rather than completion. Your solicitor sends the purchase price to the seller’s solicitor, and once the funds are received, the keys are released. In a chain, every sale and purchase settles on the same day, so your date of entry has to work for everyone involved. If you want to know how long the whole moving process is likely to take, see our guide to how long conveyancing takes.
Moving from England to Scotland (or the other way)
If you are selling a property in England and buying a property in Scotland at the same time, you are running two different legal systems in parallel. The main challenge is timing. Your English sale does not become binding until exchange, which is often late in the process, while your Scottish purchase becomes binding once missives are concluded.
In practice, most people in this position do one of three things:
- Sell in England first and rent, or stay with family, before buying in Scotland.
- Wait until their English sale has exchanged before concluding missives on their Scottish purchase.
- Arrange bridging finance or a mortgage that does not depend on the English sale.
Viewing houses from a distance is another challenge. The Home Report helps here, because you can read the survey and the valuation before you travel. Your Scottish solicitor and your English conveyancer should talk to each other early, so that the date of entry in Scotland lines up with completion in England. The same logic applies if you are moving from Scotland to England, in reverse.
What does not change: your moving house checklist
Plenty of the moving process is the same wherever you live in the UK. Here is a short moving house checklist for the practical side of a move in Scotland, with the Scottish differences highlighted.
- Council tax: register with your new council through mygov.scot. In Scotland, water and sewerage charges are collected alongside council tax rather than billed separately by a water company. If you are a single adult, reapply for your single person discount at your new address, as it does not transfer.
- Energy supplier: take meter readings on the day you leave and the day you arrive, and send them to both suppliers. Check whether your current tariff has exit fees if you plan to switch.
- Boiler and utilities: find out where the stopcock, fuse box and boiler controls are before the seller leaves, and ask for any manuals or service records.
- Removal company: get quotes early, check their insurance and only confirm the date once missives are concluded. Removal companies typically charge more for Friday moves and busy months.
- Broadband: check whether your provider can move your service and whether it will charge a fee.
- Tell people: update your postcode with your bank, mortgage provider, employer, HMRC, DVLA (both your licence and your vehicle log book), GP, dentist and insurers, and set up Royal Mail redirection.
- Electoral register: register to vote at your new address.
- If you are renting: give your landlord the correct notice. Private tenancies in Scotland follow different rules from England, so check your tenancy agreement.
- On moving day: keep valuables, documents, keys and a box of essentials with you, and unpack the kitchen and bedrooms first.
How much does it cost to move house in Scotland?
The total cost of moving house in Scotland depends on whether you are buying, selling or both, and the value of the property. The main costs to budget for are:
- Legal fees for your conveyancing, plus outlays such as registration dues and searches. At The Glasgow Law Practice, our conveyancing fees start from £695, and we give clear quotes with no hidden extras.
- LBTT, which depends on the price and whether you are a first-time buyer or buying an additional property.
- Estate agent fees if you are selling your home in Scotland, plus the cost of the Home Report.
- Removal costs, which vary with the size of your home, the distance and the time of year.
- Mortgage costs, such as arrangement fees and valuation fees, and any early repayment charges on your current mortgage.
Remember that VAT is charged on legal fees and estate agent fees, so check whether any quote you are given includes it. Your solicitor will send you a detailed statement before settlement showing exactly what you need to pay.
Frequently asked questions
Is moving to Scotland from England complicated?
It is not complicated, but it is different. The main things to plan for are instructing a Scottish solicitor early, reading the Home Report, understanding that your purchase becomes binding at conclusion of missives, and budgeting for LBTT rather than Stamp Duty. With a solicitor coordinating the Scottish side of the move, most buyers find the process clear.
Can an English solicitor handle my purchase in Scotland?
Generally, no. Property in Scotland is governed by Scots law, so you need a solicitor qualified in Scotland to handle the conveyancing on a Scottish property.
Do I need a survey if there is a Home Report?
Usually not. The Home Report already includes a survey and valuation by a chartered surveyor, which most mortgage lenders rely on. You can still commission a further inspection if you have specific concerns about the property.
When is a house sale legally binding in Scotland?
A sale becomes binding when missives are concluded. An accepted offer on its own is not a binding contract.
Is there leasehold in Scotland?
Standard residential property in Scotland, including flats, is usually owned outright. You will not pay ground rent, but you will normally share the cost of repairs to common parts, often through a property factor.
Talk to a property solicitor in Glasgow
Whether you are selling and moving within Glasgow, relocating from England or buying your first home, our property team can guide you through every stage of the Scottish process in plain English. Find out more about our conveyancing services, buying a property and selling a property, or contact us on 0141 552 9193 for a free, no-obligation quote.