FLK2 · Property Practice

Pre-completion & completion

SQE1 revision notes — the key rules, leading cases and common traps for this topic, in plain English and current to 2026.

PP.04 Pre-completion & Completion (FLK2)

Pre-completion steps (buyer's solicitor)

Pre-completion searches — must be done immediately before completion:

  • OS1 (whole) / OS2 (part) — official search of the registered title at HM Land Registry. Confers a priority period of 30 working days during which the buyer's application to register takes priority over later entries. Completion and registration must fall within this window.
  • K16 — bankruptcy-only search against the buyer/borrower (lender requires it; reveals bankruptcy petitions/orders affecting the borrower). Do not confuse with K15.
  • For unregistered land: K15 Land Charges full search against estate owners' full names for the period of their ownership (catches Class C/D/F charges, etc.).

Requisitions on title — final enquiries confirming completion arrangements, redemption figures, undertakings for discharge of seller's mortgage.

Engrossment & pre-completion — final form transfer (TR1) approved and executed; mortgage deed executed; completion statement agreed (purchase price, deposit credit, apportionments of e.g. service charge/ground rent).

Completion itself

  • SCS (Standard Conditions of Sale) govern residential; SCPC govern commercial. Completion is 2.00 pm on the contractual date unless varied; money received after 2pm is treated as received the next working day → triggers compensation/interest.
  • Late completion: SCS 7 — contract rate interest on the price; service of a notice to complete makes time of the essence, giving 10 working days to perform. Failure then allows the innocent party to rescind and forfeit/recover the deposit.
  • Completion usually by the Law Society Code for Completion by Post — buyer's solicitor sends funds; seller's solicitor holds documents to order, dates the transfer, accounts for keys, and gives undertakings to redeem the existing mortgage and forward the discharged charge (DS1 / END).

Post-completion (key deadlines — get these right)

  • SDLT: file the SDLT return and pay within 14 days of completion (residential nil-rate threshold £125,000). In Wales, LTT to the WRA. Registration cannot proceed without the SDLT certificate (SDLT5).
  • Registration at HMLR: apply within the OS1 priority period (30 working days). First registration of unregistered land must be applied for within 2 months of completion.

Common traps

  • Confusing OS1 priority (30 working days) with the SDLT 14-day deadline — distinct clocks.
  • 2pm rule and notice to complete = 10 working days (not calendar days), making time of the essence.
  • Bankruptcy search (K16) is against the buyer/borrower, not the seller — and is the bankruptcy-only form, distinct from the K15 full land charges search used in unregistered conveyancing.
  • Failing to obtain the seller's undertaking to discharge the existing mortgage before releasing funds.

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A woman is the treasurer of a small amateur football club. Members pay £20 each month in cash. Under the club rules she accepted on becoming treasurer, she must bank the subscriptions into the club's dedicated account within seven days. One month she receives £200 in subscriptions and spends the cash on her own gas bill that same day. She intends to replace the money from her wages before anyone notices, and pays an equivalent £200 into the club account two weeks later. Which statement best explains how section 5(3) of the Theft Act 1968 applies to the subscriptions when she pays the gas bill?

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More Property Practice topics

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Independent SQE1 revision notes for study — not legal advice; check primary sources before relying on any point. Exam rules are set by the SRA; see the official SQE site.

Pre-completion & completion — SQE1 revision notes (FLK2) | Lawdojo