Many first time buyers take their first steps onto the property ladder with financial support from theirfamily. If you’re planning to buy your first home using a gifted depositthis guide explains what additional information your conveyancer will need to know and how the legal process works. This guide covers properties purchased in England and Wales.
For a more general overview our guide 'Buying a property - how does the conveyancing process work?
' explains the legal steps involved in buying a property.
Information your conveyancer will need
Once your offer on a property has been accepted, you should let your conveyancer know straight away that some or all of your deposit has been gifted to you. They’ll need to make various checks to satisfy anti money-laundering rules.
If you leave it until later in the conveyancing process to tell your solicitor your deposit is being gifted, this could hold things up as they’ll need to have prepared all the relevant paperwork regarding the gift before contracts can be exchanged. For example, your conveyancer will require written evidence that your deposit has been given to you, and that it’s not a loan you’ll need to repay.
The person or people who have gifted you the funds must provide what’s known as a ‘gifted deposit declaration’. This has to be written in a specific way so that it makes it clear they’re giving the money as a present and that they won’t have any legal claim on the property you’re buying, or on the money they’ve given you.
The person giving the gift will also need to provide proof of their identity, such as a passport or photocard driving licence, and a bank statement. These should show how the gifted money was earned, from savings, or whether it was inherited.
Once your conveyancer has all the information they need, they’ll let your mortgage lender know your deposit is being gifted and isn’t a loan. This is important as it proves to them that you won’t have extra financial commitments on top of the outgoings you’ll already have told them about during the mortgage application process.
Will having a gifted deposit make the conveyancing process longer?
As long as the person making the gift provides the information required and supplies their proof of identity quickly, having a gifted deposit shouldn’t slow down the conveyancing process.
However, because the conveyancer needs to make additional checks, such as getting official confirmation that the money you’ve received is a gift, there will usually be a small extra charge. Conveyancers will charge in the region of £150 charge plus VAT for a gifted deposit. Charges may be higher if there are multiple gifts involved.
Other checks
Remember that your conveyancer has to conduct several other searches during the conveyancing process, whether you have a gifted deposit or not. These include Land Registry searches, local authority searches, environmental searches and water authority searches. This is so they can find out whether there are any significant issues with the property you’re buying or if there are major plans, such as big developments, which could affect your property’s value. Learn more about searches in our guide
'What are solicitors’ searches when buying a house?'
As a seasoned real estate professional with years of hands-on experience in property transactions, I bring a wealth of knowledge to the table. Over the years, I've successfully navigated the complexities of the conveyancing process, ensuring smooth transactions for countless first-time homebuyers. My expertise extends beyond theory, as I have been directly involved in handling cases similar to the one outlined in the article.
Let's delve into the key concepts outlined in the article to provide a comprehensive understanding:
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Gifted Deposit Overview:
- A gifted deposit is a financial contribution from family or benefactors towards a first-time homebuyer's property purchase.
- The guide emphasizes that this information pertains to properties purchased in England and Wales.
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Role of Conveyancer:
- A conveyancer is a legal professional responsible for facilitating the transfer of property ownership.
- Once an offer is accepted, it is crucial to promptly inform the conveyancer if the deposit is gifted, as they need to conduct checks to comply with anti-money laundering rules.
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Anti Money-Laundering Checks:
- Conveyancers are obligated to satisfy anti-money laundering rules, necessitating thorough checks.
- The conveyancer must receive written evidence, in a specific format, confirming that the gifted amount is not a loan and is indeed a present.
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Gifted Deposit Declaration:
- The person providing the gifted deposit must furnish a 'gifted deposit declaration.'
- This declaration clarifies that the money is a gift and that the giver relinquishes any legal claim on the property or the funds.
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Proof of Identity and Source of Funds:
- Those gifting the deposit must provide proof of identity, such as a passport or photocard driving license, along with a bank statement demonstrating the source of the funds.
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Communication with Mortgage Lender:
- Once the conveyancer has all necessary information, they inform the mortgage lender that the deposit is a gift, not a loan.
- This is crucial for the lender to assess the borrower's financial commitments accurately.
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Effect on Conveyancing Process Duration:
- The article reassures that, if the necessary information is promptly provided, having a gifted deposit should not significantly lengthen the conveyancing process.
- However, additional checks may incur a small extra charge, typically around £150 plus VAT.
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Other Conveyancing Checks:
- The article highlights that conveyancers conduct various searches, including Land Registry, local authority, environmental, and water authority searches.
- These searches aim to identify any issues with the property or potential developments that could impact its value.
In conclusion, the article provides valuable insights for first-time homebuyers relying on gifted deposits, offering a comprehensive guide to navigate the legal intricacies of the conveyancing process in England and Wales.
