Scottish Government advises house moves should be delayed if possible

On 31st March guidance published by the Scottish Government advised that, if at all possible, property moves should be delayed due to Coronavirus COVID-19 and concerns over public health and safety. This came after Registers of Scotland (ROS) suspended the application record the previous week.

While the Law Society of Scotland (LSS) and ROS have worked to allow interim measures to allow certain property transactions to settle, the clear advice is that those who are able to delay their move should.

What if a move can't be delayed?

If delaying the move is not an option, the Scottish Government advises that as long as you are able to complete the move safely (you and everyone in the move can maintain all the social distancing requirements – read the advice on social distancing at NHS Inform) and the property into which you are moving is empty or can also be safely vacated, you may do so.

Solicitors may therefore be able to complete a small minority of transactions but in the vast majority of cases, the date of entry should be postponed until after the social distancing measures have been lifted. In all circumstances, property buyers and sellers should speak to their solicitor about their transaction.

Anyone with symptoms, self-isolating or shielding from the virus, should not move house at the present time. The Scottish Government has advised that all parties should prioritise agreeing amicable arrangements to change move dates for households with individuals in this group.

Can offers still be accepted?

For those who already have a property on the market or who wish to purchase a property, offers can still be accepted. However, it is likely conveyancers may choose to delay concluding missives until the current social distancing measures have been lifted so the selling and buying process may take longer than usual.

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Speak to your solicitor for more information

Jill Andrew, Chair of the Edinburgh Conveyancers Forum, said: “Solicitors are working very hard at this time to support the residential property market and their clients throughout these difficult times consistent with the protection of the safety of all clients, the wider public and themselves and their staff. In all cases we recommend that clients speak with their solicitors to discuss the particular circumstances of their own transaction”

Paul Hilton, CEO of ESPC, said: “Protecting public health and safety is the most important concern at present. In line with advice from the Scottish Government, those who are able to postpone their moving date until after the current social distancing measures have been lifted should look to do so. In any cases where a delay is not possible, the guidance from the Scottish Government about completing the move safely should be adhered to.

“Property buyers and sellers who are concerned about their specific transaction should speak to their solicitor, who will be best placed to advise about the right course of action.”