The Quick Answer
It depends on the type of remortgage you’re doing. If you’re simply switching to a new deal with your current lender (known as a product transfer), you won’t need a solicitor at all. However, if you’re moving to a different lender, or making any changes to property ownership, then yes, you’ll need a solicitor or licensed conveyancer to handle the legal work.
The good news? Many lenders offer free legal packages as part of their remortgage deals, so it might not cost you a penny. Let’s break down exactly when you need legal help, when you don’t, and how the right solicitor can make your remortgage smooth and stress-free.
When You Don’t Need a Solicitor to Remortgage
Let’s start with the simplest scenario. If you’re staying with your existing lender and just switching to a new interest rate or mortgage product, sometimes called a product transfer, there’s no legal work required.
Why? Because nothing is changing in terms of property ownership or the lender’s legal charge over your home. Your lender already holds all the necessary documentation, and the Land Registry doesn’t need updating. It’s essentially an administrative change rather than a legal one.
In this case, you can often complete the switch online or over the phone directly with your lender. Quick, easy, and no solicitor fees to worry about.
When You Definitely Need a Solicitor
For most other remortgage scenarios, you’ll need a solicitor or licensed conveyancer. Here’s when legal help becomes essential:
Changing to a New Lender
This is the most common situation requiring a solicitor. When you switch lenders, your new mortgage provider needs legal assurance that your property is suitable security for the loan. A solicitor will verify that your title deeds are in order, check for any planning restrictions, and ensure there are no nasty surprises like environmental hazards or boundary disputes.
Your new lender simply won’t release the funds without this legal work being completed properly.
Leasehold Properties
If your home is leasehold (common with flats and some houses), the remortgage process involves additional legal complexity. Your solicitor will need to review the lease terms, verify ground rent and service charge arrangements, and confirm the remaining lease length meets your new lender’s requirements.
Most lenders have minimum lease length criteria, typically wanting at least 80-85 years remaining. If your lease is shorter, your solicitor can advise on your options.
Adding or Removing Someone from the Mortgage
Planning to add your partner to the mortgage? Or perhaps you’re removing an ex after a separation? This counts as a “transfer of equity” and requires legal work to amend the property deeds. Your solicitor will handle the documentation and ensure the Land Registry records are updated correctly.
Complex Property Situations
If there are any complications with your property, boundary disputes, missing documents, unusual restrictions, or shared ownership arrangements, you’ll need a solicitor’s expertise to navigate these issues and satisfy your new lender’s requirements.
What Does a Remortgage Solicitor Actually Do?
It’s easy to wonder what you’re actually paying for (or what that free legal package covers). Here’s what your solicitor handles during a remortgage:
Redemption statement – They’ll request a statement from your current lender showing exactly how much you owe and any early repayment charges.
Title checks – They verify that you legally own the property and that there are no problems with the title that could affect the new mortgage.
Property searches – Depending on your lender’s requirements, they may carry out searches or arrange indemnity insurance to cover any potential issues.
Mortgage deed – They’ll prepare and have you sign the new mortgage deed, which gives your new lender their legal charge over the property.
Completion and registration – On completion day, they’ll pay off your old mortgage, draw down funds from the new lender, and register everything correctly with the Land Registry.
The whole process typically takes 4-8 weeks from when you receive your mortgage offer, though straightforward cases can sometimes complete faster.
Can You Do It Without a Solicitor?
Technically, if you’re changing lenders, no, you can’t complete the remortgage without legal representation. Your new lender will insist on it because they need independent verification that the property is suitable security for their loan.
Even if you could somehow bypass this requirement, it wouldn’t be advisable. Here’s why:
The Risks of Going It Alone
Missed issues – Without proper legal checks, problems with your title or property could go unnoticed until they become expensive headaches down the line.
Delays and complications – Lenders have strict requirements. Without a solicitor ensuring everything meets their criteria, your application could stall or fall through entirely.
No protection – If something goes wrong, you’d have no professional indemnity insurance to fall back on. Solicitors carry this insurance specifically to protect clients if errors occur.
Invalid documentation – Legal documents need to be prepared correctly to be valid. DIY attempts often lead to rejected paperwork and frustrating delays.
The Benefits of Using a Solicitor
Peace of mind – Someone qualified is checking everything is in order and protecting your interests.
Lender confidence – Your new lender trusts that the legal work has been done properly, so funds are released without issues.
Problem solving – If complications arise (and they sometimes do), your solicitor has the expertise to find solutions and keep things moving.
Time savings – While you get on with life, your solicitor handles the paperwork, chases responses, and coordinates with all parties involved.
Free Legal Packages: What You Need to Know
Here’s some genuinely good news, many remortgage deals include a free legal package where the lender covers the solicitor’s costs. This is a significant saving, as remortgage conveyancing typically costs £300-£500 or more.
However, there are a few things to be aware of:
Panel restrictions – The solicitor must be on your lender’s approved panel. If you want to use a specific firm, check they’re panel members first.
Basic service – Free packages sometimes offer a more basic service. If your situation is complex, you might benefit from instructing your own solicitor who can give your case more attention.
Your choice matters – Even with a free package, you usually have some choice of solicitor. Don’t just accept whoever you’re assigned if you’d prefer someone local or with specific expertise.
If your lender doesn’t offer free legals, or you’d prefer to choose your own solicitor, you absolutely can, just make sure they’re on your lender’s panel to avoid complications.
Why Local Expertise Matters
When remortgaging property in areas like Windsor or London, working with solicitors who know the local property landscape can make a real difference. They’ll be familiar with common issues in the area, have established relationships with local agents and lenders, and can often resolve queries faster.
At Judge Law, our conveyancing team handles remortgages across Windsor, London, and Berkshire every day. We understand that remortgaging is often time-sensitive, perhaps you’re trying to lock in a good rate before it disappears, or your current deal is about to expire. That’s why we work efficiently to keep things on track while making sure nothing important gets missed.
Ready to Remortgage?
If you’re considering a remortgage and aren’t sure whether you need legal help, the answer is usually yes: unless you’re doing a straightforward product transfer with your current lender.
The process doesn’t have to be stressful. With the right solicitor on your side, you can focus on finding the best mortgage deal while we handle the legal details.
Got questions about remortgaging? Our friendly conveyancing team at Judge Law is here to help. Whether you’re switching lenders, releasing equity, or dealing with a more complex situation, we’ll guide you through every step with clear advice and no jargon.
Get in touch today for a no-obligation chat about your remortgage plans.
