About CQS Conveyancing

Skipton Building Society have made a number of recent changes to their P2 Handbook instructions. In answer to the question ‘Does the lender have any specific instructions about building safety?’ the new instructions are as follows: ‘Our Offer has been made on the basis that the building is of a construction type (i.e. traditional masonry) such that there are no fire risks identified which relate to the provisions of the Building Safety Act 2022, Or, i. An EWS1 certificate has been provided with an A1, A2 or B1 rating confirming no remediation works are required; or ii. A Fire Risk Appraisal of External Walls in accordance with PAS 9980 (FRAEW) has confirmed that no remediation is required; or iii. An EWS1 certificate has been provided with an A3 or B2 rating but our understanding is that there is a costed and funded* remediation scheme and plan in place (*with funding from the government or from the owner/developer) However, if you are made aware at any stage during th...

  Nationwide Building Society conveyancing panel lawyers should note that the lender has recently updated their CHAPS fee as follows: • For any products reserved on or before 28th November 2023 a CHAPS fee of £20 will be deductible from the loan amount • For any products reserved on the 29th November 2023, no CHAPS fee will be applied. • For any products reserved on or after 30th November 2023 a CHAPS fee of £15 will be deductible from the loan amount. If you are uncertain about the applicable CHAPS fee, consult the Mortgage Offer for clarification

Does a CQS badge mean that your firm conducts ‘Quality’ conveyancing? Here are some questions worth answering everyone in the conveyancing team… Do the team care enough to do great conveyancing? Can your lawyers actually agree on what ‘quality’ conveyancing looks like? When the legal world changes – and it will – do you actually have a process to redefine quality conveyancing? Do you have the tools you need to reach your goals? How could you create a system where ‘quality’ conveyancing is easier to do?

To assist solicitors in upholding their Conveyancing Quality Scheme (CQS) accreditations, Access Legal, a prominent legal technology provider authorised by The Law Society, has introduced updated courses aligned with the 2023 – 2024 syllabus. To uphold their CQS accreditations, firms need to complete the necessary courses within the specified timeframes mandated by the Law Society. The recently introduced Update courses on Risk and Compliance, Client Care, and Conveyancing Practice aim to equip legal practitioners with insights into the implications of the Building Safety Act 2022, reforms in home buying and selling, climate change guidelines, and advancements in digital conveyancing. Brian Rogers, Access Legal’s regulatory director said: “Our CQS training package offers great value with added extras this year, educating professionals further on how to use technologies to provide the best client experience. Our training will assist firms in maintaining this business-critical ac...

Not all CQS Client Care policy templates contain ‘Pledges’. This may be due to the fact that such a policy is internal. I came across a policy to review last week that contained the following assurances: As a CQS accredited firm we will: Provide conveyancing services in a welcoming and comfortable setting. Provide flexible appointment schedules. Establish the expected level of service with clients beforehand. Advocate for clients’ best interests. Maintain a professional demeanor at all times. Demonstrate respect and courtesy in all interactions. Ensure fair treatment of all clients. Communicate openly and honestly. Offer clear and comprehensible legal guidance to clients. Draft letters to clients using plain English and clarify any legal terminology or references. Ensure that clients comprehend the implications of their actions (including the potential for success or loss) and the anticipated costs involved. Maintain confidentiality...

A recent article in the Australian press ( found here ) seems to be equally relevant to the UK conveyancing market. Are referral fees unethical businesses or an important marketing tool? Real estate agents receiving fees for referring conveyancers could create conflicts of interest, one legal expert said. The Queensland Law Society’s senior counsel on ethics Shane Budden believes the issue has grown to the point where many real estate agents won’t recommend a solicitor for conveyancing work without getting paid. “The feedback from [QLS] members is that a lot of real estate agents are now basically demanding a referral fee,” he said. “I think there’s some risk involved [for] the real estate agents … because, really, they should only be referring a matter because they feel that the lawyer is great.”

A firm’s CQS Dealing with Lender Policy must specifically address the issue of confidentiality. Upon reviewing a recent audit, I came across the following policy language: “It is imperative to give special attention to the duty of confidentiality when the Firm is representing both a borrower and a lender simultaneously. The Firm must thoroughly consider the implications if there are any changes in the purchase price or if it becomes aware of any other information that the lender would reasonably consider important in determining whether or on what terms to provide the mortgage advance. In such circumstances, the duty to act in the best interests of the lender necessitates the transmission of such information to the lender with the consent of the borrower. If the buyer does not consent to the information being shared with the lender, a conflict* arises between the Firm’s duty of confidentiality to the borrower client and the duty to act in the best interests of the lender. In such ...

At first instance the latest HMLR dealing with lender policy seems like a helpful initiative. Don’t be fooled though. There is a sting in the tail. HM Land Registry has recently initiated the provision of direct access to application data for lenders. This access allows them to view the status of all mortgage security registration applications by entering their unique reference, also known as an ‘MD’ reference, into the system. Mike Harlow, deputy chief executive and director of customer and strategy at HM Land Registry, emphasized, “Lenders are keen to ensure that their mortgages are duly registered or in the process of being registered. This new direct service provides a comprehensive overview of the mortgage registration progress.” “Now they do not have to chase conveyancers unless something is genuinely at risk. This should save the industry millions of pounds a year and give time back to conveyancers.” The pilot includes ten conveyancing panels, which collectivel...

Firms accredited with the Law Society conveyancing mark must adhere to strict guidelines, including the implementation of a comprehensive CQS Risk Management Policy and the maintenance of a detailed risk register. It is considered best practice for the risk register to be categorised into strategic, financial, operational, compliance, and breaches (both material and non-material), with all relevant information being captured accordingly. Furthermore, accredited firms are obligated to conduct an annual review of their CQS Risk Management Policy to ensure its ongoing effectiveness. Additionally, the reporting facility within the modules allows firms to conduct timely risk analyses and take necessary actions as required. Lexcel-accredited firms will understand the importance of an overarching Risk Register, while others, such as CQS firms may have limited familiarity with its function. Keep in mind that using a CQS Risk Management Policy template marks just the initial phase of ...

MPowered Mortgages are the latest lender to update there P2 policy relating to leasehold. In a change to 5.14.9 the lender’s new requirements states: “If the proposed security is a new, qualifying long residential leasehold property, covered by the obligations laid down in the Leasehold Reform (Ground Rents) Act 2022 you must check: that the ground rent is no more than “one peppercorn per year” or “peppercorn rent”; and that there are adequate provisions for repairs, maintenance, insurance etc. and an adequate maintenance charge. If the proposed security is not a new, qualifying long residential leasehold property within scope of the Leasehold Reform (Ground Rents) Act 2022: Peppercorn or low ground rents are acceptable. In respect of RPI linked Ground rents: Ground rent is indexed to RPI no more frequently than every 5 years. Ground rent up to 0.1% of the current market value is acceptable. If the ground rent is over £250 (or £1,000 in London) or will en...

Each firm accredited by CQS is obligated to develop its own business continuity plan (BCP) to guarantee seamless service provision to conveyancing clients. The challenges brought about by the Covid-19 would have rigorously tested previous plans. It is imperative to reevaluate the firm’s business continuity plan in light of the unique challenges faced by each practice. It is crucial not to simply buy a CQS business continuity plan template (BCP) without bespoke customisation. The plan must accurately reflect your operations, risks, and resources. Taking an active role in crafting the BCP is essential, as CQS will hold the firm’s SRO accountable. Details from your Professional Indemnity Insurance application, such as the ratio, mix, and balance of key personnel, should be integrated into your BCP. It should go beyond outlining actions in case of office destruction and serve as a comprehensive reflection of your operational dynamics. Considering the increasing prevalence of ransom...

The 2022 version of the CQS Core Practice Management Standards (CPMS) mandates that CQS firms establish a policy addressing client care (s6.1). So what does a CQS Client Care Policy Include? As will all policies, the CQS Client Care Policy will need to be drafted or adapted based on the specific approach that your firm takes towards client care. There are multiple services offering a pre-designed and customisable CQS Client Care Policy that lets the SRO or policy owner adjust the document. One CQS Client Care Policy template that I came across recently contains the following table of content: Purpose and objectives of the Client Care Policy Competence and client acceptance Conveyancing quotations Confidentiality Dress and demeanour Commitment Responsiveness and managing expectations Courtesy Reasonable adjustments for vulnerable clients Referring client to third parties Updated Ts & Cs – s.8.3 SRA Code of Conduct

The Conveyancing Quality Scheme (CQS) is the recognised quality standard for SRA-regulated firms in residential conveyancing. It sets out the standards of competence, risk management, and client service levels expected of practices. An essential element of the CQS Core Practice Management Standard is the anti-bribery policy. This policy must clearly articulate the firm’s dedication to combating bribery and corruption, customised to address the firm’s unique risk factors. When crafting a CQS Anti-Bribery Policy , you may wish to take into account the following considerations: Risk assessment : The anti-bribery policy should include a formal process for assessing the vulnerability of each of the firm’s business lines to bribery and corruption on an ongoing basis. Procedures : The policy should outline the procedures that the firm has in place to prevent bribery and corruption, including due diligence procedures for third-party relationships, gifts and hospitality, and facili...

As a lawyer you could be forgiven for thinking that money laundering regulations are evolving every day. It is crucial for CQS accredited firms to diligently uphold their AML Policies controls and Procedures. This involves ensuring that all documentation is kept up to date in line with regulatory changes to optimise full compliance. Everyone in the conveyancing profession, including its regulators, must ensure that AML processes are robust. The SRA and CLC will face even greater scrutiny to review compliance among firms regularly and apply pressure through its Thematic Review regime. If you are a CQS accredited firm are prepared for a review of your AML policy? Have you conducted, or had an external Independent AML Audit? Is your AMLPolicies, Controls and Procedures in good order? Do you, and more importantly, your staff know your AML risks? When it comes to a CQS AML Policy it will need to be reviewed and updated. Below are some examples of some some of the sections a...

CQS accredited firms must implement all required modifications to their firm’s policies, controls, and procedures (PCPs). It is essential to provide comprehensive training to staff regarding these changes, clearly documenting the effective date and the potential assessment regime in place, especially in anticipation of the CQS renewal. The adjustments to the Core Practice Management Standard (CPMS) were officially published in February 2022 and became effective as of 1st May 2022. It is imperative for firms to thoroughly examine and assess the adequacy of their current PCPs ,as well as to evaluate the level of awareness displayed by their staff regarding the PCPs. Well crafted policies can elevate a conveyancing department’s risk mitigation strategies and enhance overall working practices. The following sample CQS Policy Templates are at your disposal for consideration and adaptation to align with your firm’s specific requirements: CQS Policy Template for Stamp Duty Lan...

In light of the recent changes to the CQS Core Practice Management Standards (CPMS) , it is imperative for CQS-affiliated firms to establish a comprehensive policy pertaining to Stamp Duty Land Tax, as stipulated in section 5.15. This adjustment underscores the importance of compliance with regulatory requirements. CQS compliance consultants strongly advise firms to review and implement the necessary measures to align with the updated standards. Attention should be given to the formulation and implementation of a robust policy addressing Stamp Duty Land Tax Firms updating their CQS Stamp Duty Land Tax Policy may wish to include the following elements: (1) Develop a robust system for documenting and tracing the calculation process of SDLT. (2) Establish clear procedures for maintaining a comprehensive audit trail that outlines the rationale behind SDLT advice provided to clients. (3) Scrutinise the consideration amount specified in the sale contract and transfer deed as well as...

In the event of your firm undergoes a CQS audit, it may result in three potential outcomes in accordance with the updated Core Practice Management framework: (1) Manifestation of complete adherence to CQS standards. (2) Identification of minor non-compliance issues, with a stipulated 21-day period provided for rectification. (3) Discovery of major non-compliance issues, accompanied by a grace period of three months for corrective measures. Conducted by a CQS assessor, the assessment meticulously examines 40 distinct evaluation criteria spread across the Core Practice Standards . It is crucial to acknowledge that the CPMS does not dictate specific technologies or processes; instead, it highlights how compliance with the assessment requirements can be validated.

Section 6.4 of the 2022 Conveyancing Quality Scheme (CQS) Core Practice Management Standards (CPMS) requires CQS-accredited law firms to have a Dealing with Lenders Policy in place. However, it has been brought to my attention that SROs face challenges in formulating this particular CQS policy. A meticulously formulated CQS Dealing with Lenders Policy , should accurately reflect the lender compliance procedures executed by fee earners on matters where a lender is also a client. The policy should include a procedure to ensure UK Finance Handbook is checked by a fee earner to ascertain the lender’s standard instructions (P1), as well as those specific to a transaction (P2). The policy should specify the need for verification that all of those requirements have been satisfied, prior to exchange and recording on the file that the check has been carried out. CQS members are expected to have had a Dealing with Lenders Policy from 1st May 2022 onwards.

The largest chapter in the new CQS Standards is section five, and it is appropriately so since it addresses risk management. This aspect significantly influences all other parts of the Standards by mandating firms to maintain a compliance plan and a risk register as well as a comprehensive Risk Management Policy. Ensuring effective risk management requires a CQS firm to establish clearly defined roles and responsibilities for handling risks. Additionally, it is crucial to communicate risk-related information to all conveyancing staff when deemed appropriate. Furthermore, a mandatory requirement is to designate a named supervisor with the requisite experience and competence to oversee legal services and those involved in delivering them under CQS. The drafting of a CQS Risk Management Policy should not be a significant burden for Lexcel accredited firms as those practices must have a risk management policy – including a compliance plan, a risk register, defined risk management r...

The Law Society CQS Team holds the responsibility of making decisions regarding practice assessments, actively and reactively selecting which practices will undergo an audit. The selection process may involve random choices or be based on data indicating a need for engagement. During the annual reaccreditation application process, practices submit extensive information to the Law Society. Utilising this data, the Law Society can proactively or reactively profile practices, determining areas that require attention. Once a selection is made, the senior responsible officer (SRO) of the firm is notified by email. Practices must remain vigilant in monitoring this email, as the Law Society does not participate in spamming activities. Emails from the Law Society usually contain crucial information about current developments or serve as notifications for an upcoming onsite evaluation. The email contains detailed information about the upcoming assessment, including the timing, interviewees, p...