Selling at auction is straightforward, but it takes some preparation to get the best price. The auctioneer handles the marketing and viewings. The auction legal pack is a separate job, usually prepared by your solicitor, though some auctioneers will arrange it for you.
When selling a property at auction, preparation of the auction legal pack is key to ensuring a successful sale.
This article explains what an auction legal pack is, who's responsible for preparing it as well as providing estimates for the costs and timescales involved. This article is designed for property sellers but if you're considering buying at auction you might find it useful too.
What is an auction legal pack?
In one sentence: An auction legal pack gives potential buyers the key legal information about your property before the auction, helping them feel informed and confident about bidding on the day.
When you sell a property through an estate agent by private treaty, the buyer usually arranges and pays for their own searches and legal enquiries.
At auction, that approach would be impractical. There may be 20 or more people interested in buying the same property. If each of them had to order the same searches and documents, they would all be paying for and waiting for identical information, even though only one person will eventually buy the property.
Instead, the seller arranges the legal information once and makes it available to everyone who is considering bidding.
Once instructed, your solicitor will prepare the auction legal pack. The auctioneer will then publish the pack on their website, giving prospective buyers and their solicitors the opportunity to review the information before the auction.
It is important to have a complete legal pack available as early as possible, giving buyers enough time to properly understand the property, raise any questions and make an informed decision when bidding.
From a buyer's point of view, uncertainty can be more concerning than a known issue. If a problem is clearly explained, they can consider it and decide how it affects what they are prepared to pay. Missing or incomplete information, on the other hand, can make buyers more cautious and may discourage them from bidding.
A full and complete auction legal pack allows buyers to bid with confidence.
The legal pack is the contract, not just background reading
This is an important point that sellers can easily overlook. The legal pack is not simply information for buyers. It contains the legal terms on which your property will be sold, including the general conditions of sale and the special conditions of sale.
With an unconditional auction, the sale becomes legally binding when the hammer falls. This is one of the main reasons sellers choose auction, as it gives greater certainty that the sale will proceed.
For sellers, this provides valuable peace of mind. The buyer cannot simply come back after the auction and try to renegotiate the price.
It also means that the contents of the legal pack matter. The terms in the pack are the terms on which your property is sold, so it is important to make sure everything is correct.
An auction sale generally works on the principle of caveat emptor, or buyer beware. It is the buyer's responsibility to investigate the property and review the legal pack before bidding. Under the RICS Common Auction Conditions, the buyer is treated as having full knowledge of the legal documents, whether or not they have actually read them.
For sellers, this is one reason why a clear and complete legal pack is so important. If a known issue is properly disclosed, buyers can understand it and take it into account when deciding what to bid. Missing or unclear information, on the other hand, can create uncertainty and may make buyers more cautious.
A complete legal pack can also help buyers bid with greater confidence. Known issues are not necessarily a problem. If buyers have the information they need, they can understand the issue, take advice and decide what they are prepared to pay.
It is missing information that can create uncertainty. Buyers are often more comfortable with a problem they can understand and assess than with something they know little about.
If there is a known issue with your property, providing the relevant documents and information in the legal pack gives buyers the opportunity to consider it properly and factor it into their bidding. Reducing uncertainty gives buyers more confidence to bid on the day.
Who prepares the auction legal pack?
The auction legal pack is normally prepared by the seller's solicitor. This keeps the legal work in one place and helps make sure the documents and conditions of sale are prepared correctly.
Even experienced auction sellers, such as property traders and asset managers, will usually rely on their solicitor to deal with the legal pack. We take the same approach with our own auction sales and recommend that sellers do the same.
That does not mean your solicitor can prepare everything without your input. You will still need to provide information about the property, complete certain forms and answer any questions your solicitor has.
It is therefore useful to understand what goes into an auction legal pack, what information you will need to provide and the costs you are likely to face. Being prepared can help your solicitor get the pack ready sooner and avoid unnecessary delays before the auction.
Three parties are involved, and it helps to be clear on which one does what.
Who does what - putting the legal pack together
| Who | What they are responsible for |
|---|---|
| You, the seller | Completing the property information form and the fittings and contents form, digging out certificates, guarantees, and any tenancy paperwork (if applicable), requesting the management pack on a leasehold flat, and answering your solicitor's questions promptly. |
| Your solicitor | Downloading the Land Registry documents, ordering the searches, drafting the special conditions of sale, assembling the pack and sending it to the auctioneer. |
| The auctioneer | Instructing your solicitor, supplying the general conditions of sale, publishing the pack on their website, sending it to interested buyers and announcing any addendum (late changes to the legal pack) on auction day. |
The cost of preparing the legal pack is separate from the auctioneer's commission. Some auctioneers can arrange the pack on a no sale, no fee basis, so there is nothing to pay upfront and nothing to pay if the property does not sell. If it does sell, the cost will usually be deducted from the sale proceeds. The auctioneer should explain this clearly before you proceed.
Choosing a solicitor for an auction sale
Any conveyancing solicitor can prepare an auction legal pack, but auction sales work to strict deadlines and not every firm is set up to work at that speed. Before you instruct a solicitor, ask these four questions:
- Have you prepared auction legal packs before? Experience matters mostly for the special conditions, which is where an inexperienced firm tends to be slow or overly cautious.
- Can you have the pack ready by the auctioneer's deadline? Get the date in writing. A firm quoting six weeks for a routine freehold is not the right firm for a sale four weeks away.
- What will it cost, all in? Ask for a quote that separates the cost of compiling the pack from the cost of the sale itself.
- Will you deal with the auctioneer directly? Most auctioneers have a portal for uploading the pack and answering buyers' legal enquiries in the run-up to auction day.
If you don't have a solicitor, the auctioneer selling your property will usually be able to recommend one who does auction work regularly. Alternatively, you can search the Law Society directory to find a solicitor.
What's included in the auction legal pack?
The documents included in an auction legal pack will depend on the property being sold. For most registered properties, the starting point is the title register and title plan held by HM Land Registry.
Your solicitor can obtain official copies of these documents and include them in the legal pack. The current fee is £7 for each official copy.
A property's title is its legal ownership. The title register is HM Land Registry's official record of that ownership, and the title plan shows the boundaries of the land it covers.
The title register is one of the most important documents in the pack. It shows who owns the property and sets out any matters that affect the title. These might include:
- mortgages or other charges
- restrictive covenants
- rights of way
- other rights or obligations affecting the property
The register may also refer to a separate deed or document containing more detailed information. If HM Land Registry holds a copy, your solicitor can usually obtain it and include it in the legal pack where relevant.
The title plan shows the general extent of the registered property, usually outlined in red. It is important to remember that this normally shows the general boundaries only, rather than the exact legal position of each boundary.
What if you've lost the deeds, the lease or the paperwork?
This is a common worry, particularly with inherited properties where paperwork may have been lost over the years. The good news is that, for most sellers, missing deeds or other documents will not prevent the property from being sold.
Title, meaning the legal ownership of a property, used to be proved by a bundle of paper deeds. For registered property it is now recorded electronically by HM Land Registry. So if your property is registered, you do not normally need the original paper title deeds to prove that you own it. HM Land Registry holds the official record of ownership, and your solicitor can obtain the title register, title plan and any other documents it has on file. HM Land Registry's own guidance on where your title deeds are and whether you need them explains the position in full.
It is still worth keeping any old deeds you have, as they can sometimes contain useful information that is not shown in full on the register. But if you cannot find them, do not assume there is a problem.
For a leasehold property, a missing lease can often be dealt with in much the same way. HM Land Registry will usually hold a copy of a registered lease, which your solicitor can request. If a copy is not available, your solicitor may also be able to obtain one from the freeholder or managing agent.
Our guide to selling a flat with a lost or missing lease explains what happens in the less straightforward cases.
The position is different if the property is unregistered. This is more likely with an older property that has not been sold or mortgaged for many years. In that situation there is no registered title to rely on, so the original deeds are much more important.
If the deeds are available, your solicitor can use them to establish the property's ownership and prepare the documents needed for the sale.
If the property is unregistered and the deeds have also been lost, things become more complicated, but there is still a process for dealing with it. Your solicitor will usually need to reconstruct the history of the title and make an application for first registration with HM Land Registry, supported by evidence explaining the ownership of the property and what happened to the missing deeds.
HM Land Registry may grant possessory title rather than absolute title where the missing deeds mean ownership cannot be established beyond doubt. Each case is considered on its own evidence, so this is something your solicitor will need to advise you on.
First registration can take time. HM Land Registry currently completes around half of first registration applications within about eight months and almost all within about 12 months. If a delay is putting a property sale at risk, your solicitor can ask HM Land Registry to expedite the application.
So, if you know the property is unregistered or important deeds are missing, tell your solicitor as early as possible. The sooner they know, the sooner they can work out what is needed and avoid unnecessary delays to the auction.
What forms will you need to complete?
Your solicitor will usually ask you to complete some forms about the property. For a residential sale, these may include:
- Property Information Form (TA6). The main questionnaire about the property. It covers boundaries, disputes with neighbours, notices, alterations and planning permissions, guarantees and warranties, services, flooding and rights of way.
- Fittings and Contents Form (TA10). A room by room list of what is included in the sale and what you are taking with you, from carpets, curtains and light fittings to white goods and garden items.
- Leasehold Information Form (TA7). You will need this one if you are selling a flat, or any other leasehold property. It covers the service charge and ground rent, the freeholder and managing agent, buildings insurance, planned major works and how the building is managed day to day.
Your solicitor will send you the forms you need and explain what information to provide.
Most of the questions are about things you are likely to know, or can find from your records, such as boundaries, alterations, disputes, services and what is included in the sale.
Sometimes a seller simply does not know all the answers. This is particularly common with inherited or probate properties, where an executor may never have lived at the property and may know very little about its history.
If that applies to you, do not guess. Tell your solicitor what you do and do not know. The forms allow for information to be recorded as "not known" where appropriate, and your solicitor can advise you on the best way to deal with any questions you cannot answer.
For an inherited property, it can also be helpful for the legal pack to make the circumstances of the sale clear. For example, including the grant of probate or other relevant documents can help buyers understand why the seller may have limited knowledge of the property.
The important thing is to be open about what is known and what is not. This gives buyers a clearer picture of the property and helps avoid unnecessary questions or uncertainty before the auction.
Searches
Searches give buyers important information about the property and the local area around it, such as planning, roads, drainage and flood risk. The searches needed will depend on the type and location of the property, and your solicitor will advise you which ones should be included in the legal pack.
Local authority search
The local authority search provides information held by the local council that may affect the property. This can include planning matters, building regulations, highways, local land charges and certain proposals affecting the property.
Your solicitor can obtain the search directly from the council or through a specialist search provider. The cost varies depending on the council and the type of search requested, but typically falls between £75 and £310.
Having the search available before the auction gives buyers more information to work with. If an important search is missing, buyers may have unanswered questions and could be more cautious about bidding.
Drainage and water search
Another common search is the drainage and water search, often known as the CON29DW.
This provides information about the property's water and drainage arrangements, including whether it is connected to mains water and the public sewer, and information about water and sewerage pipes serving or affecting the property. It usually costs between £45 and £100.
Environmental search
An environmental search may also be included. Depending on the search used, it can provide information about matters such as contaminated land, flooding, ground stability and radon. An environmental search normally costs between £50 and £100.
This helps buyers identify environmental issues that may need further investigation before they bid.
Other searches
Some properties need additional searches because of where they are located. Your solicitor will know which are relevant, but examples can include:
- coal mining searches in former coalfield areas
- other mining searches in areas with a history of tin, clay or other mining
- chancel repair searches where historic church repair liability may be relevant
- brine, limestone or gypsum searches in areas affected by historic extraction
- infrastructure searches where major transport or development projects may affect the property
Not every property will need all of these. Your solicitor should advise you which searches are appropriate. Where one is needed, an area search of this kind usually costs between £30 and £70.
Energy Performance Certificate
For most properties, the legal pack will also include an Energy Performance Certificate (EPC).
If the property does not already have a valid EPC, one must normally be commissioned before the property is marketed, at a cost of around £50 to £120 for an average house or flat. An EPC is valid for 10 years, so you may already have one if the property has been sold, rented or assessed during that period.
You can check whether your property already has a valid EPC using the government's Find an energy certificate service.
General conditions of sale
Every auction sale is governed by conditions setting out how the auction and the sale will work.
Many auctioneers in England and Wales use the RICS Common Auction Conditions, although some auction houses use their own conditions. The current RICS Common Auction Conditions are the 5th edition.
These conditions cover important parts of the transaction, including the deposit, completion and the responsibilities of the buyer and seller.
Under the RICS Common Auction Conditions, the deposit is normally 10% of the purchase price, subject to any minimum deposit stated by the auctioneer. If the special conditions do not specify a different completion date, completion is due 20 business days after the contract date.
Special conditions of sale
Your solicitor will also prepare the special conditions of sale for your particular property.
These sit alongside the general conditions and deal with anything specific to your sale. They will normally identify the property and the seller's solicitor, and can set out any special arrangements or changes that apply to the lot.
For example, the special conditions might deal with:
- a longer or shorter completion period
- a different deposit requirement
- an existing tenancy
- VAT on a commercial property
- certain costs that the buyer will be required to pay
- rights, restrictions or other arrangements specific to the property
The special conditions are particularly important because they can change how the standard conditions apply to your property. Buyers and their solicitors will therefore pay close attention to them before the auction.
If you intend to ask the buyer to contribute towards any of your auction or legal costs, this should be agreed with your solicitor and auctioneer at an early stage. RICS guidance says additional charges should be made clear to buyers from the outset and included in the special conditions of sale.
Our guide to passing your sale costs to the buyer explains how this works in practice.
Certificates, guarantees and indemnity policies
If you have certificates, guarantees or warranties relating to work carried out at the property, it is worth giving them to your solicitor.
These documents are not usually essential to an auction legal pack, but they can help answer buyers' questions and give them greater confidence about the property.
Useful documents might include:
- Building regulations certificates and planning approvals for extensions, loft conversions or structural alterations.
- FENSA or CERTASS certificates for replacement windows and doors.
- Electrical certificates for electrical work carried out at the property.
- Guarantees and warranties for work such as damp proofing, timber treatment, underpinning, roofing, cavity wall insulation or a replacement boiler.
- NHBC or other structural warranties for newer properties.
- Existing indemnity policies relating to the property.
Do not worry if you cannot find every certificate or guarantee. Tell your solicitor what work has been carried out and what paperwork you have. They can advise whether anything further is needed.
In some cases, where a document or consent is missing, your solicitor may recommend an indemnity insurance policy. This can provide protection against a particular legal risk, but it is not suitable in every situation. It is important to speak to your solicitor before contacting a council, freeholder or other third party about the missing document, as doing so can sometimes affect whether indemnity insurance is available.
Other documents, depending on the property
There are other documents that need to be included in the auction legal pack, depending on the type of property you are selling.
Tenanted properties
If you are selling a property with tenants in place, the legal pack should include as much information about the tenancy as possible.
Most importantly, buyers will want to see the tenancy agreement or other written record of the tenancy terms. This helps them understand who the tenants are, how much rent is being paid and the terms of the tenancy they will be taking over when they buy the property.
For properties in England, the Renters' Rights Act 2025 changed the rules from 1 May 2026. Most existing assured shorthold tenancies became assured periodic tenancies, and new assured tenancies are now periodic rather than being granted for a fixed term.
The Act also introduced new requirements for written tenancy information. For a new tenancy created on or after 1 May 2026, the landlord must give the tenant certain key terms in writing before the tenancy is agreed. This information can be included in a written tenancy agreement or provided separately.
For tenancies that were already in place before 1 May 2026, the position depends on the paperwork:
- If there was already a written tenancy agreement or other written record of the terms, the landlord did not need to replace it, but generally had to give the tenant the government's Renters' Rights Act Information Sheet 2026 by 31 May 2026.
- If the tenancy was entirely verbal, the landlord generally had to provide the required written information about the tenancy terms by 31 May 2026.
If you are selling a tenanted property, give your solicitor the tenancy paperwork you have, together with any evidence that these requirements have been dealt with.
You should also provide any other relevant landlord and tenancy documents, which may include:
- deposit protection information
- gas safety records
- electrical safety reports
- the EPC
- any licences required for the property
- rent statements or a rent schedule
- notices or important correspondence relating to the tenancy
If you cannot find the original tenancy agreement, tell your solicitor as early as possible. This does not necessarily prevent you from selling the property at auction, but buyers may be more cautious if they cannot clearly establish the terms of the tenancy they are taking over.
Where paperwork is incomplete, other evidence can sometimes help. Bank statements, rent statements or a rent book, for example, may help demonstrate the rent being received and the history of payments.
The more clearly the legal pack explains the tenancy and the landlord's position, the easier it is for a buyer to understand what they are taking on and bid with confidence.
Our guide to selling a tenanted property covers the sale process in more detail.
Leasehold properties and the management pack
If you are selling a leasehold property, buyers will need additional information about the lease and how the building or development is managed.
Your solicitor may ask you to complete a TA7 Leasehold Information Form and will usually need a management information pack, often referred to as an LPE1 pack.
The management pack is normally obtained from the freeholder, managing agent or management company. It provides important information about the property and the building, which may include:
- current and previous service charges
- any ground rent payable
- details of any outstanding payments
- buildings insurance
- planned major works and Section 20 notices
- information about the freeholder and managing agent
- relevant fire safety or other building information
- fees or requirements that apply when the property changes hands
This information helps buyers understand the ongoing costs and responsibilities that come with owning the leasehold property.
Management packs can take several weeks to arrive, so it is a good idea to request yours as soon as you decide to sell. Waiting until close to the auction could delay the legal pack and give buyers less time to review the information before bidding.
Either you or your solicitor may be able to request the pack, depending on the freeholder or managing agent. If you need to contact them yourself, their details can often be found on your latest service charge or ground rent statement.
There is normally a charge for providing the management pack, and the amount varies considerably between freeholders and managing agents. It is usually between £200 and £500, and sometimes more, so it is worth checking the cost and expected turnaround time when you request it.
If you have difficulty obtaining the information, the Leasehold Advisory Service provides free guidance for leaseholders.
Short leases and the Section 42 notice
If you are selling a property with a short lease, you may hear about serving a Section 42 notice before the sale. This is the formal notice used to start the statutory lease extension process.
In the past, sellers were often advised to serve the notice before selling and then transfer the benefit of it to the buyer. This was mainly because a new owner had to wait two years before they could start a statutory lease extension themselves.
That changed on 31 January 2025, when the two-year ownership requirement was removed under the Leasehold and Freehold Reform Act 2024. A buyer can now start the statutory lease extension process as soon as they become the owner, so for many sellers there is no longer the same reason to serve a Section 42 notice before selling.
There are still situations where serving a notice before the auction may be worth considering.
One of the most important is where the lease has just over 80 years remaining. Under the current rules, marriage value becomes payable if the lease has 80 years or less remaining when the Section 42 notice is served. The date of the notice also fixes the valuation date used for the lease extension. Serving the notice before the lease reaches 80 years can therefore make a significant difference to the eventual cost of extending it.
If the lease is already below 80 years, marriage value will already apply under the current rules. Even then, having the lease extension process underway may make the property more attractive to some buyers, although whether it is worthwhile will depend on the circumstances.
Starting a statutory lease extension involves legal and valuation work, so it should not be done simply as a matter of course. It may also take longer than your auction timetable allows.
If you are selling a property with a short lease, speak to a solicitor and valuer who specialise in lease extensions before deciding whether to serve a Section 42 notice. They can advise whether doing so is likely to make the property easier to sell or improve its value.
Our guide to selling a short lease flat explains the options in more detail.
Properties with planning permission
Properties with development potential can attract strong interest at auction. If your property has planning permission, make sure your solicitor has all the relevant planning documents so they can be included in the legal pack.
These may include:
- the planning decision notice
- approved plans and drawings
- any conditions attached to the permission
- documents showing that planning conditions have been discharged, where relevant
Planning permission will usually be subject to a time limit. In England, development normally needs to begin within three years unless the permission states otherwise.
If the planning permission has expired, it can still be worth including the documents. Although the buyer may need to make a new planning application, the previous permission shows what the local authority was prepared to approve at that time. This can help buyers assess the property's development potential, although there is no guarantee that the same scheme would be approved again.
Providing the full planning history gives prospective buyers a clearer picture of what may be possible and can help them make a more informed decision before bidding.
Inherited and probate properties
If you are selling an inherited or probate property, the legal pack should include the document that proves the executors or administrators have authority to sell. This will usually be the grant of probate or letters of administration.
Our general advice is to have the grant in place before booking the property into auction. An auction sale is legally binding, so it is important to know that the estate is in a position to complete the sale before the property is offered.
If probate has not yet been granted, it is usually better to wait before entering the property into an auction. Delays in obtaining the grant could otherwise hold up completion after the auction.
Our guides on selling a probate property and selling before probate is granted explain the process in more detail.
If the property is being sold by someone acting under a power of attorney, your solicitor will also need the relevant power of attorney documentation.
Extra documents by property type
The main documents in an auction legal pack are similar for most properties. Depending on the type of property you are selling, you may also need to include some additional documents.
The table below shows the extra information buyers will usually expect to see for different types of property.
Additional legal pack documents by property type
| Property type | What buyers will look for |
|---|---|
| Tenanted property | Tenancy agreement, gas safety certificate, EICR, deposit protection certificate, How to Rent guide, rent statements or rent book, any notices already served, and the licence for a licensed HMO. |
| Leasehold flat | The lease and any deeds of variation, the TA7 leasehold information form, the management information pack (LPE1), service charge accounts, buildings insurance schedule, fire safety and compliance documents, and notice of any planned section 20 major works. |
| Short lease flat | Everything above, plus any section 42 notice already served and the freeholder's counter notice, or a lease extension valuation where one has been obtained. |
| Flat with cladding or building safety issues | EWS1 form where one exists, the building safety case or remediation correspondence, and any leaseholder deed of certificate under the Building Safety Act. |
| Probate or inherited property | Grant of probate or letters of administration, the death certificate where relevant, and an explanation in place of the property information forms where the executors have no personal knowledge of the property. |
| Structural, subsidence or damp issues | If available: engineer's or specialist reports, underpinning certificates and guarantees, insurance claim history, and any monitoring records. |
| Japanese knotweed | If available: the specialist survey, the treatment plan and any insurance-backed guarantee that can be passed to the buyer. |
| Non-standard construction | If available: a PRC repair certificate, structural engineer's report or licensed repair scheme documentation. |
| Land, plots and garages | Title plan with boundaries clearly marked, evidence of access rights, any planning history, and confirmation of services to the plot. |
| Commercial and mixed use | Commercial leases and rent deposit deeds, the VAT position on the sale, asbestos survey, fire risk assessment and the commercial EPC. |
| Unregistered property | The original title deeds and an epitome of title prepared by your solicitor, plus any statutory declaration or statement of truth on possession or boundaries. |
You do not need to have every document listed above before you can sell at auction. Some documents may never have existed, and others may have been lost over time. That does not necessarily prevent the property from being sold.
For example, you may not have a knotweed survey, an engineer's report or guarantees for previous work. If those documents do not exist, the important thing is to be clear about that.
Buyers are usually more comfortable when they understand the position. An unexplained gap can create uncertainty, whereas a clear explanation helps them assess the property properly.
As a general rule, if you have a document that a careful buyer would reasonably want to see before bidding, it is worth giving it to your solicitor so it can be considered for inclusion in the legal pack.
What's not included in the auction legal pack
The auction legal pack is for the legal documents a buyer needs to review before bidding. It does not need to include surveys, marketing material or other information that sits outside the legal side of the sale.
Some of the things sellers commonly ask about are:
- A survey. This is normally the buyer's responsibility. If a buyer wants a survey, they need to arrange it and review the results before they bid. Our costs page explains who pays for the survey in more detail.
- Marketing material and photographs. The property description, floorplan and photographs are prepared by the auctioneer and shown separately from the legal pack.
- A valuation or the reserve price. The reserve price is agreed between you and the auctioneer and is kept confidential. It is not included in the legal pack and is different from the guide price. Our page on auction reserve prices explains the difference.
- Your mortgage redemption figure. Your solicitor will need this to repay the mortgage when the sale completes, but it is private information between you, your lender and your solicitor. It is not included in the legal pack.
Cost of the auction legal pack
The cost of preparing an auction legal pack varies depending on the property and the documents needed.
For a freehold property, the total is often around £200 to £500. Leasehold properties are usually more expensive, often around £500 to £1,000, because the management pack from the freeholder or managing agent adds an extra cost.
Two things tend to have the biggest effect on the final price: the cost of the local authority search and, for leasehold properties, the management pack.
The table below shows the typical cost of each item and how long it usually takes to obtain.
Typical auction legal pack costs and turnaround times
| Item | Who obtains it | Cost | Wait |
|---|---|---|---|
| Title register and title plan | Your solicitor | £7 per document | Same day |
| Local authority search | Solicitor or search agent | £75 to £310 | 2 days to 12 weeks+ |
| Drainage and water search | Solicitor or search agent | £45 to £100 | 3 to 10 working days |
| Environmental search | Solicitor or search agent | £50 to £100 | 1 to 2 days |
| Coal mining or other area search | Solicitor, if area applies | £30 to £70 | 1 to 3 days |
| Energy Performance Certificate | You or the auctioneer | £50 to £120 | 2 to 5 days |
| Management pack (leasehold only) | You, from the managing agent | £200 to £500, sometimes more | 1 to 4 weeks |
| Indemnity policy, if needed | Your solicitor | £20 to £300 | Same day |
| Solicitor's fee for compiling the pack | Your solicitor | £150 to £400 + VAT | n/a |
Search fees are disbursements, so your solicitor passes them on at cost. VAT applies to your solicitor's own fee. Figures are typical UK ranges as at August 2026 and are a guide only, so always ask your solicitor for a written quote.
Four things worth knowing about the cost
The figures above are not always the whole story. Depending on your circumstances, you may pay less than expected, recover part of the cost from the buyer, or not have to pay anything until the property sells.
You may not need to start from scratch
If you have already tried to sell through an estate agent and the sale fell through, your solicitor may be able to reuse some of the legal documents they prepared. That can reduce the cost of putting the auction legal pack together.
Searches are usually the main exception. In a private treaty sale, these are normally ordered by the buyer, so they may still need to be obtained for the auction.
Our guide to what to do when a house sale has fallen through explains the wider position.
You may be able to recover some of the cost from the buyer
Your solicitor can include a clause in the special conditions requiring the buyer to contribute towards certain legal or auction costs.
If you are considering this, it is best to agree the wording before the legal pack is published so buyers can see the charge clearly before they bid.
Some auctioneers offer legal packs with no upfront payment
In these cases, the cost is paid later, often from the sale proceeds if the property sells.
Make sure you understand exactly when the fee becomes payable and what happens if the property does not sell.
You may be able to reuse the pack if the property does not sell
If your property does not reach its reserve, much of the legal pack can usually be used again for a later auction.
As a general guide, property searches are often treated as current for up to six months, although this can vary depending on the type of search, the buyer's solicitor and any lender involved. If the pack is older than this, some searches or other time-sensitive documents may need to be updated or ordered again.
So, if you re-enter the property into auction within a few months, you may be able to reuse most of the existing pack rather than paying to prepare everything again. Our guide to what happens if your house doesn't sell at auction explains the options.
For a full breakdown of auction selling costs, including commission and entry fees, see our guide to costs for selling at auction.
How long does it take to prepare an auction legal pack?
For a straightforward freehold property, an auction legal pack can often be prepared in around 1 to 3 weeks. The main thing that can hold it up is the local authority search.
The government expects local authorities to return searches within 10 working days, but actual turnaround times vary considerably from one council to another.
Some searches come back within a few days, while others can take several weeks or longer. As a recent example, Bracknell Forest Council reported in July 2026 that it was working through a backlog with an approximate turnaround time of three months, despite its normal service standard being 10 working days.
Why do search times vary?
There are several reasons why a local authority search might take longer than expected.
How busy the council is. When property sales increase, councils receive more search requests. If the team cannot process them as quickly as they arrive, a backlog can build up.
Staffing levels. Local land charges teams can be relatively small, so staff shortages or absences can have a noticeable effect on turnaround times.
IT problems. Searches depend on councils being able to access their planning, highways and land charges records. System failures or cyber attacks can cause serious delays. For example, a cyber attack affecting shared systems at Westminster, Kensington and Chelsea and Hammersmith and Fulham in November 2025 disrupted local land charge and planning services.
For this reason, it is worth asking your solicitor what the current search turnaround time is for your local authority as soon as you decide to sell.
What if the council search is taking too long?
A long council delay does not necessarily mean you have to postpone the auction. Speak to your solicitor, as there may be alternatives.
One option is a personal search. Instead of waiting for the council to compile the full search, a specialist search company obtains the relevant information from the available records and produces its own report.
If a personal search is used, it is sensible to use a provider that subscribes to the Search Code. Firms registered under the Code must meet minimum standards and carry appropriate insurance.
A personal search may be perfectly acceptable to a buyer, but buyers using a mortgage need to check their lender's requirements. The UK Finance Mortgage Lenders' Handbook specifically says that lenders can set their own rules on whether they accept personal searches.
Another possibility is search insurance. Your solicitor may suggest this where a search has been ordered but will not arrive in time, or in some circumstances where a search cannot be obtained.
Search insurance provides financial protection against certain problems that might later be revealed by a search. It is important to understand that it does not provide the information that the search itself would have provided.
Again, mortgage lenders have their own rules. Some accept search insurance and others do not, so your solicitor will need to consider this if a buyer is relying on finance.
Whichever approach is used, the legal pack should make it clear to buyers what type of search or insurance has been provided.
How long does a leasehold legal pack take?
Leasehold properties often take longer. The main cause of delay is usually the management pack, which has to be obtained from the freeholder, managing agent or management company. You may also see it called the management information pack, the managing agent's pack or an LPE1 pack.
Turnaround times for a management pack vary considerably. Some freeholders and managing agents provide the information within two to three weeks, while others take longer. For example, current published timescales from several London councils range from around 10 to 20 working days.
As a general guide, it is sensible to allow around 3 to 6 weeks for a leasehold legal pack, and potentially longer if the management information is slow to arrive.
The best way to avoid delays is to request the management pack as soon as you decide to sell, rather than waiting until the property is close to the auction date. If it has not arrived within the stated turnaround time, chase the freeholder or managing agent and keep your solicitor informed.
The legal pack timeline, counting back from auction day
Every sale is different, but the timeline below shows how the legal pack might fit around a typical auction when everything is organised in good time.
It is not a minimum timetable. Some properties can be prepared much more quickly, while leasehold properties or properties with more complicated legal issues may take longer. Our guide to how long it takes to sell a house at auction explains the wider timetable.
- 5 to 6 weeks before the auctionYou decide to sell and instruct your auctioneer and solicitor. It is best to get both working at the same time rather than waiting for one before instructing the other.
- 4 to 5 weeks beforeYour solicitor obtains the Land Registry documents, orders the searches and starts preparing the legal pack. You provide any documents you already have and complete the forms your solicitor needs.
If the property is leasehold, request the management information pack as early as possible.
- 3 to 4 weeks beforeMarketing and viewings are underway. Prospective buyers may already be asking to see the legal pack, so the sooner it can be made available, the better.
- Around 2 weeks beforeFor a straightforward sale, the searches and other documents may now be available. Your solicitor can finalise the special conditions and send the completed legal pack to the auctioneer to publish.
Some searches and leasehold management packs take longer, so this stage may happen earlier or later.
- At least 1 week beforeIdeally, buyers and their solicitors now have time to read the legal pack, take advice, ask questions and arrange their finances before deciding whether to bid.
- In the final daysIf an important document is added or something changes, the legal pack will need to be updated. Buyers should be made aware of any late changes before the auction.
- Auction dayFor an unconditional auction, the successful bidder enters into a legally binding contract when the hammer falls. The deposit is paid and the sale moves towards completion.
- After the auctionThe completion date will be set out in the conditions of sale. Under the RICS Common Auction Conditions, completion is normally 20 business days after the auction, unless the special conditions specify a different date. This is often roughly four weeks, which is why auction sales are commonly described as completing in around 28 days.
The most important part of this timeline is the period between the legal pack being published and auction day.
Buyers need enough time to read the documents, take legal advice and decide how much they are prepared to bid. Making the pack available a week or more before the auction gives them a reasonable opportunity to do this.
If the pack is only published a day or two before the auction, buyers may not have enough time to carry out their checks. Some may still bid, but others may decide the uncertainty is too great and stay out of the bidding altogether.
So, while a legal pack can sometimes be prepared quickly, getting it ready early is usually better for the sale.
Your first real sign of buyer interest
One of the most useful things to watch in the run-up to auction day is how many people are requesting or downloading the legal pack.
Buyers will usually need to register their details before they can access it. If the pack is not yet available, they may also be able to register their interest and receive a notification when it is published.
This gives the auctioneer an early indication of how much serious interest the property is attracting, and they should keep you updated as the auction approaches.
For a seller, legal pack activity is particularly useful because it shows that buyers are doing more than simply viewing the advert. They are taking the next step and looking into the property in more detail.
There is no fixed number that guarantees a successful auction. The level of interest you would expect will depend on the property, guide price, location and type of buyer it is likely to attract. However, a growing number of legal pack downloads is generally an encouraging sign, particularly if it is accompanied by viewings, enquiries and bidder registrations.
As a rough guide, one or two requests can feel disappointing. Five to ten suggests a healthy level of interest, while 20 or more can be very encouraging and may point towards competitive bidding on auction day. These numbers are more modest than some sellers expect, but they are realistic. It only takes two determined buyers to push a price well above the reserve.
The numbers are useful when interest is lower than expected too. If only a small number of buyers have requested the pack and the auction is getting close, speak to your auctioneer. They can look at the overall level of interest and decide whether anything needs to change, such as the marketing or reserve price.
And if plenty of buyers are waiting for a legal pack that has still not been published, chase your solicitor. Interested buyers need time to read the documents and take advice, so you do not want a delay with the legal pack to slow down their interest in the property.
What can slow a legal pack down?
A legal pack can sometimes be prepared quickly, but a few common issues can cause delays:
- The local authority search. Turnaround times vary considerably between councils. Some searches come back within a few days, while others can take several weeks or longer.
- The managing agent or freeholder. For leasehold properties, waiting for the management information pack is one of the most common causes of delay and is largely outside your solicitor's control.
- A missing lease or missing deeds. Copies can often be obtained, but finding or replacing missing documents can add time. See our guide to selling a flat with a lost or missing lease.
- An unregistered property. If the property is not registered with HM Land Registry, your solicitor will need to establish the title from the original deeds. This involves more work and can take longer than preparing a pack for a registered property.
- Waiting for probate. For an inherited property, our advice is to have the grant of probate or letters of administration in place before booking into auction. This avoids the risk of reaching auction day without the legal authority needed to complete the sale.
- Waiting for information from you. Your solicitor cannot finish the pack until they have the forms, documents and answers they need. Returning paperwork promptly is one of the simplest ways to keep the sale moving.
The best way to avoid delays is to instruct your solicitor early, provide everything you have straight away and respond quickly if they need any further information.
Find out more about auction reserve prices and why they're so important!
Seller's legal pack checklist
One of the easiest ways to speed up preparation of the legal pack is to gather together any useful property documents you already have before instructing your solicitor.
Not everything below will apply to your property, so do not worry if some items are missing.
- The file from when you bought the property. This can be a useful starting point and may contain title documents, old searches, guarantees, certificates and other useful paperwork.
- Your lease, if the property is leasehold, together with any deeds of variation. If you own a share of the freehold, include the share certificate if you have it.
- Service charge and ground rent paperwork, including contact details for the freeholder, managing agent or management company.
- Tenancy paperwork, if the property is let. This may include the tenancy agreement, deposit protection information, gas safety records, electrical safety reports and rent records.
- Planning and building regulations documents for any extensions, alterations or other works. This may include planning approvals, building regulations certificates and drawings.
- Certificates and guarantees for work carried out at the property, such as replacement windows, electrical work, a new boiler, damp treatment, roofing, underpinning or a new-build warranty such as NHBC.
- Any indemnity insurance policies relating to the property.
- Probate or power of attorney documents, where relevant. For an inherited property, this may include the grant of probate or letters of administration.
- Your EPC. You can check whether the property already has a valid Energy Performance Certificate using the government's Find an energy certificate service. An EPC is normally valid for 10 years.
Your solicitor will also need some information that does not go into the legal pack itself:
- Your mortgage details, if there is a mortgage on the property. Your solicitor will need the lender's details and mortgage account information so they can repay the loan when the sale completes.
- Identification for each seller. Your solicitor will need to verify your identity before they can act for you and will explain what documents or checks are required.
If you cannot find everything on the list, do not worry. Missing paperwork is common, especially with properties that have been owned for many years or are being sold following a death.
Give your solicitor everything you do have and tell them what is missing. They can then work out what needs replacing, what can be obtained from somewhere else and what can be dealt with in another way.
What if the auction legal pack is not ready in time for the auction?
A property can sometimes be marketed before the legal pack is complete, but each auctioneer will have their own rules about what must be available before auction day.
Some auctioneers will allow a sale to proceed while one or two documents or searches are still outstanding. Others set a deadline by which the legal pack must be substantially complete and may withdraw the property if important documents are still missing.
The key question is what is missing.
If you are waiting for a search or another document that does not affect the seller's ability to sell the property, it may still be possible to proceed. Your solicitor and auctioneer can advise whether the missing information is likely to concern buyers.
If an important document is missing, such as the title documents, lease or special conditions of sale, it may be better to move the property to a later auction. Buyers need enough information to understand what they are buying and the terms on which they are buying it.
A complete pack also gives buyers more time to take legal advice and bid with confidence, so getting the pack ready early is always preferable.
Adding documents late: the addendum
It is quite common for documents to be added or information to be updated after the legal pack has first been published.
This is normally dealt with through an addendum, which records an amendment or addition to the auction information. An addendum may be published on the auctioneer's website, sent to registered buyers or announced before the property is offered for sale. Under the RICS Common Auction Conditions, it can form part of the conditions of the sale.
Adding a search that has only just become available is usually very different from changing an important term of the sale at the last minute.
For example, a late change to the completion date or an additional cost that the buyer must pay could affect a bidder's decision about whether to proceed and how much they are prepared to bid.
RICS guidance says that material changes to the legal documents should be brought to interested buyers' attention as soon as reasonably possible. It also says that additional charges should be made clear from the start of marketing where possible.
So, if you want an unusual completion period, a contribution towards your costs or any other special term, agree it with your solicitor early and include it in the pack from the outset wherever possible.
An incomplete legal pack does not usually stop a property selling. It stops it selling for what it is worth. Bidders price uncertainty in, and they price it in generously in their own favour.
How long is the auction legal pack valid for?
An auction legal pack does not have a fixed expiry date. However, six months is a useful general rule, mainly because of the searches included in the pack.
Under the UK Finance Mortgage Lenders' Handbook, searches generally need to be no more than six months old at completion where the buyer is using a mortgage. So, if your property does not sell and you enter it into another auction a few weeks or a month later, you can usually reuse most of the existing legal pack.
Different documents stay current for different lengths of time:
- Energy Performance Certificate (EPC): 10 years. An EPC normally remains valid for 10 years, so it is unlikely to need replacing between auctions.
- Property searches: around 6 months. Six months is a sensible working limit. If the searches are older than this by the time the next sale completes, the buyer's solicitor or lender may require them to be updated or replaced.
- Leasehold management information: often 3 to 6 months. There is no fixed legal expiry date for a management pack, but the information can quickly become out of date. Service charges, arrears, insurance and planned major works can all change, so an older pack may need to be refreshed.
If you are putting the property back into auction within a few weeks, you will usually be able to reuse most, if not all, of the existing pack. Your solicitor can check whether anything needs updating before it is published again.
So, while an auction legal pack does not technically "expire" after six months, six months is a useful point at which to expect some of the information to need checking or refreshing.
Common legal pack mistakes to avoid
Nearly every problem we see with legal packs falls into one of these six. All of them are avoidable, and all of them cost the seller money on auction day.
Mistake 1
Leaving everything to the last minute
This is one of the easiest mistakes to make. Once your auction date is booked, it can feel as though the hard work is done and that your auctioneer and solicitor will take care of everything from there.
Your solicitor will handle the legal work and prepare the auction legal pack, while the auctioneer will manage the auction process and marketing. But both will still need information and documents from you. You may need to complete forms, provide certificates and guarantees, and supply any other paperwork they request.
If you are slow to provide something, the legal pack can be delayed. That may leave buyers with very little time to review it before auction day.
Mistake 2
Saving money by leaving out a search
Leaving out a search to save a relatively small amount can be a false economy. Buyers want as much certainty as possible before they bid, and a missing search can leave unanswered questions about the property.
Rather than assuming everything is fine, some buyers may allow for the worst and reduce what they are prepared to bid, while others may decide not to bid at all.
Compared with the value of the property and the potential cost of losing bidders, searches are usually a small part of preparing a strong legal pack.
Mistake 3
Guessing on the property information form
If you do not know the answer to a question, do not guess. Say that you do not know and, where helpful, explain why.
For example, if the property has been inherited and the executors have never lived there, make that clear on the form. An honest "not known" is far better than giving an answer that later turns out to be wrong.
Guessing can create unnecessary problems and, in some cases, could leave the seller facing a misrepresentation claim.
Mistake 4
Hoping a known problem will not come up
If you know about a problem with the property, do not try to ignore it. This could be a boundary dispute, a shared drive without a formal right of way, an extension without the correct approvals, or outstanding service charges.
Auction buyers are often comfortable with properties that have problems, as long as they understand what they are taking on. What is more likely to put them off is uncertainty, or the feeling that something important is being withheld.
Being open about known issues gives buyers the chance to assess the risk properly and bid with confidence.
Mistake 5
Selling a flat without the management pack
For a leasehold flat, the management pack is a crucial part of the legal paperwork. It can show buyers the level of service charges, whether any money is outstanding and whether major works are planned or expected.
Without this information, buyers may be left unsure about the ongoing costs and potential liabilities that come with the property. That uncertainty can make them cautious about bidding.
If the management pack is unlikely to be ready in time for buyers to review it properly, it may be better to postpone the sale to the next auction rather than go ahead with an incomplete pack.
Mistake 6
Changing the terms at the last minute
Avoid making important changes to the sale terms just before the auction. Adding extra buyer costs, shortening the completion period or changing the deposit at the last minute can unsettle bidders who have already reviewed the legal pack and prepared to bid.
Agree the special conditions before the legal pack is published and, wherever possible, keep them unchanged. Buyers are more likely to bid confidently when they know exactly what they are committing to.
Buying at auction: how to read a legal pack
This page is written for sellers, but a good many of our readers are looking at a legal pack from the other side. The most important thing to understand as a buyer is that at an unconditional auction there is no cooling-off period, no "subject to contract" and no renegotiation. When the hammer falls you have exchanged, your 10% deposit is committed, and you are bound to buy on the terms in that pack.
Have the pack reviewed by a solicitor before you bid. A legal pack review typically costs somewhere around £400 to £500 plus VAT for a freehold house, and more for a leasehold flat where the lease and management pack also need reading. Expedited reviews cost more again. Set against the money at stake, and against the cost of a mistake you cannot undo, it is not a place to economise.
The points worth checking, roughly in the order a solicitor will look at them:
- The special conditions, first. This is where the surprises live: a buyer's premium or administration fee, a contribution towards the seller's legal and auction costs, a shortened completion period, a non-standard deposit, or VAT payable on top of the price on a commercial lot.
- The title register. Check for restrictive covenants, rights of way over the property, missing legal access to it, and any charge or restriction that has to be dealt with on completion.
- The title plan. Make sure the red line matches what you saw at the viewing, particularly the garden, parking and any outbuildings.
- The searches. Check they exist, that they relate to the correct address, and how old they are. Missing searches are a risk you are accepting, not one the seller carries.
- The lease, on a flat. Unexpired term, ground rent and any escalation clause, service charge history and arrears, and notice of section 20 major works, which can run to five figures. If the lease is under 80 years, factor in a lease extension. See our page on short lease flats for what that involves.
- The tenancy, on a let property. Whether it is an assured shorthold or a regulated tenancy, the rent actually being paid, arrears, whether the deposit is protected, and what the Renters' Rights Act changes mean for your plans.
- What is missing. Ask the auctioneer. A document that has simply not been uploaded yet is a very different thing from one that does not exist.
- The addendum. Check it on the morning of the auction and listen to the announcements before bidding. A pack you reviewed a week ago may not be the pack you are bidding on.
If you are considering buying and want to talk something through, you are welcome to contact us, although we cannot review a legal pack for you or give legal advice on one. That is a job for a solicitor.
Legal packs and the modern method of auction
There are two types of auction sale, and the legal pack works differently in each.
At an unconditional auction, the traditional method and the one we recommend, the legal pack is the contract. Contracts exchange at the fall of the hammer, the buyer pays a 10% deposit and completion follows within about 28 days. Every buyer therefore has to read the pack, and have it reviewed, before they bid.
At a conditional auction, often marketed as the modern method of auction, the winning bidder does not exchange contracts on the day. They pay a non-refundable reservation fee, which is commonly around 4.5% of the price subject to a minimum, and then get roughly 28 days to exchange and a further 28 days to complete. The legal pack still exists, but a good deal of the legal work happens after the "sale", and the buyer can still walk away, losing the reservation fee but leaving the seller back at square one with weeks lost.
For a seller, that difference matters more than anything in the pack itself. Our guides on unconditional versus conditional auction and the modern method of auction set out the full comparison.
Where the government's reforms fit in
The government has set out plans to require sellers to provide detailed upfront information, including searches, title and tenure details, at the start of a sale rather than after a buyer is found. It is worth noticing that this is essentially a description of an auction legal pack. Auction has worked this way for decades. Our article on the home buying and selling reforms looks at what is proposed and why the profession is pushing back on parts of it.
Auction legal pack FAQs
There is no law that says a legal pack must exist, although an EPC is a legal requirement whenever a property is marketed for sale. In practice the auctioneer's terms of business will require a pack, and no experienced buyer will bid on a lot without one. A property offered with little or no legal pack attracts fewer bidders and a lower price.
There is nothing stopping you gathering the documents yourself, and plenty of sellers do dig out their own certificates and guarantees. The special conditions of sale are a different matter, since they form the contract, and those should be drafted by your solicitor. We sell our own properties at auction and still ask a solicitor to compile the pack.
The seller, and it is normally payable before auction day. Many sellers recover some or all of it through a clause in the special conditions requiring the buyer to pay a contribution towards the seller's legal and auction costs on completion. Some auctioneers will also arrange the pack with nothing to pay upfront, settling it from the sale proceeds.
In most cases, yes. If the property is registered with HM Land Registry, you usually do not need the original paper deeds to sell it. Your solicitor can obtain the title register and title plan from HM Land Registry instead.
The same often applies if you cannot find the original lease. If HM Land Registry holds a copy, your solicitor can obtain it as part of preparing the legal pack.
It becomes more complicated if the property is unregistered and the original deeds have been lost. Your solicitor may need to apply for first registration and provide evidence of your ownership, which can include a statement of truth or other supporting evidence. If you think this applies to you, tell your solicitor as early as possible.
Council land charges teams are small and staffed for an average workload, so turnaround tracks how busy the market is. When transaction volumes rise the queue lengthens, and when the market is quiet the same team clears the backlog and searches come back quickly. Staffing levels and IT problems are the other two factors. Several councils have been unable to produce searches at all after cyber attacks, including Hackney in 2020 and Westminster, Kensington and Chelsea and Hammersmith and Fulham in November 2025.
Yes. A cash buyer has no lender insisting on searches, but they still want to know what the council has planned nearby and whether the property floods. More to the point, you do not know in advance who will be bidding, and a pack without searches rules out anyone buying with a mortgage or bridging finance. Fewer bidders means a lower price.
Yes. Documents are often added right up to auction day, and any change made after publication is issued as an addendum. The auctioneer announces material addenda from the rostrum before bidding opens. Late changes are permitted but not ideal, since bidders who have already worked out their maximum bid may discount or withdraw if the terms move at the last minute.
At an unconditional auction the buyer is deemed to have read the pack and takes the property subject to what is in it, so a gap in the pack becomes the buyer's risk and is usually priced in as a lower bid. A seller who actively misrepresents the position is in a very different situation and can face a claim, which is why the safe approach is always to disclose openly rather than leave something out.
Yes, and the pack is usually the reason a pre-auction sale is possible at all. A buyer who wants to secure a lot before the auction still exchanges on auction terms, so the documents have to be there for them to review. See selling your home before auction day.
No. The reserve is confidential between you and the auctioneer and does not appear anywhere in the pack. The guide price shown in the catalogue is a separate, published figure and is not the same thing. Our page on auction reserve prices explains how the two work together.
Next steps - request an auction sale estimate
Before you spend money preparing a legal pack, it is worth finding out whether auction is the right way to sell your property.
We can assess how suitable your property is for auction, what it is likely to achieve and whether an auction sale fits your circumstances, including your timescales and what you need from the sale. Our estimate is free and there is no obligation to proceed.
We are also happy to answer questions about auction legal packs, although we do not prepare them ourselves. This is something your solicitor will need to arrange.
If you do not already have a solicitor, the auctioneer handling your sale may be able to recommend one. Alternatively, you can find a solicitor through the Law Society website.
If you are considering selling your property at auction, call us on 0800 862 0206.