Published 2026-06-16 · Updated 2026-06-16 · By BelowHammer

    Auction legal pack explained: what to check before you bid

    The legal pack is the single most important document set in a UK property auction. When the hammer falls you are legally bound — there is no conveyancing window to discover problems, no buyer's protection if it turns out the title is defective or the special conditions add tens of thousands to your cost. This guide walks through what's in a legal pack, the traps to look for, and how to brief your solicitor efficiently.

    What's inside a typical pack

    • Title register and title plan from HM Land Registry — confirms ownership, charges, restrictions, easements.
    • Searches — local authority, drainage and water, environmental, sometimes chancel and coal.
    • Special conditions of sale — modifications to the standard Common Auction Conditions.
    • Leases and tenancy agreements for tenanted lots or leasehold flats.
    • EPC — energy performance certificate.
    • Planning history and building regulations certificates where relevant.
    • Management pack for leasehold properties — service charge accounts, ground rent, sinking fund.

    Title register: the seven-minute scan

    Check the proprietor matches the seller. Look at the charges register for unsatisfied mortgages, charging orders, equitable charges, and matrimonial home rights — all must be released on completion or your money goes nowhere. Restrictions (e.g. consent of a third party required to register a sale) can stop you registering ownership even after you've paid. The property register confirms title number, address, and any rights granted or reserved.

    Special conditions: where the cost lives

    The standard expectation is that buyer pays buyer's costs, seller pays seller's. Auction special conditions routinely flip this. The most common cost-shifters in 2026 packs:

    • Buyer's premium of 1–3% + VAT payable to the auctioneer on the fall of the hammer.
    • Buyer reimburses seller's legal fees (£1,000–£2,500).
    • Buyer reimburses search pack cost (£250–£500).
    • Indemnity insurance premium charged to buyer in lieu of missing planning consent or building regulations.
    • Overage clauses requiring a percentage payment to the seller if you later obtain planning permission.
    • Restrictive covenants that limit use, alterations or further development.

    Searches: read the highlights, not the whole document

    Your solicitor will flag anything material. Focus on: planning enforcement notices, road schemes affecting the property, listed building or conservation area status, contaminated land entries, radon and flood risk, public footpaths crossing the title, and unadopted roads. None are automatically deal-breakers — they need to be priced into your bid.

    Leasehold lots: extra layers

    For leasehold flats, also check: years left on the lease (under 80 years is a flag, under 70 years a problem for mortgageability and triggers marriage value on extension), ground rent (anything escalating faster than RPI or doubling can make the property unmortgageable), service charge arrears (you inherit them), and major works notices (Section 20 notices for upcoming works can land a five-figure bill on the new owner within months of completion).

    Briefing your solicitor efficiently

    Pick a solicitor with auction experience — turnaround needs to be 48–72 hours, not 2 weeks. Send the legal pack as soon as it's available, your maximum bid, your intended use of the property (live in, let, refurb to flip), and your finance route. Ask for a one-page summary with red/amber/green ratings on title, searches, special conditions and (if leasehold) lease terms. Budget £300–£600 per lot reviewed.

    Frequently asked questions