Buying a home in Scotland works differently from the rest of the UK. Scotland has its own legal system, its own property tax and its own way of making offers. The good news is that once an offer is accepted and missives are concluded, the deal is binding — so there is far less risk of gazumping late in the process.
Key takeaways
- Many properties are marketed at “offers over” a set price, and may sell above it.
- The seller must provide a Home Report, including a survey, before marketing.
- You note interest and make offers through a solicitor, not directly with the agent.
- Popular homes may go to a closing date, where sealed offers are submitted by a deadline.
- The deal becomes binding at conclusion of missives. You pay LBTT, not Stamp Duty.
How properties are priced
In Scotland you’ll see several types of asking price:
- Offers over — the most common. The seller wants at least this amount, and in busy markets homes often sell above it. See offers over.
- Fixed price — the seller will accept the first offer at that price that meets their conditions.
- Offers around or offers in the region of — the seller is open to offers close to the figure.
Look at recent sale prices in the area and the valuation in the Home Report to judge what a property might really sell for.
The Home Report
Before a home can be marketed, the seller must commission a Home Report. It’s usually available from the estate agent’s website or on request. It has three parts.
Single Survey
A chartered surveyor inspects the property and rates its condition across categories such as roof, walls, windows and services. Each element is rated 1 (no immediate action), 2 (repairs needed in the future) or 3 (urgent repairs). The Single Survey also includes a valuation and an accessibility audit.
Energy Report
This contains the property’s Energy Performance Certificate and suggestions for improving energy efficiency.
Property Questionnaire
Completed by the seller, this covers things like council tax band, parking, alterations, factoring (shared maintenance) charges and any known issues.
Many lenders will base their decision on the Home Report valuation, though some will instruct their own. If you want more detail than the Single Survey provides, you can commission your own survey — see our surveys explained guide.
Step by step
1. Budget and get a mortgage agreement in principle
Work out what you can afford using our affordability calculator and mortgage calculator. Get a mortgage agreement in principle before you start offering, as you’ll often need to move quickly.
2. Choose a solicitor early
In Scotland your solicitor is involved from the start, not just once an offer is accepted. Many Scottish solicitors also act as estate agents. Appoint one before you find the right property.
3. Note interest
When you see a property you like, ask your solicitor to formally note interest with the selling agent. This means you’ll be told if a closing date is set, so you don’t miss the chance to offer. Noting interest isn’t an offer and doesn’t commit you to anything.
4. Closing dates
If several buyers note interest, the seller may set a closing date — a deadline by which all offers must be submitted, usually in writing through solicitors. It works like a sealed bid: you normally get one chance to make your best offer.
The seller doesn’t have to accept the highest offer. They may prefer a buyer with a better date of entry or fewer conditions.
5. Making an offer
Your solicitor makes the offer in a formal letter. It sets out the price, your proposed date of entry (the day you’ll get the keys and pay the price), and any conditions, such as the sale being subject to survey or mortgage.
If there’s no closing date, the seller can accept your offer at any time.
6. Missives
Once your offer is accepted in principle, the solicitors exchange a series of formal letters called missives. These negotiate and settle the detailed terms of the contract.
When all terms are agreed, the missives are concluded. At that point a binding contract exists. If either side pulls out after conclusion of missives, they can face significant financial penalties.
Because of this, you should have your mortgage offer and any survey sorted before missives conclude.
7. Date of entry
On the date of entry, your solicitor transfers the purchase money to the seller’s solicitor and you receive the keys. It’s the Scottish equivalent of completion.
8. Registration
Your solicitor registers your title with Registers of Scotland, which maintains the Land Register. Your solicitor will also submit your LBTT return and pay any tax due.
Land and Buildings Transaction Tax (LBTT)
Instead of Stamp Duty, buyers in Scotland pay LBTT, which is administered by Revenue Scotland. There is relief for first-time buyers, and an Additional Dwelling Supplement applies if you’re buying a second home or buy-to-let property.
Use our stamp duty calculator, which includes LBTT, to work out what you’ll pay. The tax return must be submitted within a set period after the date of entry, and your solicitor normally does this for you.
Ownership and factors
Scotland doesn’t use leasehold for homes in the same way as England and Wales. Most people own their home outright, including flats. Shared parts of a building — the roof, stairwell and gardens — are usually maintained jointly, often through a property factor who charges a regular fee. Check the factoring arrangements in the Property Questionnaire. See our tenure guide for more.
Tips for buyers in Scotland
- Move quickly. In a competitive market, homes can go to a closing date within days.
- Read the Home Report carefully. Pay attention to any category 3 ratings.
- Agree your budget for closing dates in advance. It’s easy to get carried away.
- Check the valuation. If you offer well above the Home Report valuation, your lender may only lend against the lower figure, and you’ll need to make up the difference.
- Factor in all costs. Use our cost of buying calculator to add up LBTT, legal fees and moving costs.
This guide is general information, not legal or financial advice. Rules change — check GOV.UK or speak to a qualified professional.