Scottish Government Guidance for people buying or selling private residential homes in Scotland during the COVID-19 outbreak.
In all circumstances, we recommend that you speak to your estate agent and solicitor.
You should also remember that the process of moving home involves a number of different people and businesses who may also be affected by COVID-19.
What does this mean for my property move which is scheduled whilst the stay-at-home measures against coronavirus (COVID-19) apply?
Home buyers should, where possible, delay moving to a new home while stay-at-home measures are in place to fight COVID-19.
In light of the risks to health arising from COVID-19, no one should be contemplating a home move involving not only themselves but any other parties in the process, e.g. sellers still in residence, solicitors, surveyors, removal companies or estate agents and their relevant support staff. A home move involves many others, over and above the purchaser, who should not be asked to place themselves at risk.
Where move dates have already been agreed, we encourage all parties to do all they can to amicably agree alternative dates to move, for a time when it is likely that stay-at-home measures against coronavirus (COVID-19) will no longer be in place.
All parties should work together to agree a delay or another way to resolve this matter.
If the parties are unable to reach an agreement to delay, people must follow advice on social distancing to minimise the risk of spreading the virus as a result of the move.
Anyone with symptoms, self-isolating or shielding from the virus, should not move house at the present time. All parties should prioritise agreeing amicable arrangements to change move dates for households with individuals in this group. This includes where someone in the chain of those involved in the proposed move is in this group, particularly where that person is being shielded from the virus.
If you have not yet agreed a date of entry
People who have not yet agreed a date of entry should not agree a date that falls within the period during which stay-at-home measures apply. It should be noted that these measures might be extended. Any agreement made between parties around a future date of entry should make explicit provision for the possibility of deferring that date.
If you have agreed a date of entry
People who have an agreed date of entry should seek to delay that date with agreement from the other people involved in the transaction, taking account of the period of time the restrictions are likely to be in place. Bear in mind that you may have reached a formal legal bargain to buy or sell on a particular date and discuss this with your solicitor. You should also agree the approach to any future potential need to delay as a result of COVID-19.
If you must move
If you must move and the following both apply, then you may proceed to do so:
What if an extension goes beyond the terms of a mortgage agreement?
UK Finance have confirmed that, to support customers who have already set dates for completion, mortgage lenders are working to find ways to enable customers to extend their mortgage offer for up to three months to enable them to move at a later date.
If a customer’s circumstances change during this three month period or the terms of the house purchase change significantly and continuing with the mortgage would cause house buyers to face financial hardship, lenders will work with customers to help them manage their finances as a matter of urgency.
If your home is not yet on the market
You may find getting your home onto the market more challenging than usual during this period. There should be no visitors to your home.
If you are thinking about selling, you can use this time to start gathering together all of the information you will need to provide to potential purchasers.
Advice for people to stay at home and away from others means you should not invite unnecessary visitors into your home, including people involved in marketing your home.
At Scottish Property Centre we are carrying out ‘virtual valuations’ via Skype, Facetime and other interactive media so that clients can receive relevant information about their properties. You can also call your local branch, all landlines are still the best number to reach us at. If you would like an on-line estimate, you can also take advantage of our valuation tool.
If your property is already on the market, you can continue to advertise it being for sale but you should not allow people in to view your property.
There should not be any visitors into your home, and you should not therefore let people visit your property for viewings. If you are interested in a virtual viewing of a property, speak to the local Scottish Property Centre branch about this possibility.
The buying and selling process can continue during this period but you should be aware that the process is likely to take longer than normal.
You are free to continue to accept offers on your property. However, the selling process may take longer. You should seek advice from your solicitor.
Advice for people to stay at home and away from others means you should not invite visitors into your home, including prospective buyers or agents.
We recommend that all parties should work either: to delay concluding missives until after the period where stay-at-home measures to fight coronavirus (COVID-19) are in place; or to include explicit contractual provisions to take account of the risks presented by the virus.
If you have concluded missives, you have entered into a legal agreement to purchase the property. In these circumstances, we encourage all parties to do all they can to amicably agree alternative dates to move, for a time when it is likely that stay-at-home measures against coronavirus (COVID-19) will no longer be in place. You should seek advice from your solicitor about the implications for you.
If you have any property related questions, please get in touch with your local Scottish Property Centre branch.