Buying in England without travelling:
how do identity checks and signing work?

Identity checks: who does them and how

According to GOV.UK, estate agents, solicitors and mortgage lenders are required by law to check your identity. To reduce the risk of registration fraud, HM Land Registry relies on the steps conveyancers take to verify their clients’ identity.

HM Land Registry’s guidance says conveyancers can check identity by online video call, in which case form ID5 is completed. The option for non-conveyancers to verify identity by video call was withdrawn on 5 February 2024.

HM Land Registry has also published a digital identity standard. Conveyancers who follow its steps, such as checking a biometric passport that meets international e-passport specifications, are treated as having taken reasonable steps and reach its “safe harbour”. It accepts that not every step will be possible in every transaction.

Alongside identity, you will be asked for documents showing where your money comes from; which documents and how to send them safely are covered in our guide to source of funds.

Unrepresented parties and people living overseas

Where a party to an application has no conveyancer, HM Land Registry needs either a conveyancer’s confirmation that the person’s identity has been sufficiently verified or evidence of identity. That evidence is form ID1 for an individual or ID2 for a company, dated and signed no more than 3 months before the application is lodged.

If the person lives overseas and a UK conveyancer cannot verify their identity, section B of the form is completed and signed by a lawyer or notary public qualified to practise in their country of residence. Written evidence of that authority goes with the form, with a certified English translation if it is not in English or Welsh.

HM Land Registry does not accept living overseas as a reason for not providing an ID form. ID forms cannot be signed with any type of electronic signature.

The Law Society’s guidance on property fraud suggests that, for clients overseas, solicitors obtain a notarised copy of the client’s passport and proof of address and ask the notary to have them legalised or apostilled. GOV.UK’s legalisation service covers only documents issued in the UK; documents issued abroad are legalised in the country that issued them.

The contract and the transfer deed

A purchase rests on two documents: the contract for sale and the transfer deed that passes ownership (TR1 is one of HM Land Registry’s transfer forms).

By law, a contract for the sale of land is made in writing and signed by or on behalf of each party. When the contract becomes binding is explained in our guide to reservation and exchange.

A deed is signed in front of a witness who attests the signature. HM Land Registry requires the witness to be actually present when the deed is signed, and the Law Society also says the witness must be physically present, so witnessing by video call is not enough.

A party to the deed cannot witness another party’s signature. HM Land Registry considers it advisable for the witness to be no younger than 18, and says a spouse who is not a party may witness, though it advises against it. Even if the deed is signed abroad, English law governs its form and execution.

Electronic signatures: which route, which document?

For documents used in registration, HM Land Registry recognises three routes:

• Mercury signing: every party has a conveyancer; each signs the signature page in wet ink in the physical presence of a witness, and the signed page is emailed with the final version of the document.
• Conveyancer-certified electronic signatures: the signatory enters a one-time passcode on a platform and signs electronically in the physical presence of the witness.
• Qualified electronic signatures: no witness is needed; HM Land Registry accepts them subject to technical conditions and through its digital application channels.

The table in HM Land Registry’s guidance shows Mercury signing and conveyancer-certified electronic signatures as accepted for transfer forms, TR1 included, and simple electronic signatures as not accepted. Ticking a box on screen is not enough for every document.

The solicitors on both sides agree which method to use. If a wet-ink signature is needed, you sign the page in front of your witness and send it back the way your solicitor asks.

Powers of attorney: when someone signs for you

If there is a stage you cannot sign, you can give someone a power of attorney. According to HM Land Registry, the only strict requirement is that the donor executes it as a deed, so it too is signed before a witness.

HM Land Registry will usually accept a copy certified as a true copy by a conveyancer or a chartered legal executive, and it asks for evidence of the attorney’s identity.

For a power of attorney granted under another country’s law, HM Land Registry asks for a certified copy, a verified translation where needed, and a legal opinion from a lawyer qualified in that country that is not qualified or conditional. Discuss with your solicitor before you start where and in what form any power of attorney should be made.

After registration, adding your address in Türkiye to the register and keeping an eye on it are covered in our guide to the title register.