What this service is, and what it is not
Every property purchase needs a lawyer. In Scotland the legal side is handled by a solicitor qualified in Scots law, and it runs differently from England and from most of Europe. If you are buying from Malta, the EU, North Africa or the Gulf, that difference is where delays and surprises come from.
We are not a law firm, and we do not give legal advice. What we do is work alongside an independent solicitor you appoint, and take care of the property side of the transaction so the legal side can move quickly: the Home Report and survey, refurbishment quotes, the timetable, and the questions the seller’s side asks. We introduce you to solicitors who are used to clients abroad, and we keep everyone working to the same dates.
The legal advice, and the responsibility for it, sits with your solicitor. Our job is to make sure they are never waiting on the property side.
Buying in Scotland: how the legal side runs
Most of our purchases are in Glasgow and Edinburgh, so this is the process you are most likely to meet.
- The Home Report. Most residential properties for sale in Scotland come with a Home Report: a survey and valuation, an energy report and a questionnaire filled in by the seller. We read it before you commit and tell you what it means in practice, including what a refurbishment would really cost.
- The offer. Offers are made by your solicitor, in writing. Popular flats often go to a closing date, where all offers arrive by a set time and the seller picks one.
- Missives. After an offer is accepted, the two solicitors exchange letters, called missives, that set out the terms. When missives are concluded, the contract is binding on both sides. Before that point either side can walk away; after it, they cannot without consequences.
- Settlement and registration. On the settlement date the money moves, you get the keys, and your solicitor registers you as the owner with Registers of Scotland. They also file the Land and Buildings Transaction Tax return, which is due within 30 days.
The point to remember is that concluded missives are binding. Your funding, your structure and your tax position should be settled before that stage, not after it. That is why we line up the solicitor and the accountant together, at the start.
Buying in England and Wales
Some clients also buy south of the border. There the process runs through exchange of contracts, when the deal becomes binding, and completion, when the money moves and the purchase is registered with HM Land Registry. Stamp Duty Land Tax replaces LBTT. On a buy-to-let, the higher rates for additional dwellings add 5% to each band, and buyers who are not UK resident pay a further 2% surcharge. In Wales the tax is Land Transaction Tax, with its own rates. Your solicitor confirms which apply to you; we make sure the purchase budget reflects them from the first conversation.
The checks you will meet
UK solicitors must check who you are and where the money comes from before they can act. Expect to provide:
- proof of identity and address, often certified if you are abroad;
- evidence of the source of the funds for the purchase, such as bank statements, a sale contract or a mortgage offer;
- for a company, its documents and the people who own and control it;
- for an overseas entity, its registration on the Register of Overseas Entities at Companies House, which must be in place before it can be registered as the owner of land in the UK.
None of this is unusual, but gathering it from another country takes time. We give you the list on day one, so the checks are finished before you find the right property rather than holding up the offer.
Letting the property legally
Owning a rental property brings legal duties of its own, and they differ by country.
In Scotland, landlords must register with the local council before letting. New tenancies since 1 December 2017 are Private Residential Tenancies, with no fixed end date, and a landlord can only end one on one of the grounds in the law. Deposits must be lodged with an approved tenancy deposit scheme within 30 working days. The property must meet the Repairing Standard, with the safety checks that go with it.
In England, the Renters’ Rights Act 2025 brought the biggest change in decades. From 1 May 2026, section 21 “no-fault” evictions ended and tenancies became rolling periodic tenancies, so possession now rests on specific grounds.
Day-to-day letting is handled through our partner letting agents, who know these rules and work to them. Where a tenancy needs a lawyer, for a dispute, a possession case or an unusual lease, we bring your solicitor in early, with the file already in order.
Families, companies and planning ahead
For family offices and families investing together, the legal questions go beyond the purchase. Who owns each property, and in what shares? What happens if one of the owners dies, and which country’s rules decide? Can someone sign for you while you are abroad, through a power of attorney, so that nobody has to fly in for a signature?
These are questions for lawyers in each country involved, and the earlier they are asked, the simpler the answers tend to be. We make sure they are on the table before the first purchase, and we keep the property records in a form your advisers can rely on.
How it works with us
- A call before you buy. We talk through where you live, how you plan to own the property and your timetable.
- An introduction. We introduce you to an independent solicitor used to clients abroad, with a short brief on the purchase.
- You appoint them directly. You agree the scope and fee with the solicitor before any work starts. They act for you and advise you.
- We run the property side. Home Report, survey, refurbishment quotes, viewings by video and the timetable, so your solicitor is never waiting on us.
- After the keys. Landlord registration, the tenancy, the deposit and the safety checks, set up through our partner letting agents and documented for your file.
Common questions
Are you a law firm?
No. Gauci Magri & Partners does not give legal advice. We introduce you to independent solicitors, you appoint them directly, and we handle the property side of the purchase so the legal work can move quickly.
Do I need a Scottish solicitor to buy in Glasgow or Edinburgh?
Yes, in practice. Property in Scotland is bought under Scots law, through offers and missives, and the purchase is registered with Registers of Scotland. A solicitor qualified in Scotland handles that process.
When does a purchase in Scotland become binding?
When missives are concluded, that is, when the solicitors have agreed the terms in writing. Before then either side can withdraw. After it, the contract binds both buyer and seller, so funding and structure should be settled first.
Can I buy without travelling to the UK?
Usually yes. Viewings can be done by video, documents can be signed and certified abroad, and a power of attorney can let someone sign for you. Your solicitor will confirm what they need and how it must be certified.
What changed for landlords in England in 2026?
The Renters’ Rights Act 2025 abolished section 21 no-fault evictions from 1 May 2026 and turned tenancies into rolling periodic tenancies. Scotland has worked on a similar basis since its Private Residential Tenancy began in December 2017.
Tell us your budget and what you want the property to do for you. You will get a straight answer on what we can find, by video call, wherever you are.
Book a free 30-minute call