In a Scottish property transaction, the buyer and the seller each pay their own solicitor. The buyer also pays the registration dues for their title and any mortgage, and the Land and Buildings Transaction Tax (LBTT). The seller pays for the Home Report, the property searches and the discharge of their mortgage. Neither side pays the other side's legal fees in a normal sale.
This guide sets out who pays each cost, how fees work when you are buying and selling at the same time, and what happens with joint owners, lenders and transactions that fall through.
Do the buyer and seller each pay their own legal fees?
Yes. In Scotland, the buyer and the seller are each represented by their own solicitor, and each pays for their own. Your solicitor acts only for you, negotiates the missives on your behalf and protects your interests, so you pay for that work.
Your solicitor must tell you in writing at the outset what the fee will be, or how it will be charged, including VAT and outlays. This is a requirement of the Law Society of Scotland's rules on client communication. Our own residential fee is fixed by the price of the property and is the same whether you are buying or selling, as shown on our conveyancing fees page.
Who pays each cost in a Scottish property transaction?
| Cost | Usually paid by |
|---|---|
| Buyer's solicitor's legal fee and VAT | Buyer |
| Seller's solicitor's legal fee and VAT | Seller |
| Registration of the buyer's title (Registers of Scotland) | Buyer |
| Registration of the buyer's standard security | Buyer, if they have a mortgage |
| LBTT and any Additional Dwelling Supplement | Buyer |
| Home Report | Seller |
| Property searches (legal report and property enquiry certificate) | Seller |
| Discharge of the seller's mortgage | Seller |
| Advance notices | Each side pays for their own |
| Estate agency fees | Seller |
| Mortgage arrangement and valuation fees | Buyer |
The searches show the buyer's solicitor that there are no legal problems recorded against the seller or the property, so in Scotland they are provided by the seller. Our guide on what searches a solicitor carries out in Scotland explains what they cover.
What legal costs does the buyer pay?
The buyer pays their solicitor's fee and VAT, the outlays for registering their ownership and any standard security, and the LBTT due to Revenue Scotland. On a £200,000 purchase with a mortgage through us, that comes to £2,746 for most buyers, or £2,146 for a first-time buyer. Our guide on what is included in conveyancing fees in Scotland shows the breakdown.
If you are buying with a mortgage, your solicitor will usually act for your lender as well. The work for the lender is part of the purchase, and its cost normally falls on you as the borrower rather than on the lender.
What legal costs does the seller pay?
The seller pays their solicitor's fee and VAT, the searches, the cost of discharging their mortgage and their advance notice. These are usually deducted from the sale proceeds at settlement, along with any estate agency fee, before the balance is paid to the seller.
The seller also pays for the Home Report, which must be available before the property is marketed. Our guide to selling a house in Scotland covers the full process.
What if you are buying and selling at the same time?
You pay for both sides of your own move: the seller's costs on the home you are selling and the buyer's costs on the home you are buying. With us, each transaction has its own fixed fee, set by the price of that property.
Timing matters if you are buying before your sale settles. You may need bridging finance, and if you own two homes on the date of entry of your purchase, the Additional Dwelling Supplement may be due on your purchase, although it can be reclaimed if your sale completes within the time limit. Our guide to the Additional Dwelling Supplement explains when it can be reclaimed.
Who pays when there are joint buyers or owners?
Where two or more people buy together, the legal costs are a shared cost of the purchase, and how you split them is up to you. If you are contributing different amounts to the deposit or the price, it is worth recording how the property would be divided if you later separate or sell.
When an owner is added to or removed from the title, for example after a separation, the people involved agree who pays the legal costs. Our transfer of title service explains how this works.
Can the seller pay the buyer's legal fees?
It is unusual in a private sale, but it does happen with new-build homes. Some developers offer incentives such as a contribution towards legal fees or LBTT. If you are offered an incentive, tell your solicitor and your lender, because lenders need to know about any incentive when they decide how much to lend.
Who pays if the sale falls through?
Before missives are concluded, either side can withdraw, and each side normally pays their own solicitor for the work done and any outlays already spent. After missives are concluded, the party who pulls out can be liable for the other side's losses, which can include legal costs of a resale. Our guides on paying solicitor fees when a sale falls through and what happens if a buyer pulls out explain the position.
Getting a clear breakdown
A clear, written quote that shows which costs are yours is the best way to avoid surprises. Our quote calculator gives a full breakdown for a purchase or sale, and our guide to the additional costs of buying a house in Scotland covers the costs beyond legal fees. If you would like to talk through your move, call us on 0141 471 9166.
Kirsty Docherty, Head of Residential Conveyancing
Kirsty leads our residential conveyancing team and has over a decade of experience in residential property law in Scotland. Last updated 2 November 2026. This guide is general information about Scots law, not legal advice for your situation.
