If you’ve moved to Britain from another country, or you’re thinking about buying property from overseas, the system here can take some getting used to. In countries such as France, Italy and Spain, notaries play a central role in property transactions, so the process can feel quite different from what you’ll encounter in England and Wales.
Photo by Bethany Opler
If you’re considering a bigger move abroad, I’ve also written about how to prepare for a successful life overseas, from the practical details to the less obvious adjustments that come with starting again in another country. And once you’ve finally found your place, my guide to making a new house feel like home covers some of the details that make the transition feel a little easier.
Here, one of the biggest differences is that accepting an offer isn’t the same as legally committing to the purchase. The sale only becomes legally binding when contracts are exchanged, which can be weeks or even months after your offer is accepted. Until then, either side can generally walk away. This is also why gazumping – when a seller accepts a higher offer from another buyer before exchange – is possible.
Leasehold, Freehold and Why Your Flat Isn’t Really “Yours”
In England and Wales, many flats are leasehold. You own the leasehold interest in the property for a fixed number of years, while the freeholder owns the freehold interest in the building and land. That can be very different from the way apartment ownership works elsewhere in Europe.
If you’re buying an older leasehold flat, check the remaining lease term, ground rent and service charges carefully. New qualifying long residential leases granted since June 2022 are generally subject to a peppercorn ground rent, effectively zero, but older leases can still have ground-rent obligations.
The number of years left on the lease matters particularly once it gets close to 80 years, as the cost and terms of extending a lease can become less favourable under the current system. The Leasehold and Freehold Reform Act 2024 introduced reforms intended to make lease extensions and enfranchisement easier, but important parts of the Act have not yet come into force.
There is also further reform in the pipeline. The government published a draft Commonhold and Leasehold Reform Bill in January 2026, alongside a consultation on plans to ban most new leasehold flats. These are proposed reforms, not rules you should assume will apply to a purchase you make today.
One more thing to flag: a mortgage valuation is primarily for the lender and isn’t a detailed inspection of the property’s condition. It may not identify problems such as damp, subsidence or structural defects. For that, you’ll need to arrange your own survey, such as an RICS Level 2 Home Survey or Level 3 Building Survey, depending on the property.
Photo by David Walker
What Happens When Your Money Comes From Overseas
This is the part I found particularly confusing when dealing with property across borders, because the paperwork can become much more involved once your money has come from another country.
If your deposit is coming from an overseas bank account, expect your solicitor to ask detailed questions about where the money came from. UK anti-money-laundering rules require solicitors to understand the source of funds involved in a transaction, and the amount of evidence required depends on the circumstances and risk profile of the transaction.
That might mean bank statements, documents showing the sale of another property or investments, evidence of savings, or paperwork relating to a family gift. The important thing is to start gathering this documentation early. If the money has moved between several accounts or countries, establishing its history can take considerably longer.
Some firms won’t act for you depending on the country the money originated from, so raise this with your conveyancer before you instruct them. Don’t leave it until after. Reputable solicitors such as SAM Conveyancing can explain their requirements upfront, and that’s a conversation worth having before you’ve paid for searches.
If your parents are gifting you part of the deposit from abroad, expect your solicitor and lender to ask for evidence of the gift, identification for the donor and documents showing the source of the money. The exact requirements vary, particularly when the donor lives overseas, so ask your solicitor and mortgage lender what they need before the money is transferred.
Exchange rates throw in another headache too. The amount you thought you had in pounds on Monday can look different by Friday. Some buyers use a currency broker to lock in a rate ahead of time, so the amount they’re working with in pounds doesn’t change while the purchase is going through.
Photo by Karolina Grabowska from Pexels
The Stamp Duty Surcharge Nobody Mentions Until the Bill Arrives
Here’s what catches people out: “resident” for SDLT purposes has nothing to do with your visa, citizenship or right to live in the UK. For an individual buying residential property in England or Northern Ireland, the initial non-UK resident test is based on whether you were physically present in the UK for at least 183 days during the 12 months before the purchase.
To put some numbers on it, a £400,000 purchase in England would currently attract £5,000 of SDLT for a qualifying UK-resident first-time buyer. A non-UK resident buying the same property without first-time buyer relief would pay £18,000 at the standard residential rates plus the 2% non-resident surcharge. If the buyer also owns another residential property, the higher rates for additional properties can apply as well.
The important point is to work out your SDLT position before deciding how much you can afford to spend. The difference can be substantial.
There is a potential refund if you later satisfy the residence test. You need to have been present in the UK for at least 183 days during a continuous 365-day period within the relevant two-year window around the transaction. You can then amend your SDLT return and claim back the 2% surcharge, provided you meet the other conditions.
The Wales Exception
If you’re looking at property in Wales, there’s another important distinction: SDLT doesn’t apply. Wales has its own Land Transaction Tax, with its own rates, thresholds and higher-rate rules.
So if you’re comparing a property in Cardiff with one across the border in England, don’t use an English SDLT calculator and assume the result will be the same.
What I’d Sort Out Before Making an Offer
Don’t wait until you’ve found a property to sort the admin. The biggest delays for overseas buyers can happen because the paperwork wasn’t started early enough.
Get your deposit documentation in order now, even if you’re still just browsing Rightmove. If money is coming from abroad or from family, gather bank statements, gift documentation and ID documents straight away. Work out your stamp duty position before you set a budget, not after. And find a solicitor who actually has experience with overseas buyers, because not all of them do.
Buying property in another country is complicated enough without discovering halfway through the process that one document is missing or that the tax bill is considerably higher than you expected. A little preparation at the beginning can save a lot of stress later.
