Can my conveyancer give independent legal advice?

Usually not. Independent legal advice has to come from a solicitor who is independent of the borrower and, usually, the lender. Your conveyancer typically acts for the buyer or borrower, and often for the lender too, so they can't also advise you independently. Some lenders allow a different solicitor at the same firm; many don't.

Key takeaways

  • ILA must be independent of the person whose debt you're supporting.
  • The borrower's conveyancer usually has a conflict of interest.
  • Some lenders accept a different solicitor at the same firm; many insist on a separate firm.
  • Your lender's instructions decide what's acceptable.
  • Using a separate ILA solicitor avoids last-minute rejections.

Why independence matters

The point of independent legal advice is that someone looks after your interests only. If you’re guaranteeing a loan, charging your home or giving up occupation rights, your interests may be different from the borrower’s. The borrower wants the deal to complete. You need to understand the risk to you, and to feel free to say no.

A solicitor who is also acting for the borrower, or for the lender, can’t give that advice without a conflict.

Who your conveyancer acts for

In a typical purchase or remortgage, the conveyancer acts for the buyer or borrower, and often for the lender too. That’s normal for the property side. But it means they generally can’t advise:

  • a parent who is a joint borrower but not an owner
  • an occupier who must sign a consent form
  • a family member giving a gifted deposit, where the lender requires advice
  • a guarantor or third-party chargor

Same firm, different solicitor?

Some lenders accept advice from a different solicitor at the same firm, provided there’s no conflict. Many don’t, and insist on a solicitor from a separate firm. The lender’s instructions to the conveyancer, or the ILA certificate template, usually say which. If in doubt, use a separate firm: a rejected certificate can delay completion.

What about the borrower’s own advice?

Borrowers usually get advice from their own conveyancer or solicitor, and that’s fine. The independence requirement applies to the person supporting the borrower: the guarantor, chargor, occupier or joint borrower.

How a separate ILA solicitor works with your conveyancer

  1. The conveyancer or broker sends the documents and certificate template to the ILA solicitor, or you forward them.
  2. The ILA solicitor advises you privately and arranges signing.
  3. The signed certificate and documents go back to the conveyancer or lender.

It adds a step, but it can usually be done the same day. See how it works.

Frequently asked questions

Can the buyer's solicitor advise me on an occupier's consent form?

Usually not, because they act for the buyer and often the lender. Most lenders want an independent solicitor.

Can another solicitor at the same firm give ILA?

Some lenders allow it if there's no conflict; many don't. Check your lender's instructions.

Does the borrower need independent advice too?

The borrower usually has their own conveyancer or solicitor. ILA is mainly for the people supporting the borrower.

Will a separate ILA solicitor slow things down?

Not usually. Advice and the certificate can often be done the same day.

SR

Reviewed by Saba Rehman, Solicitor
SRA-regulated · Last reviewed 9 October 2026

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