Solicitor Identity Checks: Why They Are Needed When Selling

One of the very first things your solicitor will do when you instruct them to handle your property sale is verify your identity. This is not a formality or a box-ticking exercise — it is a legal obligation that every solicitor and licensed conveyancer in England and Wales must fulfil before they can act for you.

If you have already been through the process of instructing a solicitor, you will know that identity checks are one of the first steps. But many sellers are unsure why these checks are necessary, what documents are accepted, and what happens if verification fails. This guide explains everything you need to know.

Why solicitors must verify your identity

The requirement for solicitors to check your identity comes from the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017, commonly referred to as the Money Laundering Regulations or MLR 2017. These regulations implement the EU's Fourth and Fifth Anti-Money Laundering Directives into UK law and apply to all regulated professionals in the legal sector.

Under these regulations, solicitors are classified as part of the "regulated sector" and must carry out customer due diligence (CDD) on every client before establishing a business relationship. In the context of a property sale, this means your solicitor must:

• Verify your identity — confirm you are who you claim to be using reliable, independent source documents or electronic verification.
• Verify your address — confirm where you live using recent official correspondence.
• Assess risk — consider whether there are any factors about the transaction that suggest a higher risk of money laundering or fraud.

The Solicitors Regulation Authority (SRA) enforces compliance with these regulations. Solicitors who fail to carry out proper identity checks face serious consequences, including unlimited fines, disciplinary action, and in severe cases the loss of their practising certificate. The Council for Licensed Conveyancers (CLC) applies equivalent rules to licensed conveyancers.

How identity checks protect sellers from fraud

Identity verification is not only about regulatory compliance — it also protects you as a homeowner. Property fraud, where criminals impersonate property owners to sell or mortgage homes they do not own, is a real and growing problem in England and Wales.

According to HM Land Registry, properties most at risk of fraud include those that are unoccupied, those where the registered owner lives overseas, and those that are mortgage-free (because there is no lender keeping watch over the title). Land Registry's own fraud prevention measures, combined with solicitor identity checks, form a layered defence against these risks.

By verifying your identity at the start of the transaction, your solicitor ensures that the person instructing them is genuinely entitled to sell the property. This protects you, the buyer, and the integrity of the Land Register itself.

What documents are accepted for identity checks

Solicitors follow guidance from the Law Society and the SRA when deciding which documents to accept. The standard requirements are one document proving your identity (who you are) and one document proving your address (where you live).

Proof of identity (photo ID)

Proof of address

Note that your photo driving licence can serve as both proof of identity and proof of address if it shows your current address. However, many solicitors still prefer to see a separate proof of address document as well, so check with your conveyancer what they require.

Electronic identity verification (eIDV)

Most solicitors now use electronic identity verification as their primary method of checking your identity. This is faster, more convenient, and in many cases more reliable than manual document checks.

The process works as follows:

1. You provide your full name, date of birth, and current address to your solicitor (usually via an online form or portal).
2. Your solicitor submits these details to a third-party verification service, which cross-references them against multiple databases including credit reference agencies (Experian, Equifax, TransUnion), the electoral roll, and government records.
3. The service returns a pass or fail result, typically within minutes.
4. If the check passes, your identity is verified and your solicitor can proceed with the transaction.

Electronic verification costs solicitors between £6 and £20 per person, which is either included in their overall fee or passed on as a disbursement. The main advantage for sellers is speed — there is no need to post documents or visit the solicitor's office. If you want to understand the full range of costs involved, our guide on the conveyancing checklist for sellers covers all the typical disbursements.

When electronic verification fails

Electronic checks can fail for several reasons:

• You are not on the electoral roll — the electoral register is one of the key databases used for verification. If you are not registered to vote at your current address, the check may not return a match.
• Your name differs across records — if you recently changed your name (for example after marriage) and your credit records, driving licence, and utility accounts show different names, the electronic check may fail.
• You have recently moved — if your address has not yet been updated across credit records and government databases, the check may not find a match at your current address.
• You have a thin credit file — young people, recent arrivals to the UK, or those who do not use mainstream financial products may not appear on the databases used for electronic verification.

If electronic verification fails, your solicitor will ask you to provide physical documents instead. This is perfectly normal and does not imply anything suspicious about your identity.

Identity checks for joint owners and multiple sellers

If the property is owned by more than one person, every individual named on the title must be verified separately. There are no exceptions to this rule. Common scenarios include:

• Married couples or civil partners — both must provide their own photo ID and proof of address and pass verification independently.
• Tenants in common — all co-owners must be verified, even if they hold unequal shares in the property.
• Executors selling inherited property — the executors named on the grant of probate must be verified. The identity of the deceased owner is not checked, but the executors acting on the estate must prove who they are.
• Attorneys acting under a power of attorney — both the attorney and (where possible) the property owner must be verified. The solicitor will also need to see the original or certified power of attorney document.

The cost of identity checks scales with the number of people involved. For a couple selling jointly, expect to pay for two electronic checks rather than one. If you are selling a property with multiple co-owners, factor this into your cost expectations. For more on what to expect from your solicitor throughout the process, see our guide on what to expect from your solicitor.

Identity checks for overseas sellers

If you are selling a UK property but live abroad, the identity verification process is more involved. Your solicitor still needs to comply with the same regulations, but the standard methods may not work as smoothly.

Electronic verification for overseas sellers

Most UK-based electronic identity verification services are designed to check against UK databases. If you live overseas, the electronic check may fail because your current address is not on the UK electoral roll or in UK credit agency records. Some verification providers offer international checks, but coverage varies by country.

Document-based verification from abroad

If electronic verification is not possible, your solicitor will need to verify your identity using physical documents. For overseas sellers, this usually means:

• Providing certified copies of your passport or national identity document, certified by a local solicitor, notary public, or British consular official.
• Providing certified proof of your overseas address, such as a utility bill or bank statement from your country of residence.
• The certifying professional must confirm that the copy is a true likeness of the original and provide their own professional details.

The Land Registry ID1 form

In addition to your solicitor's own identity checks, HM Land Registry requires sellers who are not represented by a UK-based solicitor, or who cannot attend their solicitor's office, to complete an ID1 form. This is Land Registry's own identity verification form, and it operates separately from your solicitor's AML checks.

The ID1 form must be signed in front of an authorised witness. In the UK, this can be a practising solicitor. Abroad, it must be a notary public, a British consular official, or an equivalent legal professional recognised by Land Registry. The witness verifies your identity by examining your original identity documents and confirming that the person in front of them matches the photograph.

Having an ID1 form witnessed by a notary abroad typically costs between £50 and £150, though this varies significantly by country. Some countries charge considerably more. Allow extra time for this step, as finding and booking a suitable witness can take several days.

Land Registry identity verification

It is important to understand that your solicitor's AML identity checks and HM Land Registry's identity verification are two separate processes that serve different purposes.

Your solicitor's checks satisfy their obligations under the Money Laundering Regulations 2017. Land Registry's verification, by contrast, is designed to protect the integrity of the Land Register and prevent fraudulent transfers of ownership.

Land Registry may require additional identity verification in situations they consider higher risk, including:

• The seller lives at a different address from the property being sold.
• The property is mortgage-free (no lender oversight).
• The seller lives overseas.
• The property has been empty or unoccupied for an extended period.

If additional verification is required, Land Registry will contact your solicitor directly. You may need to complete an ID1 form even if you are based in the UK, if Land Registry has concerns about the risk profile of the transaction. To speed up the overall process, see our guide on how to speed up conveyancing as a seller.

How long the identity verification process takes

In most cases, identity verification is one of the quickest parts of the conveyancing process. Here is a summary of typical timescales:

The key point is that identity verification should not cause any delay if you deal with it promptly. Provide your details for electronic verification on the same day your solicitor requests them, and have your physical documents ready as a backup. The longer you delay, the longer your solicitor must wait before they can start work on your file.

Cost of identity verification

Identity verification costs are modest compared to overall conveyancing fees, but they are worth understanding so there are no surprises on your invoice.

Some solicitors include identity verification in their overall fixed fee, while others list it as a separate disbursement. When comparing conveyancing quotes, check whether the quote includes or excludes ID verification so you are comparing like for like.

What happens if you cannot provide ID

In rare cases, sellers may struggle to provide standard identification documents. This can happen if your passport has expired, you do not hold a driving licence, or you have recently arrived in the UK and do not yet have the usual documentation.

Your solicitor is required to take a risk-based approach to identity verification. This means they can consider alternative evidence, but they must be satisfied that, taken together, the documents provided give them reasonable confidence in your identity. Possible alternatives include:

• A birth certificate combined with a recent photograph and additional supporting documents.
• A letter from a regulated professional (such as a doctor, accountant, or another solicitor) confirming your identity.
• A national identity card from your country of nationality (for non-UK nationals).
• An older, expired passport combined with additional corroborating documents (some firms accept recently expired passports on a case-by-case basis).

If you know your identification documents are limited, tell your solicitor at the earliest opportunity so they can advise you on what alternatives they will accept. Leaving this conversation until the last minute can cause significant delays. For a broader view of all the documents you need when selling, see our source of funds guide, which explains the related financial checks your solicitor may carry out.

Tips for making identity checks as smooth as possible

Identity verification is straightforward for most sellers, but a few practical steps can help you avoid delays:

1. Check your documents before instructing. Make sure your passport has not expired and that your driving licence shows your current address. If either needs updating, start the renewal process early.
2. Register to vote. The electoral roll is a key database for electronic verification. If you are not registered, you can do so at gov.uk/register-to-vote. Registration typically takes a few days to appear on the roll.
3. Use consistent names across records. If you have recently changed your name, update your driving licence, bank accounts, and utility accounts to match your new name before the electronic check runs.
4. Respond to your solicitor promptly. When your solicitor sends the electronic verification link or requests documents, deal with it immediately. Your solicitor cannot start any legal work on your sale until your identity is confirmed.
5. Have backup documents ready. Even if you expect the electronic check to pass, keep a recent utility bill and your passport or driving licence to hand in case manual verification is needed.
6. Tell your solicitor early if you live abroad. If you are an overseas seller, let your solicitor know at the point of instruction so they can plan for the additional steps required, including the ID1 form if necessary.

Sources and further reading

• Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 — the primary legislation requiring solicitors to carry out identity verification (legislation.gov.uk)
• SRA Anti-Money Laundering Guidance — the Solicitors Regulation Authority's guidance on AML compliance for regulated firms (sra.org.uk)
• Law Society Anti-Money Laundering Resources — guidance and practice notes on AML compliance for solicitors in England and Wales (lawsociety.org.uk)
• HM Land Registry ID1 Form — the official identity verification form for Land Registry transactions (gov.uk)
• HM Land Registry — official guidance on property registration, fraud prevention, and title verification (gov.uk)
• Council for Licensed Conveyancers (CLC) — the regulator for licensed conveyancers in England and Wales, with equivalent AML requirements (clc-uk.org)
• National Crime Agency — Money Laundering — overview of money laundering threats in the UK, including the property sector (nationalcrimeagency.gov.uk)

Frequently asked questions