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MOVING HOME

The Home Charter Scheme

The Scheme was first introduced by the Northern Ireland Law Society in 1994 in an attempt to address public concerns and negative perceptions about the provision of conveyancing services by solicitors. The scheme was primarily directed at processes. Originally, the scheme was voluntary so that solicitors claiming to be members of it could demonstrate to members of the public compliance with it and therefore raise their credibility. In return, they were obliged to submit themselves for possible inspection of their files by the Law Society in order to monitor compliance with the scheme. According to the Law Society, the Scheme was a success. As a result, they brought in new regulations requiring all firms of solicitors practising within the jurisdiction of Northern Ireland to comply with the scheme. The Regulations, known as the Solicitor’s (Amendment) Regulations 2000 came into operation on 1st January 2001. These regulations amend the Solicitor’s Practice Regulations 1987, which are the general professional practice regulations.

Under the terms of the 2000 regulations, a solicitor is obliged to comply with the Codes of Practice under the Home Charter Scheme whenever that solicitor acts for a client in connection with a residential sale or purchase of a property. The code of practice does not include voluntary sales, re-mortgages or commercial conveyancing. It is possible to contract out of the regulations but only if the solicitor can prove that the client was advised of the availability of the Scheme and has provided written authority to the solicitor not to comply with the scheme.

Failure to comply with the code of practice is a disciplinary offence. At the beginning of 2002, the Law Society announced in the Writ that it will discipline solicitors that it finds do not comply with the requirement to provide a client with a written estimate of costs at the beginning of the transaction.