A guide to CQS accreditation for law firms  

The CQS quality standard that shows clients, lenders and all parties involved in the conveyancing community that your firm is a trusted resource for conveyancing advice. The accreditation will reduce risk for the firm in terms of arming its people with the skills to recognise and avoid risks in the conveyancing process. This in turn bolsters the Practice’s reputation by showing that all your conveyancing processes used are managed to an expected standard. It also underpins the profession’s overall effort in educating the general public about buying conveyancing services, and it helps firms get onto Lender Panels.

CQS Accredited firms will be able to display the Law Society’s Conveyancing Quality Scheme badge as part of their branding on and off line, to reassure clients they are in safe and qualified hands with regard to the sale or purchase of their homes.

CQS itself is not mandatory, however, for accredited firms there are mandatory courses to be completed, together with training on the firm’s policies, controls and procedures. The stipulated, mandatory CQS training is essential for the whole conveyancing team for accreditation.

There must be evidence of the effectiveness of your policies and procedures as well as understanding and application by staff. Testing staff understanding will come through robust supervision and file audits which is also a requirement of CQS Management Standards.

There is a time-limit of six months for completing the training, from your CQS accreditation date. Conveyancing firms have a choice of two training providers authorised to deliver CQS training: 

• Law Society Learning
• The Access Group CQS Training 

Becoming accredited involves paying two fees. Firstly, there is an application fee, followed by a membership fee before a firm can become accredited. Application fees range from £170-£1190 + VAT, and membership fees from £227- £1133, depending on size.

In addition there are training costs:

1. Law Society Learning charges £35 per person + VAT for each of the five mandatory courses. This is capped at £1100 + VAT for firms that have more than 16 people requiring update courses (correct at time of publishing).

2. From the Access Legal Learning and Compliance Division, for just £70 per user, law firms get all mandatory CQS courses (except the SRO Core Course), plus a suite of additional materials. These include compliance webinars, the Access Learning Management System, and a number of other law firm courses via ‘Learning Lite’ which is part of Access Workspace. We also offer Collaborate - an online file and project management tool for sharing and managing your CQS documents and certificates - and a range of apps to assist you with everyday tasks e.g. a company notice board.

Access Legal offers a variety of tools that make CQS Accreditation easier for law firms. 

There are a number of law firm practice management software options available from Access Legal with specific conveyancing modules. We also offer a wide range of digital learning and compliance products, and as the only authorised CQS Training provider, outside of the Law Society, our CQS Training is worth a look. This includes a ‘CQS Accreditation Review’ service. 

Download a brochure to find out more.

5 Things Law Firms Should Consider Before Applying for CQS Accreditation 

Here are five topical areas of conveyancing development that will currently impact your CQS Accreditation. All of these areas are covered in depth as part of the Access Legal CQS Conveyancing Update Courses:

1. The latest on Stamp Duty Land Tax (England) and Land Tax Transaction (Wales) 
 
It is important for firms going for CQS to ensure they are fully up-to-speed with the latest on Stamp Duty Land Tax (SDLT) in England, and Land Transaction Tax (LTT) in Wales. It is a good idea to refresh the basics, review rates, thresholds, reliefs and timings, and ensure you have the relevant documented procedures in place in line with CQS Standards.   

Firms applying for CQS Accreditation should look at the latest details regarding chargeable considerations, amending tax returns, first-time buyers’ relief, levy for overseas buyers, the complexities of multiple dwelling relief, surcharges on additional homes (annexes/granny flats), mixed use transactions, and other SDLT reliefs. 
 
An important requirement of the accreditation is to check SDLT and inform clients of leasehold provisions. Firms must also document their processes for informing clients with leasehold information up front, ahead of exchange of contracts, so they can make informed decisions.   

2.  Long leases and ground rents 
 
Conveyancing firms going for CQS should consider the robustness of the processes they have in place for explaining the difference between freehold and leasehold to clients to ensure it is sufficient. Also, all the ever-present problems with high ground rents, rent increase clauses, how the law is changing, and the issues that can arise if a long lease qualifies as an assured tenancy and rights to terminate under the Housing Act 1988 become available. All key areas for firms applying for Conveyancing Quality Scheme Accreditation.   

3. Land registry requisitions & restrictions 
 
The new RXC form, which assists conveyancers in complying with consent or certificate restrictions, is something to look at. As well as the changes in time limits relating to land registry and the need to avoid unnecessary requisitions which can cause delays in registrations.  

4. Cladding and from EWS1 

Cladding is a continuing challenge for the sale or purchase of leasehold flats in high rise buildings, and the EWS1 (External Fire Wall Review) Form is in place for this purpose. Conveyancing firms wishing to achieve CQS Accreditation need to be up-to-date on this. They should also be in a position to refer client to the funding sources available for removing cladding and be familiar with the Royal Society of Chartered Surveyors provides guidance.  

5. Anti-money laundering 
 
Conveyancing firms are at high risk of money laundering due to the nature and kind of transactions they handle on behalf of clients. Source of funds and source of wealth are two aspects of high importance. Both should be obtained at the earliest opportunity at the start of the matter, along with client due diligence as part of understanding the client and the transaction. Client questionnaires are a useful tool to gain an understanding of how a purchase is being funded, and to inform what further information and evidence is required. Robust anti-money laundering policies, controls and procedures are needed to give the firm confidence in application and the ability to spot red flags.  

Mandatory courses for law firms

Core Training for the Senior Responsible Officer (SRO). 

The Senior Responsible Officer (SRO) must complete a core training course covering all aspects of the role in depth. The post holder must ensure that all conveyancers in the Practice also complete their mandatory CQS training. This includes all conveyancers, qualified and non-qualified, permanent and locum, management and non-management.

Following training, the firm’s SRO will be fully aware of his/her CQS responsibilities and they will know precisely who, at the Practice, needs to be CQS trained, depending upon criteria regarding the how involved each individual is with the conveyancing process.

In order for the firm to be successful with the CQS Accreditation its SRO needs to complete an online assessment of 15 questions based on the responsibilities of the role. He or she is allowed only two attempts to achieve the pass mark, which is currently set at 80%. It is unlikely an SRO would need to take the assessment more than once during the three-year CQS Accreditation period. Newly appointed SROs must complete assessment within six months of their start date.

The mandatory SRO course is currently only available from the Law Society. Although all the other CQS courses are available from the Access Group too, this course is not, at this time.

1. Core Training for Financial Crime

Again within six months, all relevant conveyancing staff are mandated to complete financial crime training to ensure they are aware of issues affecting residential conveyancing. Any new members of staff joining the team, after accreditation, must also complete the course withing six months of commencing work at the firm.

2. Core Training for protocol in Practice (new for 2021)

This mandatory course, new for 2021, is specifically for new starters or members of the conveyancing team who have not completed CQS courses before.

Training Costs

Law Society Learning charges £35 per person + VAT for each of the five mandatory courses, capped at £1100 + VAT for firms that have more than 16 people requiring update courses (correct at time of publishing).

From Access Legal, the cost is the same – i.e. for either two core or two mandatory courses it is priced at £70 + VAT per user (£35 + VAT per user per course), and it is also capped at £1100 per firm.

From Access Legal for this investment law firms get:

• The mandatory CQS courses they need (i.e. two courses per user, either core or update).
  • CORE: Financial Crime and Protocol in Practice.
  • UPDATE: Conveyancing Practice and Risk Compliance and Client Care
• Additional compliance Webinars
• The Access Learning Management System
• Policy and Precedent Templates (seven documents)
• A number of other law firm courses via ‘Learning Lite’ (such as Working From Home Policy, Mental Health for Lawyers and Phishing) which is part of Access Workspace for Legal
• Collaborate - an online file and project management tool for sharing and managing your CQS documents and certificates
• A range of apps to assist you with everyday tasks e.g. a company notice board.

Mandatory update courses 

1. Conveyancing Practice

All members of the conveyancing team must complete this course, which covers any recent developments and updates in residential conveyancing law, policy and practice as well as any changes affecting transactions. It must be taken within six months of accreditation or joining the team.

2. Risk, compliance and client care

Again, within six months, all conveyancing staff must be trained on:

• Transparency rules for conveyancers
• Client care best practice
• The new code for completion by post
• Fraud risks in conveyancing