Compulsory face-to-face legal advice has been reintroduced in the UK for individuals considering an equity release product. This decision follows increasing concern that remote consultations, whether conducted by phone or video, may not provide adequate protection for homeowners. In particular, they may fall short in confirming the borrower's full understanding, mental capacity, or the absence of coercion.

During the Covid-19 pandemic, the industry temporarily permitted remote legal advice to maintain continuity. However, in April 2022, the Equity Release Council reinstated its requirement that all borrowers must attend at least one in-person consultation with an independent solicitor. This measure applies to all new equity release applications submitted from 00:01 on 19 April 2022.

The return to in-person legal advice reinforces industry standards aimed at improving consumer safety. It ensures that complex issues such as compounding interest, the impact on inheritance, and long-term repayment structures are clearly explained in a setting that promotes thorough understanding and legal accountability.

Let us explore the reasons behind the decision and the potential benefits for homeowners looking to release equity from their homes.

What Is an Equity Release Loan?

An equity release loan allows homeowners aged 55 or over in the UK to unlock the value tied up in their property without having to sell or move home. The most common form is the lifetime mortgage, which accounts for over 99 percent of equity release plans in the UK market³.

Key Features

• Eligibility and ownership
  You remain in full ownership of your home. Lifetime mortgages require you to be at least 55 years old and own a property typically worth at least £70,000 to £75,000, depending on the provider⁴.
• Flexible funding options
  You can receive funds in one single lump sum, use a drawdown model to take money in stages, or combine both methods⁵.
• Repayment structure
  Loan capital and accrued interest are repaid from the sale of your home after you pass away or enter long-term care. Most plans include a “no negative equity guarantee,” so you will never owe more than the sale proceeds⁶.

Why People Use Equity Release

• Supplementing retirement income
  Homeowners aged 55+ hold approximately £3.7 trillion in property wealth, or around 70 percent of UK housing wealth, making equity release a powerful source of financial support in retirement⁷.
• Servicing debts or funding life events
  Many borrowers use equity release to repay existing mortgages, clear debts, generate income, or fund spending needs such as holidays and home improvements. 

Learn More: What is Equity Release and How Does it Work in the UK?

Is Equity Release Legal Advice Mandatory in the UK?

Yes. In the UK, independent legal advice is a mandatory requirement for anyone entering into an equity release arrangement.

According to the Equity Release Council’s legal rules, borrowers must obtain independent legal advice from a solicitor before completing an equity release plan. The solicitor is required to issue a Solicitor’s Certificate, which confirms that:

• The key risks and obligations of the equity release plan have been fully explained,
• The borrower has mental capacity and is not under duress or undue influence,
• The borrower has had at least one face-to-face meeting with the solicitor for this purpose.

The certificate must be in place before the plan completes, unless the borrower is simply porting an existing plan, in which case a solicitor would still need to handle conveyancing duties.

This legal advice requirement sits alongside mandatory regulated financial advice from an FCA-authorised equity release adviser. The adviser ensures the plan is suitable and complies with rules under MCOB 8.6A of the FCA handbook, while the solicitor ensures legal clarity and consumer protection⁸.

Is Face-to-Face Legal Advice Required for Equity Release?

Yes. In the UK, borrowers are required to receive legal advice in person from an independent solicitor before finalising an equity release agreement. This requirement is set by the Equity Release Council and is designed to provide legal safeguards that go beyond standard documentation.

Why In-Person Legal Advice Matters

Face-to-face legal consultations offer a level of protection that remote meetings cannot guarantee. The solicitor’s role is not limited to explaining the legal documentation. They must also verify the borrower’s identity, assess their mental capacity, and confirm that they are not being coerced or misled.

Key areas covered during the in-person meeting include:

• Explaining the legal implications of the equity release product, such as compound interest, inheritance impact, and repayment obligations
• Reviewing the terms of the mortgage or reversion agreement
• Addressing early repayment charges, future borrowing restrictions, or entitlement effects on means-tested benefits
• Ensuring that the client understands key concepts and is making the decision freely

The solicitor must also provide a signed Solicitor’s Certificate confirming that legal advice was provided independently and face to face. Without this, the transaction cannot proceed to completion under the Equity Release Council’s standards.

How Much Does Equity Release Legal Advice Cost?

The legal fees for equity release advice typically range from £650 to £1,500. Costs may vary based on the property type, location, or complexity of the plan. Additional fees may apply for:

• Leasehold property conveyancing
• Property title searches or Land Registry updates
• Home visits, if required

Most solicitors offer a fixed-fee service and may allow the fee to be deducted from the equity released. However, this reduces the total available funds. According to MoneyHelper, you should request a full quote in writing and ensure it includes all disbursements and VAT⁹.

How to Choose an Equity Release Solicitor

Selecting the right solicitor is crucial. The solicitor must be independent of the equity release provider and familiar with the specific legal rules governing these financial products. Consider the following criteria:

1. Equity Release Specialism
   Work with a solicitor who regularly handles lifetime mortgages or home reversion plans. General conveyancing experience is not sufficient.
2. Membership in the Equity Release Council or ERSA
   Look for solicitors affiliated with the Equity Release Solicitors Alliance (ERSA) or who comply with the Equity Release Council’s legal framework. This ensures the solicitor meets the standards required for equity release transactions.
3. Regulatory Compliance
   Ensure the solicitor is authorised and regulated by the Solicitors Regulation Authority (SRA). Legal advice must be delivered separately from any financial advice, which should come from a Financial Conduct Authority (FCA)-regulated adviser.
4. Ability to Offer Home Consultations
   If mobility or location is an issue, confirm the solicitor provides home visits. This is particularly important for those who may not be able to attend a firm’s office in person.
5. Transparency and Communication
   Choose a solicitor who is responsive, provides clear explanations, and offers itemised billing in advance. Avoid firms that delegate the consultation to unqualified staff.

The reinstatement of face-to-face legal advice is more than a procedural formality. It is a critical part of ensuring that homeowners entering equity release arrangements do so with full legal understanding and appropriate protections.

Why Is Independent Legal Advice Important for Equity Release?

Independent legal advice is vital for several reasons. It ensures homeowners fully understand the legal commitments of equity release, protects their interests, and guarantees both parties’ obligations are properly explained and upheld.

1. Reducing Risk of Poor Advice

The Financial Conduct Authority found that advice in the equity release market often failed to consider a customer's personal circumstances. Many advisers used "form‑filling" rather than genuinely assessing suitability. In some cases, crucial alternatives were not considered, which can leave homeowners exposed.

2. Safeguarding Vulnerable Clients

Analysis by the Equity Release Council underscores the solicitor’s role in protecting vulnerable individuals. In a 2024 report featuring over 300 in-person legal consultations, 44 percent involved health-related concerns and 23 percent involved mental capacity issues. Nearly one in four cases included multiple vulnerability indicators¹⁰.

3. Three-tiered Consumer Protection

The Equity Release Council highlights a three-tiered structure of protection: regulated financial advice, independent legal advice, and built-in product safeguards such as the no-negative-equity guarantee. This structure significantly reduces complaints; equity release accounts for less than 2 percent of total home finance complaints, with only two upheld out of 38 at the Financial Ombudsman Service in a recent year¹¹.

4. Ensuring Long-term Financial Understanding

Research from the FCA emphasises that equity release is one of the most significant financial decisions homeowners make later in life, with long-lasting effects. Poor outcomes include over-reliance on compounding interest, early repayment charges, and reduced ability to downsize in the future. Solicitors play an essential role in helping borrowers see the long-term impacts and weighing equity release against alternatives.

Why Was In-Person Legal Advice Reintroduced by the Equity Release Council?

The Equity Release Council reinstated the requirement for in-person legal advice to restore pre-pandemic consumer protection standards and improve procedural clarity across the industry.

During the Covid-19 pandemic, solicitors were permitted to advise clients remotely. While this allowed transactions to continue, it introduced inconsistencies and weakened safeguards around capacity assessment and undue influence. The Council determined that virtual meetings could not consistently meet the legal and ethical standards required in equity release transactions.

Another key driver was the administrative burden of maintaining two legal advice pathways: one for remote consultations and one for face-to-face meetings. This dual approach led to confusion and variation in the certification process, affecting both solicitors and advisers. Reinstating a single, in-person standard simplifies compliance and ensures consistency.

The Council also recognised that reintroducing physical legal consultations would help rebuild confidence among older homeowners and their families, reinforcing the sector’s reputation for robust consumer protection.

When Did Face-to-Face Legal Advice Become Mandatory Again?

Face‑to‑face legal advice for equity release was fully reinstated on 19 April 2022, following the lifting of COVID‑19 restrictions in the UK. This date marks the end of the temporary remote-advice provisions introduced in April 2020.

What Changed on 19 April 2022

• All new equity release applications submitted from that date are required to include at least one in-person consultation with an independent solicitor.
• Cases that had already begun under the remote-advice rules were permitted to continue but had to complete the full legal process, including in-person advice, by 31 July 2022¹².
• According to trade data, most equity release transactions in early 2022 already involved face-to-face legal consultations, suggesting the market was well prepared for the change.

Why This Date Matters

The reinstatement date is significant because:

1. It reintroduced a consistent standard specifically requiring in-person legal advice for equity release, reinstating protections that were temporarily relaxed.
2. It clarified that remote-only interaction is no longer acceptable for new plans, aligning all new cases with the original 2013 requirement.
3. It reinforced industry-wide compliance and restored the single-certification system for face-to-face legal advice.

Borrowers proceeding with equity release post‑April 2022 should expect and prepare for an in-person meeting with a solicitor. It’s essential to ensure a fully informed decision and successful completion of documentation.

Common Questions

In Conclusion

Equity release is a long-term financial commitment that can affect your estate, inheritance planning, and future housing options. For this reason, independent legal advice is not just a regulatory requirement but a critical safeguard.

The return of compulsory face-to-face legal consultations ensures that homeowners receive clear, tailored advice before proceeding. In-person meetings allow solicitors to assess comprehension, verify mental capacity, and confirm that borrowers are making fully informed decisions free from external pressure.

While the Covid-19 pandemic temporarily changed how legal advice was delivered, the industry’s shift back to in-person standards reflects a renewed commitment to consumer protection and professional rigour.

Homeowners considering equity release should engage with both a qualified solicitor and a regulated financial adviser as early as possible. Doing so ensures that all legal implications are clearly understood and that the chosen product genuinely meets their long-term needs.

Looking for a clearer understanding of the terms mentioned in this article? Explore our Equity Release Glossary — your quick, jargon-free guide to all the key concepts, so you can feel confident and informed every step of the way.