Solicitors have been issued new guidance as differences between property and housing laws in England and Wales continue to grow.
The Law Society of England and Wales has published a new practice note to help lawyers determine which country’s rules apply when advising clients.
England and Wales remain a single legal jurisdiction. However, devolution has led to an increasing body of Wales-specific legislation.
The differences are particularly relevant to the property sector. England and Wales now have separate rules covering areas including taxation, social housing and landlord and tenant responsibilities.
As a result, solicitors working across the two countries need to identify the applicable legal framework when advising clients.
The guidance also covers education, where different statutory frameworks operate in England and Wales.
Law Society president Mark Evans said: “As Welsh law continues to develop, solicitors need to be alert to where the legal framework differs across England and Wales. While we remain one jurisdiction, divergence in areas such as property and education has real implications for practitioners and clients.
“Living close to the border and having previously worked in a cross-border firm, the development of guidance is essential to support our members.
“This practice note supports our ‘Distinct, Not Separate’ position by giving solicitors a practical tool to identify the correct legal framework and deliver accurate advice wherever their clients are based.”
Mark Davies, chair of the National Board for Wales, added: “Welsh law has developed significantly since devolution. Understanding where the law differs is important for solicitors working in England, Wales and cross-border.
“This guidance is a welcome step in bringing some of those differences together. As Welsh law continues to evolve, we hope to build on this work and look in more detail at specific areas of devolved law.”
