What do you have to declare when selling house 2024?

Sellers have a legal obligation to disclose any material factors that may influence a buyer’s decision to purchase a property. This includes significant information about a property’s structure, subsidence, history of flooding, issues with planning permissions, or boundary disputes. 

Material facts refer to any information that could affect the value, safety, or desirability of the property.

Even if as the seller, you believe the issue has been resolved or consider it a minor issue, it must be disclosed to the buyer. Failure to do so could lead to legal consequences if the buyer later discovers the issue.

In this article, we will cover all the mandatory and optional documents you should declare when selling your house.

What legal documents do you need to disclose when selling?

When selling a house, several legal documents must be disclosed to the buyer to ensure transparency and compliance with legal requirements. These documents provide important information to the buyer and the property and your right to sell it. Here’s a breakdown of the key documents:

Proof of Identity

Although your proof of identity is not directly shown to the buyer, it is an important document required by your solicitor or conveyancer to comply with anti-money laundering (AML) regulations.

This process ensures that the sale is legitimate and helps prevent fraud. You’ll need to provide a valid passport or driver’s licence along with a recent utility bill or bank statement as proof of your address.

Title Deeds

The Title Deeds are essential legal documents that prove ownership of the property. These need to be disclosed to the buyer to confirm that you are the rightful owner and have the legal authority to sell the property.

If your property is registered with the Land Registry, your solicitor can obtain an electronic copy. If not, you’ll need to provide the original deeds, which can be held by your mortgage provider if the property is not fully paid off.

TA6 Form (Property Information Form)

The TA6 form is a comprehensive document that provides key information about the property being sold. As the seller, you are legally required to complete and disclose this form to the buyer. It covers a wide range of topics, including:

• Property boundaries

• Ongoing disputes (such as neighbours)

• Planning permissions and building work

• Any known problems with utilities (water, gas, electricity)

• Environmental matters such as flooring risks.

The buyer relies heavily on the TA6 Form to understand the property’s condition, history and any potential legal or maintenance issues.

TA10 Form (Fixtures, Fittings, and Contents Form)

The TA10 form outlines what is included in the sale of the property. It specifies which fixtures (items fixed to the property, such as built-in appliances or light fittings) and fittings (movable items, like furniture or curtains) will remain when you leave. This helps the buyer understand exactly what they are purchasing and prevents any confusion after the sale is completed.

Shared freehold / Leasehold documents

If your property is leasehold or has a shared freehold arrangement, additional documents relating to the lease must be disclosed. This includes:

• The lease agreement, outlining the terms, duration, and any restrictions placed on the property.

• Details of ground rent and service charges (for leasehold properties).

• Information about the freeholder or managing agent.

• Any covenants or restrictions that may affect the use or development of the property. 

These documents are important as they affect the buyer’s legal rights and obligations regarding the property.

Do you need to disclose your building regs?

When selling a house, it’s essential to provide certain regulatory and compliance documents to ensure that all legal requirements are met and that the buyer is fully informed. These documents demonstrate that the property adheres to safety, environmental and building regs. 

Below are the key regulatory and compliance documents that must be disclosed during the sale:

Energy Performance Certificate (EPC):

The Energy Performance Certificate (EPC) is a mandatory document that must be provided by the seller when marketing a home for sale. The EPC assesses and rates the energy efficiency of the property on a scale of A (most efficient) to G (least efficient), providing insight into potential energy costs and environmental impact.

• The EPC must be available to potential buyers before any offers are made, and it is valid for 10 years.

• If you are selling the property to a cash buyer, or through an estate agent, the EPC is still a legal requirement.

• If the property has undergone major renovations or energy-saving improvements, a new EPC may be necessary to reflect the changes.

Building Regulation Certificates

If any alterations, extensions, or structural modifications have been made to the property, you must provide Building Regulation Certificates to show that the work was carried out in accordance with local building regulations and safety standards.

• This applies to any work that requires building control approval, such as electrical rewriting, new plumbing systems, loft conversions, or structural changes.

• Without these certificates, the buyer may be concerned about the safety and legality of the work, which could delay the sale or result in a price negotiation.

FENSA / CERTASS Certificates

FENSA and CERTASS are organisations that certify window and door installations, ensuring they comply with current building regulations.

If you have replaced any windows or doors since owning the property, you should provide FENSA or CERTASS certificates to prove that the installation meets legal standards for energy efficiency and safety.

These certificates are only a legal requirement if you have carried out window or door replacements. If you don’t have these certificates but such work was done, it’s still advisable to obtain a retrospective certificate or confirmation from a qualified surveyor.

Planning permission documents

If any changes or extensions have been made to the property that required planning permission, you must provide all relevant documentation as proof that the work was legally approved.

This includes permissions for major renovations, structural additions (like extensions or conservatories), or alterations to the building’s exterior.

Disclosing planning permission documents ensures that the buyer is aware of any modifications made to the property and that they were conducted in accordance with local regulations.

If any work was carried out without planning permission, it could lead to legal complications or enforcement actions, which must be disclosed to the buyer.

In addition to planning permission, if any significant building work has been completed, you should provide a completion certificate from the local authority to confirm that the work was inspected and approved upon completion. 

This document verifies that the project was finished in accordance with the approved plans and complies with all necessary regulations.

What other documents should you declare?

Beyond the essential legal and regulatory documents, there are several additional documents and disclosures that, while not legally required, can greatly influence a buyer’s confidence and decision-making process. These documents offer transparency about the property’s history, condition and surrounding area.

Manuals, warranties & guarantees

While supplying manuals, warranties and guarantees for appliances, systems or renovations in the property is not a legal requirement, it is often expected by buyers.

Providing user manuals for appliances (such as boilers, ovens or built-in systems) can help the buyer operate these systems correctly. If any appliances or systems are still under warranty (for example, recently installed kitchen appliances or home security systems), disclosing this information can give the buyer reassurance about their longevity.

Guarantees for recent building work (like new roofing, plumbing, or electrical systems) ensure that the buyer is protected if any issues arise. This can be a valuable selling point.

Home insurance

While not legally mandatory to disclose, providing information about your current home insurance coverage can be helpful to buyers, particularly if your property is in an area at risk of flooding, subsidence or other hazards.

If there have been any past insurance claims (for example, due to flood damage or a fire), disclosing this information can alert the buyer to potential risks or recurring issues with the property.

Some buyers may also want to know about the cost of insuring the property to assess future expenses.

Gas and Electrical Safety Certificates

While not always legally required for a residential sale, providing Gas Safety Certificates (for gas appliances) and Electrical Safety Certificates (for electrical systems) can give buyers additional peace of mind.

If you have installed or serviced gas appliances (such as boilers or gas stoves), it’s a good idea to include a Gas Safety Certificate from a qualified engineer. 

Similarly, an Electrical Safety Certificate verifies that the wiring and electrical systems are safe and up to code.

These documents are especially important if you have carried out any major renovations or if the property is being sold to a Buy To Let investor, as landlords are required to have these certificates.

Environmental compliance (if applicable)

In some cases, environmental regulations may apply, particularly for properties near protected areas, conversation zones or in areas at risk of flooding.

If your property is subject to environmental restrictions or if you’ve undertaken work to manage flood risks or protect wildlife habits, any related compliance documents should be disclosed to ensure the buyer understands the property’s unique obligations.

Additionally any history of a violent incident or death within the property should be disclosed, as this may affect the buyers perception.

Other neighbourhood concerns, such as high crime rates or if your neighbours have been issued an Anti-Social Behaviour Order (ASBO), should also be communicated. These issues could significantly influence a buyer’s decision and, if withheld, may lead to future disputes or claims of misrepresentation. 

Property history (violent incidents or deaths)

Although not always legally required, it is generally considered good practice to disclose any significant events that may affect the buyer’s perception of the property.

If there has been a violent incident, a serious crime, or a death within the property, informing the buyer can prevent future disputes or claims of misrepresentation. This is particularly important as such incidents may affect the property’s value or its appeal to certain buyers.

Neighbourhood concerns

Transparency about the surrounding area is key to maintaining trust in the transaction. While some issues may not be legally required to disclose, providing this information can prevent legal disputes.

• Crime rates: If the neighbourhood has a particularly high crime rate, especially incidents of violent crime or burglary, this should be communicated with prospective buyers.

• Anti-Social Behaviour Orders (ASBOs): If your neighbours or anyone in your direct local area has been issued an ASBO due to disruptive or anti-social behaviour, this could significantly influence a buyer’s decision.

• Noise complaints or disputes: If there are ongoing noise issues (such as loud neighbours or nearby construction) or if you’ve been involved in disputes with neighbours, it’s important to disclose this as it could affect the buyer’s experience of living in the property.

Rights of Way and Easements

You should disclose any existing rights of way or easements that allow others access to or through your property. For instance, if your neighbour has a legal right to cross your garden or driveway, the buyer needs to know about this to avoid future misunderstandings.

Easements such as utilities running beneath the property (for example, gas or water pipes) should also be disclosed, as they could restrict future building or renovations.

What happens if you don’t declare the right documents when selling?

If a buyer discovers problems with your property that were not disclosed before the sale, they may pursue legal action against the seller for misrepresentation or non-disclosure. This can lead to a range of complications, including financial penalties, compensation for the buyer’s losses, and considerable legal expense for the seller.

In more severe cases of misrepresentation or non-disclosure, the buyer may have the right to rescind the contract and cancel your sale altogether. This not only disrupts the current transaction but may also jeopardise your plans for purchasing another property. You could be forced to relist the property, incurring further costs and delays.

Additionally, failing to disclose important information can damage your reputation in the housing market. Word of dishonesty or withholding information spreads quickly, potentially deterring future buyers and resulting in wasted time, effort and money.

What happens if a seller lies on a property information form?

Providing false, inaccurate, or incomplete information on a property information form, or during direct inquiries, can have some serious legal consequences. This behaviour may result in a claim for compensation based on misrepresentation or breach of contract, as the seller is expected to provide truthful and complete information to prospective buyers.

Misleading a buyer falls under the Misrepresentation Act 1967. If the buyer can demonstrate that you provided false or misleading information, they are entitled to seek compensation. 

Crucially, the burden of proof is on the seller, meaning you must show that you did not mislead the buyer, intentionally or otherwise. If you are unable to do so, you may be liable for damages.

The damages awarded in such cases often represent the financial difference between what the buyer paid for the property and what its value would have been had the issues been fully disclosed. This can result in substantial payouts, sometimes amounting to 20% or more of the property’s sale value, depending on the nature and severity of the misrepresentation.

What should you do if your house sale falls through?

If your house sale falls through due to issues raised in a survey that weren’t disclosed initially, don’t worry! At The Property Buying Company, we can step in and quickly pick up where things left off.

We offer a guaranteed cash sale and can help you sell your house in as little as 7 days, with the flexibility to tailor the timeline to suit your needs. Unlike open market sales, where you rely on finding a buyer, we are the buyer, with cash funds readily available to buy your home.

The best part? We cover all your legal and selling costs, so even if you’ve already incurred solicitor fees from the previous process, you won’t have to pay a penny with us. Let us take the stress out of selling and help you move forward quickly and hassle-free.