What Do You Have to Declare When Selling a House?

Full disclosure is a critical part of the selling process. Selling a property if complex enough, meaning declaring certain information can sometimes be overlooked.

The law requires sellers to provide certain information about their property to ensure that buyers are making informed decisions. If you’re planning to sell a house, it’s important to understand what you’re legally required to declare and how full disclosure can impact the process. Below is our comprehensive guide on what you must declare when selling a property in England, Scotland or Wales.

Why is full disclosure important in property sales?

Disclosure helps prevent legal disputes after a sale. By ensuring the buyers have a crystal-clear understanding of a property’s history and potential issues, they are in the best position to make an offer.

It’s important for sellers to be completely transparent about any defects or disputes, current or historical, to the best of their knowledge. Any information that could affect a buyer’s decision to proceed should be reported. 

In the UK, failing to declare certain information can lead to legal implications under the Misrepresentation Act 1967. Misrepresentation occurs when a seller provides false or incomplete information that influences the buyer’s decision, potentially allowing the buyer to seek compensation or even reverse the sale.

Key declarations for property sellers

In England, Wales, and Scotland, sellers are legally required to disclose the following main areas:

Property defects and structural issues

Sellers are required to disclose any known structural defects in the property, whether relating to the roof, walls, foundation, plumbing, or electrical systems.

Any common defects that may be disclosed would include damp or mold, subsidence, cracks in the walls, faulty wiring, or any recent repairs – especially if they are continuing problems.

Buyers need to know if they’ll be inheriting costly repairs or potential hazards by purchasing a property. Even if the buyer arranges their own survey, it’s still the seller’s duty to disclose known issues to avoid legal repercussions.

Neighbour disputes and nuisances

Sellers must disclose any ongoing disputes or problems with neighbours that might impact the buyer’s quiet enjoyment of the property. This could include boundary disputes, noise complaints, ongoing conflict over shared access, or issues with parking.

Buyers need to be aware of any issues and assess whether it will impact them should they purchase the property.

Renovations and building regulation compliance

Buyers should declare any changes or improvements that have been made to the property, particularly if they needed planning permission or building regulations approval.

Structural changes, extensions, conversions, or any significant work done without proper permissions should also be disclosed.

If permission wasn’t obtained for any work completed, the buyer could face unexpected fines or be required to remove unapproved changes if they purchase the property. Sellers should provide documentation for all work carried out legally.

Environmental hazards and flood risks

Any environmental factors that have impacted a property, historical and current, should be detailed for the potential buyers. This can include, but isn’t limited to, flooding, asbestos, contamination and Japanese Knotweed.

Buyers need to be aware of these risks, as they can impact insurance premiums, property value, and safety.

Planning permissions and local development

Information regarding local development plans or permissions that could affect the area should be disclosed to the buyer. For example, the building of new roads, housing developments, or large-scale infrastructure projects.

Buyers may be deterred by the potential disruption or changing nature of the neighbourhood, which could also affect future property value.

Title deeds and ownership disputes

The seller must declare the legal ownership and clarify if there are any disputes over property boundaries or ownership rights. This is particularly important with leasehold properties which have shared communal areas.

Sellers should provideclear details on legal ownership and have the paperwork to support this. Any ambiguity can delay or even prevent a sale from progressing.

Additional disclosures on the Property Information Form (TA6 Form)

In England and Wales sellers can, as part of the conveyancing process, disclose details via the TA6 Property Information Form.

The primary tool for disclosure is the TA6 Property Information Form and it is part of the conveyancing process. This form is comprehensive, covering various aspects of the property, including:

• Utilities suppliers including water, gas, electricity and drainage
• Boundaries and who is responsible for maintaining them
• Information on easements, shared driveways, paths or communal areas
• Previous insurance claims for the likes of fires, flooding or subsidence
• Listed building details and conservation area status if applicable

Sellers need to complete this form honestly and to the best of their knowledge. Failure to provide an accurate information on the TA6 form can lead to claims for misrepresentation.

Differences in disclosure requirements in Scotland

In Scotland, the disclosure process is slightly different due to its distinct legal system. Key aspects include:

Home report

Sellers Scotland are required to provide a Home Report, which includes a survey, an energy report, and a property questionnaire. This gives prospective buyers detailed information about the property’s condition.

Property questionnaire

This questionnaire is part of the Home Report and addresses additional details about council tax, parking, local services and past repairs.

Legal duty of care

Just like in England and Wales, sellers in Scotland have a legal duty to provide accurate information in the Home Report. Any misrepresentation can lead to liability as the Home Report is the primary disclosure document for Scottish buyers and lenders.

Practical tips for sellers on property declarations

1.      Be transparent and accurate

Being honest and upfront about any issues is key. Always err on the side of caution and give too much rather than too little information. Buyers will appreciate transparency, which can also expedite the sale.

2. Document all disclosures

Keep records of any information disclosed in writing, whether through the TA6 form, correspondence, or any other documentation. This can protect sellers if disputes arise post-sale.

3. Consider a pre-sale survey

Sellers may benefit from commissioning their own survey before putting the property on the market. This can identify any areas requiring repair or declaration and show commitment to transparency.

4. Consult a property solicitor

If a seller is unsure about any aspect of disclosure, they may want to consult with a property solicitor to ensure legal requirements are met. They can provide guidance on what to declare and help prepare any necessary documents.

The consequences of failing to disclose

Sellers that fail to disclose necessary information can face serious consequences. If a buyer feels misled, they may take legal action which could result in:

• Compensation
• Financial penalties
• Reversal of sale

It’s in the seller’s best interest to be transparent from the start of the process. Due to the surveys and investigations that will take place during a sale it is likely that any undisclosed information will come to light. This may put buyers off if they believe the detail was purposefully hidden from them. 

Final thoughts

Selling a house in the UK, particularly in England, Scotland, or Wales, comes with responsibilities around disclosure that cannot be taken lightly. By ensuring that buyers have access to accurate and complete information, sellers can help to facilitate a fair and smooth property transaction.

From property defects and neighbourhood disputes to environmental risks and title clarity, declaring the right information not only satisfies legal obligations but also builds trust with potential buyers.

At SellHouseFast.co.uk we buy any house, regardless of its location, size or condition. From homeowners to buy-to-let investors, we are best placed to sell your home fast, and it all starts with a free cash offer.