If you’re thinking of selling your house, there are a few legal considerations to take into account before you list your property on the market. In this blog post, we’ll break down what you need to legally disclose when selling a house in the UK, from essential paperwork to any problems that could affect the sale.
How do I go about disclosing things that need to be disclosed?
Typically, this is all given on the Property information Form (TA6). A Property Information Form (TA6) is a document used by conveyancing solicitors in England and Wales as part of the conveyancing process when buying or selling a property. The TA6 is signed by the seller of the property and provides details about the state of the property, including any legal notices or leases, and information about the seller’s legal title.
This TA6 form covers the following aspects:
- Information on property boundaries
This must include boundary features and any disputes. A boundary feature can be a fence, wall, hedge, ditch, piece of wire, or sometimes even just the edge of a driveway. - Shared areas with neighbours
Relating to both informal and formal agreements. - Changes made to the property
Including extensions and other alterations. This includes planning permission details and building control completion certificates
- Guarantees and warranties which affect the property
- Disputes or complaints made by the seller towards neighbours
It is crucial to let prospective buyers know about any neighbour issues that have had any authorities involved. If you don’t, you expose yourself to future legal action from the purchasers. (This also extends to complaints from neighbours about the seller). - Details of the occupiers of the property
- Environmental matters including flooding issues
The most important thing to note in this situation is that you must disclose not just if water entered your property but also any effects it may have had on your garden, driveway, or nearby land. - Building insurance details
- Any known structural issues concerning the property
This can be anything from Japanese knotweed all the way to pest problems - Proposals for nearby development and construction (if applicable)
This takes into account current and future flight paths and current or future busy roads or motorways - Any known burglaries in the neighbourhood and other known crime rates, including known violent deaths nearby
- Council tax bands
- Issues with previous sales falling through and the reasons for this
An estate agent has a duty to tell prospective buyers why a sale has fallen through. This information is taken from the TA6 form.
- Connection to utilities and other services
You must provide who is presently providing utilities and services to the property, as well as, if appropriate, the position of the metre.
- Services
This covers the utilities provided to the property, such as the central heating, drainage, and sewage systems. If any of these services have been improved or tested, please mention it here. You will also be required to present any necessary certificates.
- Cladding issues
You will need to declare if you are experiencing or have had any cladding issues. It will be necessary for you to take extra measures to confirm if the cladding poses a fire risk or not because, without that knowledge, it might be very challenging to sell the house.
Summary
There are a number of things that need to be declared when selling a property. It’s easy to think that omitting information or slightly fudging the truth could make things move quicker but it really could come back to bite you.
Under the Misrepresentation Act 1967, The onus of proving deception has moved from the buyer to the seller. This implies that if the buyer makes a claim against you, it is your responsibility to demonstrate that you did not intentionally lie on the form.
Thinking about selling your property? Get in touch with us today.
