If you’re selling a property in the UK, there’s a number of legal processes you have to undertake, like providing specific and correct information about your property for the buyer. Whilst you’ll want to present your property in the best light to ensure you get the best price, there are certain factors that you legally have to declare. If you don’t, you could face legal and financial repercussions down the line.
Honesty really is the best policy when it comes to selling your property, to ensure a straightforward sale. Below are the things that you will legally have to declare to a potential buyer. Whether looking to sell your house online or via the traditional high street method, keep them in mind!
What Will Need to Be Declared When Selling a Property?
When you sell your property, you will need to complete a Property Information Form, commonly known as a TA6 Form, as part of the conveyancing process. Whilst it isn’t a legal requirement to fill out the form, not doing so will raise suspicion in the buyer and may put them off, as it will suggest you are trying to hide an issue with the property.
In recent years, the form has been updated and extended, so it now includes the following factors. If you are ever in doubt about what you should include on your TA6 form, you should discuss it with your solicitor to ensure you fill everything out correctly.
If you have had any official disputes with your neighbours where you have had to involve the local authority or the police, like noise complaints or boundary disputes, you will have to include this on the TA6 Form. You will also need to include whether any of your neighbours have ASBOs (anti-social behaviour orders) from the Police.
Planning Permission for Nearby Properties
You will need to note whether any nearby properties have planning permission or development coming up. This will include all properties near you, not just those that are immediately adjacent to your property.
Building Work that Has Been Done on Your Property
If you have had building work or any alterations done on your property, you will have to include the details on the TA6 form. This includes planning permission, and any building control certificates, or lack thereof.
If you’re building has problems with asbestos or high carbon monoxide levels, you will also need to include this on the TA6 form.
Major Problems Found by Previous Surveys
If your property has previously had problems with issues like flooding or subsidence, you are legally required to include this on the TA6 form. You will also need to include any issues you’ve had with pests, including invasive weeds like Japanese Knotweed.
Details of the Property Location
You will need to include details of the location of your property that might affect the buyer, like whether there is a motorway within view of the property, or if there is one planned, or whether the property is on a flight path, or if there is one planned.
What Happens If You Lie on a TA6 Form?
You may be tempted to lie on the TA6 form or omit telling the buyer about a potential issue. However, many problems will just come to light later on when surveys take place. Not only will this waste time when you might have to renegotiate a deal with the buyer, but they may also pull out of the sale completely and you will have to start the sales process from scratch.
If you lie about the kind of issue that is unlikely to come up on the survey, it is still likely to be discovered by the buyer down the line. If you don’t declare one of the above issues, and the buyer finds out after the sale has completed, they would be able to sue you under the Misrepresentation Act.
So, it’s best to always be transparent when declaring issues with your property. If you have a problem that you think is resolved, or if you aren’t sure whether it should or shouldn’t be included on the TA6 form, always discuss with your solicitor.
What To Do If You Have to Declare an Issue
Wherever possible, you should provide evidence to show that an issue has been dealt with. So, if you’ve previously had problems with Japanese Knotweed but have since had the plant professionally removed, you should provide details from the professional organisation that sorted it. Or, if you had previously had a dispute with a neighbour that is now resolved, you should provide the potential buyer with any written correspondence that can prove this.
How To Quickly Sell Your House That Has an Issue
If your property has one or more of the issues that you legally have to declare, you may struggle to sell your house quickly. In that case, an online estate agent like SOLD.CO.UK can be the ideal solution. We first market your property to our network of trusted buyers, many of whom have experience dealing with properties that might have issues like subsidence or flooding. We also have the funds to act as a cash buyer for your house.