When you put your home on the market, you are legally required to disclose certain information to potential buyers. The information you must disclose depends on whether you sell the property yourself or use an estate agent. If you plan to sell through an agent, they will be responsible for disclosing the relevant information to buyers. If you are unsure about anything you need to disclose, it is always best to seek legal advice.
Boundaries
The boundary of a property is the line that marks the edge of the land owned by the property owner. It's vital to know where the boundary lines are to determine how much land you own and your property rights.
If you're unsure about where your property's boundaries are, you can hire a surveyor to help you determine the lines. Once you know the boundaries, you'll need to disclose this information to potential buyers.
When disclosing boundary information, it's essential to be as accurate as possible. You'll need to provide the buyer with a property map that clearly shows the boundaries. You should also provide written descriptions of the boundaries, including any landmarks to help identify them.
Disputes or Complaints
If any disputes or complaints are filed against the property, the potential buyer has a right to know about them. This is because the buyer may be interested in knowing whether any outstanding issues could potentially affect their purchase.
It is crucial to be upfront and honest about any disputes or complaints filed against the property. If you try to hide this information, it could come back to bite you later on.
Notices and Proposals
Another thing you must disclose is notices you have received from the local authority or water company, as well as any proposals for significant changes to the property that could affect its value or desirability.
The first step is to check whether there are any notices or proposals that could affect the sale of your home. These could include plans to build a new road or railway line nearby or carry out major works on the property. If you know of such plans, you must disclose them to potential buyers.
Alterations, Planning and Building Control
If any alterations have been made to the property since it was built, these must be disclosed to potential buyers. This includes any changes to the internal layout of the property, as well as any external additions or modifications.
If any planning permission is required to make any alterations to the property, this must also be disclosed to potential buyers. This includes permission for any changes to the use of the property and any changes to the property's appearance.
If any building control permission is required to make any alterations to the property, this must also be disclosed to potential buyers. This includes permission for any changes to the structure of the property and any changes to the installation of any services.
Guarantees and Warranties
A guarantee is essentially a promise made by the seller that the property is free from defects or damage. This means that if there are any problems with the property, the seller is liable for repairing them. A warranty is similar to a guarantee but is usually provided by the manufacturer or builder of the property rather than the seller.
Insurance
When selling your home in the UK, you must legally disclose all information regarding the property's insurance coverage. This includes any and all claims made against the policy, as well as the current status of the policy. If you are not up to date on your payments, or if the policy has lapsed, you must also disclose this information to potential buyers.
Environmental Matters
As a seller, you have a duty to disclose any information that could materially affect the property's value. Environmental issues can fall into this category, so it's essential to be upfront about any potential problems.
There are a number of environmental issues that could affect a property, such as:
- Contamination from hazardous substances
- Ground stability issues
- Flood risk
- Radon gas
If you're not sure whether an issue is classed as an environmental concern, it's always best to err on the side of caution and disclose it. This will ensure that buyers are fully informed about the property and can make a more informed decision about whether to proceed with the purchase.
Rights and Informal Arrangements
Another thing you must disclose is your rights as the seller, as well as any informal arrangements that you have made with the buyer.
As the seller, you have the right to set the asking price for your home. You also have the right to accept or reject any offer that is made to you. If you accept an offer for your home, you are legally bound to sell the property to the buyer at that price.
You must also disclose any informal arrangements you have made with the buyer. This includes any agreement you have made to sell the property below the asking price or any agreement to sell the property subject to certain conditions.
Parking
If you have a driveway or garage, you must disclose this to potential buyers. If you do not have any off-street parking, you will need to let potential buyers know they will need to find street parking.
If you have any restrictions on parking, such as a residents-only permit, you will need to disclose this to potential buyers. This is especially important if the parking restrictions are severe, as it may deter some buyers from considering your property.
Connections to Utilities and Services
Potential buyers will want to know if your property is connected to mains water, gas and electricity. They'll also want to know if a working sewerage system is in place.
You'll need to provide proof of your property's connections to these services. The best way to provide proof of this is to obtain a certificate from your utility provider. This certificate will list all of the services that your property is connected to.
It's essential to be honest about your property's connections to utilities and services. If you're not, you could be liable for any damages that occur as a result of your misrepresentation.
Final Thoughts
It is essential to be aware of the legalities of selling a home in the UK. There are certain things that you must legally disclose to potential buyers, such as the property boundaries, environmental matters, connections to utilities and services and any other information that could affect the sale. Failure to disclose this necessary information could result in serious legal consequences. If you are considering selling your property, it's best to consult with a conveyancer to ensure that you comply with all the relevant laws and regulations.
Find the best conveyancing solicitors on Conveyancing Calculator to help you with the legalities of selling a home. We provide instant online residential conveyancing quotations using our trusted and accurate Conveyancing Fees Calculator. All of our online conveyancing quotes are provided by SRA-regulated solicitors and licensed conveyancers across the UK. Get in touch with us today!
Trackback URL
The Trackback Address for What You Must Legally Disclose When Selling a Home in the UK is:
