The conveyancing process can often be long and complex if the appropriate procedures are not followed correctly. As part of any transaction, there are specific legal obligations that sellers must follow to ensure transparency for all parties and protect the buyer(s) from potential hidden defects or issues with the property.
In this article, our residential property team, based in Blackheath, looks at some of the critical aspects that must be disclosed when selling a residential property.
What legally must be disclosed when selling a residential property?
- Building and Planning Permission
Sellers are required to reveal whether any substantial modifications or renovations made to the property were done in accordance with the necessary planning permissions and building regulations in force at the time. With this, buyers are made aware of any possible compliance issues.
- Energy Performance Certificates (EPC)
Potential buyers must be supplied with an Energy Performance Certificate (EPC), which evaluates the energy efficacy of the property and suggests areas for improvement.
- Environmental and Flood Risk
It is a requirement for sellers to make known any environmental pollution or details regarding the property’s susceptibility to flooding that could affect the buyer’s decision.
- Fittings and Contents Form (TA10) Form
This document necessitates that sellers itemise all fixtures and fittings incorporated into the sale of the property. It provides clear information about what will remain in the property and what will be removed prior to completion.
- Guarantees and Warranties
Sellers must reveal any prevailing guarantees and warranties that will be passed on to the new owners such as those for any structural work, plumbing or electrical installations. These help buyers understand the level of protection they will have after purchasing the property.
- Information about Disputes or Complaints
Sellers must notify potential buyers if there have been any conflicts or grievances connected to the property or its surrounding area. Such information might include arguments with neighbours, planning disputes or other legal issues.
- Leasehold Information (If Applicable)
In the case of leasehold properties, sellers must provide relevant information, including the term of lease, ground rent, services charges (including any proposed major expenditure) and any existing legal or financial disputes.
- Property Information Form (TA6 Form)
The TA6 Form is a vital document that sellers must fill out that addresses several facets of the property including ownership of boundaries, access, parking, services, disagreements, modifications, guarantees and environmental factors. Sellers are responsible for offering precise and comprehensive details about the state of the property and any identified issues.
- Title Deeds and Ownership Documentation
Sellers must supply all relevant title deeds that serve as proof of ownership and rights enjoyed by the property. These encompass documents such as the Land Registry Title, Lease (if relevant) and any other corroborative documents linked to the property.
- Utilities and Service Providers
Sellers are expected to provide details about utility providers, including gas, water, electricity and any existing contracts tied to the property.
Residential Conveyancing Solicitors in South East London
At Beverley Morris & Co., we have been supporting clients with all aspects of their residential conveyancing in Blackheath and surrounding areas, including Lewisham, Vanbrugh Park, Hither Green, Eltham and Deals Gateway.
We have an intricate understanding of the legal processes and requirements associated with South East London’s complex property market. Our solicitors and licensed conveyancers are well-versed in reviewing and preparing all of the necessary documents involved in the process, ensuring that your transaction runs as smoothly as possible.
Whether you are selling a residential property or seeking to purchase your dream home, our proficient property teams are dedicated to achieving outstanding outcomes. Feel free to contact a member of one of our teams today to discuss the optimal path forward for your situation.
You can call 020 8852 4433 or email enquiries@beverleymorris.co.uk.