The Legalities of Selling a Residential Property
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Although exciting, selling a property in the UK involves various legal obligations that must be considered and followed, ensuring that transparency is met and buyers are protected from any nasty surprises, such as hidden defects or issues in the property.
When you come to sell your property, several disclosures must be made to ensure that the process runs smoothly and in accordance with the law. Instructing Berlad Graham will mean that you are fully supported by a professional conveyancing lawyer with the knowledge, expertise and experience to guide you at each stage of the transaction.
Legal Disclosures When Selling a Property
Some of the key disclosures that must be made throughout the process of selling a property include:
Building and Planning Permissions
If your property has undergone significant structural alterations or renovations, you should disclose whether the necessary planning permissions and building regulations approvals were obtained to do so. In doing so, the buyers of your property will know whether there are any potential compliance issues.
Dispute or Complaint Information
As the seller, you should inform the buyer of any disputes or complaints related to the property or the neighbourhood. This information includes disputes with neighbours, planning disputes, or other legal issues.
Energy Performance Certificate (EPC)
An EPC outlines the property’s energy efficiency and makes suggestions for improvements. It is mandatory that you disclose this to your potential buyers, as the EPC rating of a property can affect its value. This is usually arranged by the estate agent selling your property but if you are selling without an estate agent it is something which you will need to arrange yourself.
Flood and Environmental Risk
If any factors such as flood risk, environmental contamination or ongoing neighbour disputes are relevant, this must be disclosed to the buyer.
This is only relevant to leasehold properties. If the property you are selling is leasehold, you should disclose all of the relevant information, including ground rent, lease terms, service charges and, if there are any, ongoing legal or financial disputes. There is a specific document which you will be asked to complete which sets out all of this information.
TA6 (Property Information) Form
When selling your property, you must complete a TA6 Form. This covers various aspects of your property, including alterations, disputes, boundaries, environmental issues and guarantees. You should provide detailed and accurate information about the property and any issues you are aware of. This document also requests information on gas, water, electricity and any other utility providers, including the provider and any ongoing contracts associated with the property.
TA10 (Fittings and Contents) Form
In this form, you, as the seller, should list all of the fittings and fixtures that will be included in the sale of the property. This clarifies what will be ‘left behind’ when you move out and the buyer moves in.
Title Deeds and Ownership Documentation
You must provide all the relevant title deeds, including evidence of your ownership and rights over the property. This includes various elements such as the Land Registry Title, Lease and other supporting paperwork pertaining to the property’s history. If the property is registered at the Land Registry, then most of the documentation can be obtained by your conveyancer directly. If the property is unregistered then you will need to provide the physical title deeds (often held by banks, building societies or solicitors for safe keeping)
Warranties and Guarantees
If you have any existing guarantees or warranties that will transfer to the new owner, this should be disclosed in the TA6 and copies of the documentation produced. This might include warranties for structural work or electrical installations. The property buyer will then have a better understanding of the extent of protection they have.
Residential Conveyancing Solicitors based in Uxbridge and Cumbria- able to act nationally
Entering a property transaction, whether as a buyer or a seller, is often one of the biggest steps a person can take. When selling your property, there may be more to consider than you first thought.
At Berlad Graham, we have decades of combined industry experience in helping people like you when selling their property. We are familiar with all aspects of the conveyancing process and using our knowledge of the legal world and our local community, we can assist you in completing your transaction effectively and efficiently.
We have offices in Uxbridge and Cumbria but we have consultants in various parts of the country and we are able to offer Conveyancing services for property anywhere in England and Wales.
We are accredited by The Law Society’s Conveyancing Quality Scheme (CQS), a recognised quality standard for SRA-regulated firms in residential conveyancing. It sets out the standards of competence, risk management and client service levels expected of practices.