As a home-owner with a property that you wish to sell, you hope for the transaction to go through smoothly with the minimum of fuss, bother or extra costs. However, the law stipulates aspects that require your compliance to avoid prosecution. This guide will help you to keep on the right side of the law, outlining the legal requirements when selling a property.
Contract
The estate agent or conveyancer may assist you with drawing up the contract to sell a property. When the buyer makes an offer, it cannot come directly to the seller, but must be made via the estate agent if the latter has been hired to sell the property. If the sale is private, then the buyer would make an offer to the seller. This can be done informally, e.g., via a phone call.
In Wales and England, an offer may be subject to change prior to the signing of a legal transfer contract document. A subject to contract offer allows the buyer to decrease the price they are prepared to pay if any faults come to light before signing. If you live in Scotland, you’ll need to check the legal requirements, as the laws differ from the rest of the UK.
Energy performance certificates
The seller of a property must get an Energy Performance Certificate (EPC). This also applies to an owner renting a property or a newly built home. This certificate will remain valid for a full decade or until one of the above conditions occurs again (sale or rental, new dwelling built on the property).
An EPC declares the amount of energy a property uses and its average costs for energy. It also contains guidelines on ways to conserve energy and thus reduce costs. The property is rated from A to G (most to least efficient energy use).
Scottish landlords and sellers need to have the certificate displayed on the property, ideally in the cupboard that contains the meter.
EICR certificate
Another certificate related to energy that you’re not legally required to get, but that would reassure the buyer, is an EICR test. This will test electrical safety in your home. The EICR report checks the electrical installation in your home. An EICR will provide information on any defects that must be fixed before the certificate can be given.
Property title deeds
The property title deeds provide details of all the previous owners of a property. This documentation will have to be presented when you’re selling your home. HM Land Registry can assist if you don’t have the document on hand.
Property Information form (TA6)
The property information form is lengthy to complete, so you should start early. It must provide details of your tenant agreements if there are tenants and it’s a rental property. You need to share any warranties & guarantees to do with the house such as damp proofing work If you’ve had any problems or disputes with your neighbours, you have to include these as well as the boundaries of the property.
Fittings and Contents form (TA10)
This form is compiled by room or area. It lists anything that the seller is leaving behind that forms part of the sale. This could include appliances, carpets, curtains & other window dressings and light fittings. The outdoor areas must be covered too.
Possible documentation required
If any doors or windows have been replaced after 2002, you’ll need a FENSA certificate. A gas safety certificate is needed if the boiler has been changed from the original. You’ll also have to demonstrate that any extensions made to the property followed correct processes.
With all your ducks in a row, selling your property is a breeze.
[disclosure*]
