What Sellers Must Disclose Before You Buy a House
When buying a house, you should not have to discover an important property problem after moving in. Sellers and estate agents must provide certain information that could affect your decision to view, offer on or purchase the property.
However, seller disclosure does not replace your own property survey, conveyancing searches and legal enquiries. Sellers can normally disclose only what they know, while some structural, legal or environmental problems require professional investigation.
Simple answer: A seller must answer formal property enquiries truthfully and accurately from their own knowledge. An estate agent must not hide or misleadingly present material information that could affect your buying decision.
This guide mainly explains the home-buying process in England and Wales. Scotland and Northern Ireland use different property forms and legal procedures.
When Should Property Information Be Disclosed?
Information can reach you at different stages. You should not assume that everything will appear in the original property listing.
| Buying stage | Information you may receive |
|---|---|
| Property listing | Price, location, tenure, property characteristics and important facts known to the estate agent. |
| Before making an offer | Answers from the estate agent or seller about the lease, chain, charges, previous flooding, alterations or known concerns. |
| After your offer is accepted | The TA6 Property Information Form, TA10 Fittings and Contents Form and, for leasehold property, the TA7 form and management information. |
| During conveyancing | Title documents, searches, certificates, guarantees and replies to additional enquiries raised by your conveyancer. |
If important information could reasonably change whether you view, offer or continue with the purchase, it should not be deliberately hidden until the last moment.
What Is Material Property Information?
Material information means information an average buyer may need to make an informed decision. It could affect whether you are interested in the property, how much you offer or whether you can obtain a mortgage.
Depending on the property, material information may include:
- Whether the property is freehold, leasehold, commonhold or shared ownership
- The remaining lease length
- Service charges, ground rent or estate management charges
- Restrictions affecting how the property can be used
- Known flood risk or previous flooding
- Non-standard construction
- Access rights, shared driveways or public footpaths
- Major planned works affecting a leasehold building
- Building safety or cladding concerns
- Parking restrictions or the absence of expected parking rights
Under current consumer protection rules, an estate agent must not give misleading information or omit an important fact where doing so could affect a buyer’s decision.
What Is the TA6 Property Information Form?
Following an accepted offer, the seller will usually complete the TA6 Property Information Form. It is used for most standard residential sales in England and Wales.
The current TA6 sixth edition replaced earlier versions for new Conveyancing Quality Scheme transactions from 30 March 2026. Sellers are instructed to answer its questions truthfully, completely and as accurately as possible from their own knowledge.
The TA6 normally covers:
- Property and seller details
- Boundaries and responsibility for fences or walls
- Neighbour disputes and complaints
- Notices affecting the property
- Extensions, alterations and building work
- Guarantees and warranties
- Insurance difficulties or claims
- Environmental matters, including flooding and invasive plants
- Rights, access and informal arrangements
- Parking arrangements
- Utilities and service connections
- The property chain and completion arrangements
Important: A “yes” or “no” answer is a statement on which a buyer may rely. Where the seller genuinely does not know, the form may allow them to answer “not known”.
Important Problems a Seller Should Reveal
Neighbour and Boundary Disputes
The seller should disclose known disputes or complaints involving neighbours. This could include arguments about boundaries, noise, parking, shared access, trees, fences or building work.
A disagreement does not need to have reached court before it becomes relevant. Written complaints, council involvement or a long-running dispute may all matter to a buyer.
Flooding and Environmental Problems
The seller should answer questions about known flooding from rivers, surface water, groundwater, drains or coastal sources. Relevant flood reports, insurance difficulties and flood protection work should also be provided where available.
Known Japanese knotweed or an existing treatment and management plan should also be disclosed in response to the relevant questions.
Alterations and Building Work
The seller should provide information about extensions, loft conversions, removed walls, new windows, electrical installations and other significant work.
Supporting documents may include:
- Planning permission
- Building Regulations approval and completion certificates
- Listed building consent
- Party wall agreements
- FENSA or CERTASS certificates
- Electrical installation certificates
- Guarantees and warranties
Missing approval does not automatically mean you must abandon the purchase, but your conveyancer and surveyor should investigate the risk.
Insurance and Previous Claims
The seller may be asked whether the property has been difficult or unusually expensive to insure, whether special insurance conditions were imposed and whether any claims remain open.
This can reveal previous flooding, subsidence, structural movement or other risks that may also affect your mortgage.
Extra Disclosures When Buying a Leasehold Property
A leasehold seller will normally complete the TA7 Leasehold Information Form alongside the TA6. Further information is usually supplied by the freeholder or managing agent through a leasehold management pack.
Buyers should check:
- How many years remain on the lease
- The current service charge and payment history
- Ground rent and any review provisions
- Planned major works and expected contributions
- Reserve or sinking fund balances
- Building insurance arrangements
- Restrictions on pets, alterations or letting
- Building safety and cladding documentation where relevant
- Any disputes involving the freeholder or managing agent
- Whether service charge or ground rent payments are outstanding
Buyer alert: A low current service charge does not guarantee that future costs will remain low. Ask whether consultations, major repairs or service charge increases are being planned.
What Sellers Do Not Automatically Guarantee
A seller is not normally expected to diagnose every structural or technical defect. They may not know what is behind a wall, beneath the floor or inside the drainage system.
The seller’s answers are therefore not a replacement for:
- An independent house survey
- Local authority and environmental searches
- Drainage and water searches
- Specialist damp, roof or structural inspections
- Electrical or gas safety checks
- Your conveyancer’s review of the title and contract
A mortgage valuation is prepared primarily for the lender. It is not a detailed building survey for the buyer.
Questions Buyers Should Ask in Writing
Important questions are better asked through your estate agent or conveyancer in writing. This creates a clear record of the answer.
Questions about the property
- Has the property ever flooded?
- Have there been any problems with damp, subsidence or structural movement?
- What alterations have been completed, and are certificates available?
- Have any insurance claims been made?
- Are there shared access arrangements or private roads?
Questions about neighbours and the area
- Have there been any formal or ongoing neighbour disputes?
- Are there unresolved boundary or parking disagreements?
- Has the seller received any planning, enforcement or compulsory purchase notices?
- Are there known development proposals nearby?
Questions for flat buyers
- Are major works planned for the building?
- Has a Section 20 notice been issued?
- Are service charge increases expected?
- Are there building safety or cladding concerns?
- Has the seller disputed any service charge or management decision?
If an answer affects your decision, send it to your conveyancer and ask for it to be formally confirmed before exchange of contracts.
What If the Seller Fails to Disclose a Problem?
If you discover missing or inaccurate information before exchange, pause and ask your conveyancer to investigate. Depending on the seriousness of the issue, you may:
- Request documents or clearer written answers.
- Arrange a specialist inspection.
- Obtain quotations for repairs.
- Ask the seller to resolve the problem.
- Renegotiate your offer.
- Withdraw before exchange if the risk is unacceptable.
If a seller gives an inaccurate statement and you rely on it when buying, there may be a potential misrepresentation claim. The available response depends on what was said, whether the seller knew it was incorrect and the loss suffered.
Keep the property listing, emails, messages, TA6 form, survey and conveyancing correspondence. These may be important if a disagreement arises after completion.
The Smart Buyer Approach
Seller disclosure is one part of your property checks, not the complete investigation. Read every form, compare the answers with the property listing and survey, and question anything that appears unclear or inconsistent.
Key takeaway: Do not rely only on what you are told during a viewing. Ask important questions in writing, commission the right survey and make sure your conveyancer investigates the answers before exchange.
ADVAITH HOMES can help you understand property information, prepare questions and identify the professional checks that may be appropriate before you commit to buying.
Official Property Information
Further information is available from the GOV.UK guide to selling a home and the Law Society TA6 explanatory notes.