What Do You Legally Have to Disclose When Selling a House?

When you sell a property in the UK, you are legally and ethically required to disclose all known material information about that property — regardless of whether it reflects well or badly on the home. The purpose is to allow the buyer to make a fully informed decision about whether to proceed with their purchase.

This disclosure is primarily made through the TA6 Property Information Form, which is completed by the seller with the help of their conveyancing solicitor and provided to the buyer's solicitor as part of the contract pack.

Do You Have to Disclose Problems When Selling?

Yes. In England and Wales, the law and professional property standards require sellers to present buyers with all information they hold that relates to the property — including problems and defects. This applies regardless of how negatively the information might affect the sale price or the buyer's willingness to proceed.

Material information that must be disclosed includes, but is not limited to:

• Structural issues — subsidence, movement, underpinning, or significant defects in the fabric of the building
• Planning or building regulation issues — any work carried out without consent, breaches of planning conditions, or pending enforcement notices
• Environmental issues — flooding history, proximity to contaminated land, or known flood risk
• Boundary disputes or neighbour disagreements — current or historic disputes about boundaries, access rights, or rights of way
• Noise or nuisance complaints — if you have made or received formal noise complaints
• Pest infestations — current or historic problems with rats, mice, Japanese knotweed, or other pests
• Rights of way or easements — other parties who have a legal right to access the property
• Lease details (leasehold only) — length of lease, service charges, ground rent, planned major works

What Is the TA6 Form?

The TA6 Property Information Form is the primary document through which sellers make their disclosures. It is a standard Law Society form completed by the seller and provided to the buyer as part of the contract pack. It covers topics including:

TA6 Section	What It Covers
Boundaries	Responsibility for walls, fences, hedges, and ditches
Disputes and complaints	Any current or past disputes with neighbours or others
Notices and proposals	Any notices received relating to the property (e.g. from the council)
Alterations, planning, and building control	Work carried out on the property and whether it had consent
Guarantees and warranties	Any existing guarantees (e.g. for damp, timber, windows)
Environmental matters	Flooding, contamination, radon, and other environmental risks
Rights and informal arrangements	Shared driveways, access rights, informal arrangements with neighbours
Parking	Formal and informal parking arrangements
Services	How the property is connected to electricity, gas, water, drainage
Energy performance	EPC rating and any energy-related improvements made

See our full guide to the TA6 Property Information Form for a detailed explanation of every section.

What About Fixtures and Fittings?

Separate to the TA6, sellers must also complete the TA10 Fittings and Contents Form, which specifies exactly what is included in the sale price and what the seller intends to take. Disputes about items left or removed are one of the most common sources of post-completion complaints. See our guide to the TA10 form explained for a full breakdown.

What Are Material Facts?

A "material fact" is any piece of information that a reasonable buyer would consider important in deciding whether to purchase the property and at what price. Property National Trading Standards have issued guidance requiring estate agents and sellers to ensure that all material information is disclosed upfront — even before a buyer makes an offer. This includes:

• Property tenure (freehold, leasehold, share of freehold)
• Council tax band
• Any known restrictions or covenants on the property
• Whether the property has been subject to flooding
• Any planned development or construction nearby

What Happens If You Don't Disclose?

Failing to disclose a material fact — or deliberately concealing one — can have serious legal consequences after completion:

• Misrepresentation: If you knowingly provided false or misleading information, the buyer can seek rescission of the contract (unwinding the sale) and/or compensation for losses.
• Negligent misrepresentation: Even if you genuinely forgot or didn't realise something was relevant, you may still be liable if a court finds you should have known.
• Fraudulent misrepresentation: Deliberately hiding a known defect can lead to criminal liability in serious cases.

If you're unsure whether something needs to be disclosed, always err on the side of disclosure and discuss it with your solicitor. A well-worded disclosure is always better than a dispute after completion.

Top Tips for Sellers on Disclosure

• Complete the TA6 form to the best of your knowledge — vague or incomplete answers can be treated as concealment
• Include supporting evidence where possible (building regulation certificates, guarantees, planning consents)
• Do not omit information simply because you think it might put buyers off — it is the buyer's right to have the full picture
• Tell your solicitor about anything you're unsure about — they can advise on how to present it correctly
• If work was done without consent, your solicitor may recommend indemnity insurance as a solution

Frequently Asked Questions

Do I have to disclose Japanese knotweed when selling?

Yes. Japanese knotweed is a material fact that must be disclosed on the TA6 form. Failure to disclose it — even if it has been treated — can lead to a claim after completion. Many mortgage lenders will also require evidence of a professional treatment plan.

Do I have to disclose a death in the property?

There is no strict legal requirement to disclose a death in a property in England and Wales, unless asked directly. However, the TA6 form's section on disputes and complaints may lead to disclosure of any associated issues. If in doubt, discuss with your solicitor.

What if I didn't know about a defect when I sold?

If you genuinely didn't know about a defect, you generally cannot be held liable for non-disclosure. The key test is what you knew or reasonably should have known at the time of sale. Negligent misrepresentation — where you should have known — can still carry liability.