Getting your paperwork ready before selling your home
Selling a house or flat is rarely just a matter of finding a buyer and agreeing a price. Once an offer has been accepted and solicitors are instructed, the buyer’s solicitor will ask for information about the property including details of any work that has been carried out to it. Having that information ready at the start of the transaction can make the whole process smoother and will prevent delays during the conveyancing process.
Why preparation matters
A buyer and their lender will want to be sure that any work completed on the property has been carried out properly and with the requisite certificates, permissions and guarantees in place. If any of these documents are missing or have not been properly issued, this can lead to additional enquiries, the need for indemnity insurance policies, price renegotiations or, in some cases, results in a nervous buyer.
It is much better to discover a missing document before the property goes on the market than during the course of the sale.
Planning permissions and building regulations
Alterations and extensions are often one of the first areas a buyer’s solicitor will investigate. If you have built an extension, converted a loft, removed a wall, replaced windows, added a conservatory, installed a wood burner, created a new access, changed the use of a building or carried out any other substantial works, gather the paperwork before you instruct your estate agent.
Depending on your property and the work carried out, this might include planning permissions, listed building consent, conservation area consent, building regulations approvals, completion certificates, FENSA or CERTASS certificates for windows and doors, electrical installation certificates, gas safety paperwork and any correspondence with the local authority.
Where permission was not required, evidence can still be helpful. For example, a lawful development certificate or written confirmation from the relevant authority may prevent unnecessary questions.
Guarantees, warranties and specialist works
Buyers will usually ask whether any guarantees or warranties are available. These might relate to double glazing, boilers, solar panels, roofing, damp proofing, timber treatment, cavity wall insulation, structural repairs, underpinning, new appliances, alarm systems or specialist installations.
If you own an older or rural property, the paperwork can be particularly important. A thatched roof, for example, may have been re-ridged, patched or fully re-thatched. Keep invoices, guarantees, details of the contractor and any reports about the condition, materials used or fire-retardant treatment. The same applies to woodworm treatment, damp proofing, timber surveys and specialist repairs to beams, brickwork, chimneys or drainage.
Do check whether guarantees are transferable. Some require a formal assignment to the buyer, a registration fee or notification to the company that issued them.
Services, drainage and utilities
The buyer will need information about the services connected to the property. This includes mains water, gas, electricity, drainage, broadband, heating systems and any shared or private arrangements.
Non-mains drainage deserves particular attention. If the property has a septic tank, cesspit, package treatment plant or private drainage system, collect installation details, service records, emptying invoices, discharge consents where relevant, maintenance agreements and any paperwork showing that the system complies with current requirements. If the system has been upgraded, replaced or altered, keep the same level of evidence as you would for any other significant building work.
Shared wells, private roads, shared drains and access tracks can also raise questions. Details of maintenance responsibilities, contributions, agreements with neighbours and historic arrangements should be gathered as early as possible.
Leasehold flats and managed properties
If you are selling a flat, maisonette or leasehold house, there will be additional information to provide. Locate your lease, any deeds of variation, share certificates, ground rent details, service charge accounts, buildings insurance information, managing agent correspondence and details of any major works.
Management packs can take time to obtain. If there is a freeholder, management company or residents’ association, ask your solicitor what information is likely to be needed and how quickly it can be ordered.
Fittings, contents and practical details
You will be asked to complete standard property information forms, including details of boundaries, disputes, alterations, notices, occupiers, services and what is included in the sale. It helps to think about these points before the forms arrive.
Be clear about fixtures and fittings. Curtains, carpets, light fittings, white goods, garden structures, fuel in a tank, integrated appliances and freestanding items can all cause disagreement if expectations are not recorded properly.
Energy performance and compliance
Most sellers will need a valid Energy Performance Certificate before marketing the property. If you already have one, check whether it is still valid. If improvement works have been carried out since it was prepared, you may wish to consider whether an updated certificate would better reflect the current property.
For properties with renewable energy installations, such as solar panels, biomass boilers or air source heat pumps, gather ownership documents, installation certificates, maintenance records, grid connection paperwork, tariff information and any finance or lease arrangements affecting the equipment.
When paperwork is missing
Missing paperwork is not unusual, but it should be dealt with carefully. In some cases, replacement certificates can be obtained. In others, the answer may be evidence from the contractor, local authority records, specialist reports or insurance. You should not contact a council, contractor or authority about historic issues without first taking legal advice, as this may affect the options available.
The important point is to identify the issue early. Surprises late in the transaction are far more likely to cause delay.
Proof of ownership and identity
Your solicitor or conveyancer will need to verify your identity and check your authority to sell. You should expect to provide proof of identity and address, together with details of any mortgage secured against the property.
If the property is registered at HM Land Registry, your solicitor will obtain the official title documents. If the property is unregistered, or if there are old deeds, transfers, rights of way, covenants or boundary agreements in your possession, it is sensible to locate them early and have them available when instruction your lawyer.
A useful pre-sale checklist
- Proof of identity and address
- Title deeds, old conveyances, boundary agreements and rights of way information
- Planning permissions, building regulations approvals and completion certificates
- Guarantees and warranties for windows, boilers, roofing, damp proofing, timber treatment and structural works
- Invoices, reports and contractor details for specialist works such as thatching, woodworm treatment or drainage upgrades
- Service records for boilers, heating systems, alarms, renewable energy systems and private drainage
- Lease, service charge, ground rent and management information for flats and leasehold properties
- Energy Performance Certificate and related energy efficiency documents
- Details of disputes, notices, insurance claims, occupiers, shared access or shared maintenance arrangements.
How a solicitor can help
Instructing a solicitor before a buyer is found can be a practical step, especially where the property is older, rural, leasehold, recently altered or affected by private services. Your solicitor can review the information available, identify likely issues and advise what may be needed before enquiries are raised by the buyer’s solicitor.
Preparing early will not remove every question, but it can put you in a stronger position. It shows that the property has been properly maintained, that important works can be evidenced, and that the sale is ready to move forward without unnecessary delay.
For individual information, please contact the residential property team in any of our offices, or complete the enquiry form below and a member of the team will be in touch.
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This article aims to supply general information, but it is not intended to constitute advice. Every effort is made to ensure that the law referred to is correct at the date of publication and to avoid any statement which may mislead. However, no duty of care is assumed to any person and no liability is accepted for any omission or inaccuracy. Always seek advice specific to your own circumstances. Fraser Dawbarns LLP is always happy to provide such advice.