Legal
What Do You Legally Have to Disclose When Selling a House?
When selling in England and Wales you must complete the TA6 Property Information Form honestly, disclosing what you know about the property — including boundary or neighbour disputes, structural problems, damp, Japanese knotweed, flooding, alterations and building works, planning issues, and notices affecting the property. The legal principle is "caveat emptor" (buyer beware) for things the buyer can inspect, but you must not misrepresent or conceal known problems — doing so can lead to a claim for misrepresentation after completion.
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- TA6answer it honestly
- Caveat emptorbut do not conceal
- Misrepresentationrisks a later claim
- Honestyspeeds & protects the sale
The TA6 form and what it covers
The standard TA6 Property Information Form is completed by the seller and is central to disclosure. It asks about a wide range of matters, including:
- Boundaries, and any disputes or complaints with neighbours
- Notices and proposals affecting the property
- Alterations, extensions and the relevant planning/building-regulation consents
- Guarantees and warranties (damp, timber, roofing, windows, boiler)
- Insurance issues, including subsidence and flooding history
- Environmental matters such as Japanese knotweed and flood risk
- Services, rights of way and shared facilities
You answer to the best of your knowledge — but you must answer honestly.
Caveat emptor and its limits
English property law follows caveat emptor — "let the buyer beware" — meaning the buyer is generally responsible for investigating the property (via surveys, searches and enquiries) and the seller is not obliged to volunteer every imperfection. But this has firm limits: you must not give false or misleading answers, and you must not actively conceal a defect. If a buyer asks a direct question (as the TA6 does), you must answer it truthfully. So the rule is not "say nothing" — it is "do not lie or hide".
What you must not do: misrepresentation
The real legal risk is misrepresentation — giving an answer you know to be false, or concealing something you are asked about. If a buyer relies on a false statement and suffers loss, they can claim against you after completion, potentially for compensation or, in serious cases, to unwind the sale. Common danger areas are denying a known boundary dispute, hiding past flooding or subsidence, papering over damp, or failing to disclose unauthorised building works. Honesty on the TA6 is your protection against exactly this.
Specific things to disclose
| Matter | Why it must be disclosed |
|---|---|
| Boundary / neighbour disputes | TA6 asks directly; common claim area |
| Flooding history | Asked on TA6; checkable via Environment Agency |
| Japanese knotweed | Specifically asked; affects mortgageability |
| Subsidence / structural issues | Will appear in survey and insurance records |
| Alterations without consent | Buyer’s solicitor checks planning/building regs |
| Notices affecting the property | Legal obligations the buyer inherits |
Why honesty helps your sale
Full, honest disclosure with supporting documents — surveys, guarantees, consents, insurance history — does not weaken your position; it strengthens it. It removes the buyer’s worst-case assumptions, reduces the chance of a late renegotiation when something surfaces in their checks, and protects you from a post-sale claim. Where an issue would put off mortgage buyers, a cash buyer will often purchase with the matter fully disclosed and priced in, completing in weeks. Always take your conveyancer’s advice on specific disclosures.
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Written & reviewed by Lisa Hayes, Founder
Lisa Hayes is the founder of Ready Steady Sell and an independent UK home-selling expert with over a decade helping homeowners weigh cash house buyers, property investors and the wider fast house-sale industry — without pressure or hidden fees. Every guide is reviewed for accuracy under our editorial standards.
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Frequently asked questions
Straight answers, no sales talk
What must I legally disclose when selling a house?
You must answer the TA6 Property Information Form honestly, disclosing known disputes, defects, damp, subsidence, flooding, Japanese knotweed, alterations and planning issues, and notices affecting the property.
Does caveat emptor mean I can say nothing?
No. Caveat emptor means the buyer must investigate, but you must not give false answers or conceal known problems. If asked directly, as the TA6 asks, you must answer truthfully.
What happens if I do not disclose a known problem?
If you misrepresent or conceal a known issue and the buyer relies on it and suffers loss, they can claim against you after completion — for compensation or, in serious cases, to unwind the sale.
Do I have to tell buyers about difficult neighbours?
You must disclose disputes and complaints, which the TA6 asks about specifically. A genuine, recorded dispute must be declared; concealing one is a common cause of post-sale claims.
Do I need to disclose Japanese knotweed?
Yes. The TA6 form asks about it specifically, and it affects mortgageability, so it must be disclosed. A treatment plan with a guarantee reassures buyers.
Can honest disclosure still let me sell quickly?
Yes. Disclosing fully and providing documents reduces renegotiation risk, and where an issue deters mortgage buyers, a cash buyer will often purchase with it disclosed and priced in.