Buyer Wants Early Access: Should You Allow It?

Your buyer has asked whether they can access the property before completion day. Perhaps they want to measure for curtains, let in a kitchen fitter, or start stripping wallpaper. It is a common request, and on the surface it seems reasonable. After all, the sale is going through, so what is the harm?

The harm, unfortunately, can be significant. Early access requests are one of the most common sources of friction in residential property transactions, and agreeing without proper safeguards can leave you exposed to real financial and legal risk. This guide explains what early access means, why buyers ask for it, what can go wrong, and how to protect yourself if you decide to allow it.

What is early access?

Early access means the buyer enters or occupies the property before the legal completion of the sale. In England and Wales, completion is the point at which the buyer's solicitor transfers the balance of the purchase price to your solicitor, and ownership of the property passes to the buyer. Until that moment, the property is legally yours.

Early access can take several forms, from a brief visit to take measurements through to moving in and carrying out substantial renovation work. The risks vary enormously depending on the scope of what is being requested.

For a full overview of what happens on the day ownership transfers, see our guide on what happens on completion day.

Why do buyers ask for early access?

Buyers request early access for a range of reasons, some more reasonable than others:

• Measuring for furniture, curtains, or flooring. The most common and lowest-risk request. The buyer wants to order items in advance so they are ready for moving day.
• Letting tradespeople in to quote for work. The buyer wants estimates for a new kitchen, bathroom, or decoration before they complete.
• Starting renovation or decoration work. The buyer wants to begin work so the property is ready to live in on completion day. This is where the risk increases substantially.
• Moving belongings in early. Sometimes a buyer asks to store furniture or boxes in the property ahead of completion, particularly if their current living arrangement is ending.
• Moving in before completion. The highest-risk scenario. The buyer wants to live in the property before they have paid for it.

The further down that list you go, the greater the risk. A brief supervised visit for measurements is a world apart from allowing someone to move in and start knocking down walls.

The risks of allowing early access

Before you agree to any form of early access, you need to understand what can go wrong. The risks are real, and they apply whether the sale ultimately completes or not.

Property damage

If the buyer or their contractors cause damage during early access, you are left dealing with the consequences. This could range from scuffed walls and damaged flooring to far more serious issues like a botched plumbing job or structural alterations that affect the integrity of the building. If the sale then falls through, you may need to restore the property at your own expense before remarketing it.

Insurance complications

Your buildings insurance policy is based on the property being in your possession and under your control. If you allow a third party to access the property and carry out work, your insurer may argue that you have changed the risk profile without notifying them. In a worst-case scenario, this could invalidate your cover entirely. Always contact your insurer before agreeing to early access.

Liability for injury

If the buyer or a contractor they have hired is injured on the property during early access, you could be held liable as the property owner. Under the Occupiers' Liability Act 1957, you owe a duty of care to lawful visitors. A properly drafted licence to occupy should address liability and require the buyer to hold their own insurance, but without one, the position is unclear and potentially very expensive.

The sale might not complete

This is the fundamental risk. Until completion, there is no guarantee the sale will go through. Before exchange of contracts, the buyer can walk away at any time with no legal penalty. Even after exchange of contracts, while the buyer is legally committed, there are rare circumstances in which completion is delayed or does not happen. If you have allowed the buyer to start work and the sale collapses, you are left to pick up the pieces.

For a detailed look at the risks in the period between exchange and completion, read our guide on what happens between exchange and completion.

Inadvertent tenancy rights

If the buyer moves in before completion without a properly documented licence, there is a risk, however small, that they could acquire tenancy rights under housing legislation. A tenancy would give the buyer security of tenure and make it extremely difficult to remove them if the sale fell through. This scenario is rare but not unheard of, and it is entirely avoidable with proper legal documentation.

Before exchange vs after exchange: a critical distinction

The timing of the early access request makes an enormous difference to the risk involved:

The clear message from conveyancing solicitors is that early access before exchange should be avoided wherever possible. If you are going to consider it at all, wait until contracts have been exchanged and the buyer has a meaningful financial stake in the transaction. For more on what the exchange deposit means and how it protects you, see our guide on the solicitor-held deposit.

How to protect yourself if you agree to early access

If, after weighing the risks, you decide to grant early access, take the following steps to protect your position. Do not rely on verbal agreements or goodwill. Property transactions involve large sums of money, and informal arrangements can lead to serious disputes.

1. Insist on a licence to occupy

A licence to occupy is a formal legal document drafted by your solicitor. It should cover:

• Permitted dates and hours. Specify exactly when the buyer can access the property and for how long.
• Permitted activities. Be specific about what the buyer is allowed to do. Measuring and photographing is very different from stripping kitchens or rewiring.
• Insurance requirements. The buyer should be required to hold public liability insurance and, if contractors are involved, to ensure they have their own professional indemnity and public liability cover.
• Liability for damage. The licence should make clear that the buyer is liable for any damage caused during their access, including the cost of restoring the property to its previous condition.
• No tenancy created. The licence should expressly state that it does not create a tenancy or any rights of occupation.
• Revocation. The seller should be able to revoke the licence at any time.

2. Require a security deposit

Ask your solicitor to hold a security deposit from the buyer, typically between £1,000 and £5,000 depending on the scope of access. This deposit is separate from the exchange deposit and is returnable on completion provided no damage has occurred. If the sale falls through and the buyer has caused damage, the deposit can be used towards remediation costs.

3. Notify your insurer

Contact your buildings insurance provider before granting any access. Explain the situation, confirm whether your policy covers damage caused by third parties, and ask whether you need to add any endorsements. Get confirmation in writing if possible.

4. Document the property's condition

Before the buyer accesses the property, take dated photographs and, if appropriate, a video walkthrough of every room. This creates an evidence base you can rely on if there is a dispute about damage later. Keep copies in a safe place and share them with your solicitor.

5. Be present or have someone present

For brief visits such as measuring up, consider being present or having your estate agent attend. This is not always practical for longer access periods, but for short visits it provides an additional layer of oversight.

When to say no

There are situations where the right answer is simply no. You should strongly consider refusing early access if:

• Contracts have not been exchanged. Before exchange, the buyer has no legal commitment to complete the sale. Allowing access at this stage is high risk. If the buyer pulls out, you have limited recourse. For more on what happens when a buyer withdraws, see our guide on what to do if your buyer pulls out.
• The buyer wants to carry out structural work. Removing walls, altering the roof, or making changes that require building regulations approval should never be permitted before completion. The legal, insurance, and practical risks are too great.
• The buyer wants to move in. Allowing someone to live in your property before they have paid for it creates enormous risks, including the possibility of tenancy rights.
• Your solicitor advises against it. If your solicitor recommends refusing, take their advice. They understand the legal risks and are acting in your interest.
• Your insurer will not cover it. If your buildings insurance provider says that early access would invalidate your policy or is not covered, the financial risk of proceeding is too high.
• You feel pressured. If the buyer is pushing aggressively for early access and you are not comfortable, that is reason enough to say no. A reasonable buyer will respect your decision.

Low-risk alternatives to early access

If the buyer has a legitimate need, there are ways to accommodate them without exposing yourself to significant risk:

• Accompanied viewings for measurements. Allow the buyer to visit for 30 to 60 minutes to take measurements, with you or your estate agent present. This satisfies most practical needs without the risks of unsupervised access.
• Share room dimensions and floorplans. If you have accurate floorplans from your marketing materials, provide these to the buyer so they can plan furniture and fittings without needing physical access.
• Agree an earlier completion date. If the buyer's real need is to get into the property sooner, discuss bringing the completion date forward. This gives them legitimate access without the complications of early entry. Your solicitor and the buyer's solicitor can agree a revised completion date at any point before exchange.
• Provide photographs of specific areas. If the buyer wants to see behind a built-in wardrobe or check the condition of a particular feature, offer to take and send photographs rather than granting access.

Choosing a reliable buyer in the first place

Many of the complications around early access arise because the relationship between buyer and seller is built on trust that has not yet been tested. Choosing a buyer who is financially prepared, communicative, and realistic about the process reduces the likelihood of difficult requests later on.

For guidance on evaluating buyers and identifying the one most likely to complete without friction, see our guide on how to choose the right buyer.

What your solicitor will say

It is worth knowing that the overwhelming majority of conveyancing solicitors advise against early access, particularly before exchange. The Law Society's Conveyancing Protocol does not explicitly address early access, but the principle underlying the Protocol is that transactions should follow a clear, sequential process: exchange, then completion, then possession.

If your buyer asks for early access and you are unsure, speak to your solicitor. They will assess the specific circumstances, advise on the risks, and if you decide to proceed, draft the necessary documentation to protect your position.

Expect your solicitor to charge a modest fee, typically £150 to £350 plus VAT, for drafting a licence to occupy. This is money well spent if it prevents a dispute worth thousands.

Sources

• The Law Society -- Conveyancing Protocol, 5th edition: lawsociety.org.uk
• Occupiers' Liability Act 1957 -- Duty of care owed to lawful visitors: legislation.gov.uk
• RICS -- Residential property standards and guidance: rics.org
• HomeOwners Alliance -- Consumer guidance on early access and completion: hoa.org.uk
• Association of British Insurers (ABI) -- Home insurance guidance for property owners: abi.org.uk
• HM Land Registry -- Property ownership and transfer of title: gov.uk/government/organisations/land-registry
• Propertymark (NAEA) -- Best practice guidance for estate agents: propertymark.co.uk

Frequently asked questions