Selling a House with Missing Guarantees: What You Need to Know

When you sell a property, the buyer's solicitor will ask for copies of any guarantees, warranties, and certificates relating to work carried out at the property. If those documents are missing — whether lost, never issued, or expired — it can slow down the conveyancing process and, in some cases, put the sale at risk.

The good news is that missing guarantees are one of the most common issues in residential conveyancing, and there are well-established ways to resolve them. This guide covers the types of guarantees buyers and lenders expect, how to trace lost documents, and what to do when a guarantee simply cannot be found.

Types of guarantees buyers expect

Different types of work come with different guarantees. Here are the most common ones that surface during a property sale:

New-build structural warranties

If your property was built within the last 10 years, the buyer's mortgage lender will almost certainly require a structural warranty. The three main providers are:

• NHBC Buildmark — the most widely recognised scheme, covering around 80% of new homes in the UK. It provides 10 years of structural defect cover from the date of completion.
• LABC Warranty — provided through Local Authority Building Control, offering 10 to 12 years of cover for structural defects.
• Premier Guarantee — an alternative 10-year structural warranty accepted by most mainstream lenders.

Without one of these warranties on a property less than 10 years old, many mortgage lenders will not lend, which significantly reduces your pool of potential buyers.

Damp proofing and timber treatment guarantees

Specialist damp proofing and timber treatment work is typically carried out by contractors registered with the Property Care Association (PCA). These guarantees usually last 20 to 30 years and are often insurance-backed, meaning they remain valid even if the contractor goes out of business. Buyer solicitors will ask for these if the property has had damp or woodworm treatment, as it is a question on the TA6 form.

Double glazing and window certificates

Replacement windows and external doors installed after 1 April 2002 must comply with Building Regulations Part L. Compliance is usually demonstrated through a FENSA certificate, a CERTASS certificate, or a local authority completion certificate. A missing window certificate is one of the most frequently raised conveyancing enquiries.

Roofing guarantees

If the roof has been replaced or significantly repaired, the buyer may expect to see a guarantee covering both materials (manufacturer warranty) and workmanship (installer guarantee). Material warranties can run 10 to 40 years depending on the product, while workmanship guarantees are typically 10 to 20 years.

Underpinning guarantees

Properties that have been underpinned to address subsidence will need a guarantee from the contractor, typically lasting 10 to 12 years. Mortgage lenders pay particular attention to this, and many will also require a structural engineer's report confirming the property is stable. Underpinning without documentation can make the property difficult to mortgage.

Electrical and gas installation certificates

While not guarantees in the traditional sense, electrical installation certificates (EICs), minor works certificates, and Gas Safe certificates are important compliance documents. A full rewire or new consumer unit should come with an EIC, and any gas work must be carried out by a Gas Safe-registered engineer who issues the appropriate certificate. The buyer's solicitor may raise enquiries if these are absent, particularly where the building regulations sign-off is missing for electrical work.

How missing guarantees come to light

Missing guarantees typically surface at two points during the sale process:

• When you complete the TA6 form. The TA6 Property Information Form asks specific questions about work carried out at the property, including whether guarantees were obtained. Honest answers here will flag any gaps immediately.
• When the buyer's solicitor raises enquiries. As part of standard conveyancing due diligence, the buyer's solicitor will review the contract pack, local authority search results, and survey findings. If any of these reveal work without corresponding certificates, they will raise pre-contract enquiries asking for the documents or an explanation.

In either case, addressing the issue early is always better than waiting for it to be flagged. If you know a guarantee is missing, tell your solicitor when you first instruct them so they can begin working on a solution straight away.

How to trace lost guarantees

Before assuming a guarantee is permanently lost, it is worth checking several sources. Many guarantees can be reissued or confirmed by contacting the right organisation.

You should also check your own conveyancing file from when you purchased the property. Guarantees are often bundled with the title deeds and held by your solicitor or mortgage lender. A quick call to your original conveyancer may turn up the documents you need.

Indemnity insurance as an alternative

When a guarantee genuinely cannot be traced or was never issued, indemnity insurance is the standard fallback in residential conveyancing. It is a one-off insurance policy that covers the buyer (and their mortgage lender) against the financial risk that the work in question turns out to be defective or non-compliant.

What it costs

Indemnity insurance premiums for missing guarantees typically range from £20 to £300, paid as a single one-off premium with no annual renewals. The exact cost depends on the type of work, the property value, and the level of cover required.

What it covers

An indemnity policy covers the financial loss the buyer would suffer if the work covered by the missing guarantee turns out to be defective and needs remediation, or if a local authority takes enforcement action over non-compliant building work. The policy lasts indefinitely, transfers automatically to future owners of the property, and requires no annual renewal.

What it does not cover

Indemnity insurance does not certify that the work was done to the correct standard. It does not replace a proper guarantee, and it will not cover pre-existing defects that are already known about at the time the policy is taken out. It is a risk-transfer mechanism, not a quality assurance certificate.

Key condition

As with all indemnity insurance for property defects, there is a critical condition: you must not have contacted the relevant authority or body about the issue. For missing building regulations sign-off, this means you must not have contacted the local authority. For other types of missing guarantee, the same principle applies — notifying the relevant body may invalidate the policy. Always discuss the position with your solicitor before making any enquiries.

Disclosure on the TA6 form

The TA6 Property Information Form is a standard part of the conveyancing process in England and Wales. It asks detailed questions about the property, including whether any work has been carried out and whether guarantees, warranties, or certificates were obtained.

You must answer these questions honestly and completely. If a guarantee exists but you have lost it, say that you believe work was guaranteed but you do not have the certificate. If work was carried out without a guarantee, disclose that clearly. Deliberately withholding information or giving misleading answers on the TA6 can expose you to a misrepresentation claim after completion, which could result in the buyer seeking damages.

Your solicitor will help you complete the TA6 accurately and advise on how to present any issues in a way that is honest without unnecessarily alarming the buyer.

Impact on buyer's solicitor enquiries

When the buyer's solicitor identifies a missing guarantee, they will raise a pre-contract enquiry. The specific questions depend on the type of guarantee, but typically include:

• What work was carried out, when, and by whom?
• Was the contractor registered with a relevant trade body or scheme?
• Was a guarantee or warranty issued? If so, where is it?
• Has any defect been identified in the work since it was completed?
• Will the seller provide indemnity insurance to cover the missing guarantee?

Having answers and documentation ready before these enquiries arrive saves significant time. If you know a guarantee is missing, instruct your solicitor to prepare a response and, where appropriate, arrange indemnity insurance as part of the initial contract pack. This avoids a round of additional enquiries that could add two to four weeks to your timeline.

Building regulations sign-off

Some missing guarantees overlap with missing building regulations sign-off. For example, if replacement windows were installed without a FENSA certificate, the underlying issue is that the work may not have building regulations approval. Similarly, electrical work without a certificate may indicate that building control was never notified under Part P.

Where the missing guarantee also means missing building regulations approval, you may need to address both issues. Options include:

• Regularisation — applying to the local authority for retrospective building regulations approval. This involves an inspection and a fee (typically £200 to £500), but provides formal confirmation that the work complies.
• Indemnity insurance — covering the enforcement risk without contacting the local authority. This is the quicker and cheaper option for older work.

Remember the critical rule: you cannot pursue both routes simultaneously. Once you contact the local authority about the work, the indemnity insurance option is usually no longer available. Decide which route is appropriate before taking any action.

What mortgage lenders require

Mortgage lenders follow the UK Finance Mortgage Lenders' Handbook, which sets out what documentation must be in place before the lender will release funds. The requirements vary depending on the type of work and the age of the property:

• Properties under 10 years old: Most lenders require a structural warranty from an approved provider (NHBC, LABC Warranty, Premier Guarantee, or equivalent). Without one, the lender may refuse to lend or require a structural survey and specialist indemnity insurance as alternatives.
• Replacement windows: Most lenders accept indemnity insurance where a FENSA or CERTASS certificate is missing, provided the windows were installed more than 12 months ago.
• Underpinning: Lenders typically require the contractor's guarantee, a structural engineer's report, and often a monitoring period of at least 12 months showing stability.
• Damp proofing and timber treatment: Most lenders accept indemnity insurance if the original guarantee cannot be traced, particularly for older treatment work.

If your buyer is a cash purchaser, the absence of a guarantee is less critical from a lending perspective, but the buyer's solicitor will still raise it as a standard conveyancing enquiry. Even cash buyers want reassurance that work was done properly.

Practical steps to locate or replace missing guarantees

If you are preparing to sell and know that guarantees or warranties are missing, follow these steps to resolve the issue efficiently:

1. Audit your property paperwork. Go through your property file and identify which guarantees you have and which are missing. Check with your solicitor or mortgage lender, who may hold copies with the title deeds.
2. Contact the issuing bodies. Use the table above to contact the relevant organisation for each missing guarantee. Many maintain databases and can confirm coverage or issue replacement documents.
3. Contact previous owners. If the work was carried out by a previous owner, they may still hold copies of guarantees. Your solicitor can make enquiries through the previous owner's solicitor if contact details are available.
4. Speak to your solicitor early. Tell your conveyancer about any missing guarantees as soon as you instruct them. They can advise on the best approach for each one and begin arranging indemnity insurance if needed.
5. Do not contact the local authority prematurely. If the missing guarantee also involves missing building regulations approval (such as a FENSA certificate), do not contact the local authority before discussing the options with your solicitor. Contacting them could close off the indemnity insurance route.
6. Arrange indemnity insurance where needed. For guarantees that genuinely cannot be traced, your solicitor can arrange indemnity insurance. Have this ready as part of the contract pack so it does not delay the transaction.
7. Complete the TA6 form accurately. Disclose all work and the status of any guarantees honestly. Your solicitor will help you frame the answers appropriately.

When missing guarantees are not a problem

Not every missing guarantee will cause issues during a sale. In several common scenarios, the absence of a guarantee is either irrelevant or easy to resolve:

• The guarantee has expired. If an NHBC warranty was issued 15 years ago, it expired after 10 years and its absence is not a concern for lenders. The same applies to other time-limited warranties that have run their full term.
• The work predates the requirement. Windows installed before 1 April 2002 do not require a FENSA certificate. Electrical work completed before Part P came into force in 2005 (in certain circumstances) may not need a certificate either.
• The work is cosmetic. Cosmetic improvements such as painting, new kitchen units on a like-for-like basis, or replacing floor coverings do not require guarantees or building regulations approval.
• The property is over 10 years old with no recent work. If no significant work has been carried out since the property was built and it is more than 10 years old, the original NHBC or equivalent warranty will have expired and lenders do not require one.

Sources

• NHBC (National House Building Council) — nhbc.co.uk
• LABC Warranty (Local Authority Building Control) — labcwarranty.co.uk
• Property Care Association (PCA) — property-care.org
• FENSA (Fenestration Self-Assessment Scheme) — fensa.org.uk
• UK Finance Mortgage Lenders' Handbook — ukfinance.org.uk
• Law Society Conveyancing Protocol, 5th edition — lawsociety.org.uk
• Gas Safe Register — gassaferegister.co.uk

Frequently asked questions