What Do I Legally Have to Disclose When Selling My House?

Selling your home involves more than setting a price and finding a buyer. You also need to be upfront about the property's condition, history, and any issues that could affect a buyer's decision. Getting this wrong can lead to legal claims, collapsed sales, and significant financial losses.

This guide explains exactly what you are legally required to disclose when selling a house in England and Wales, what you do not have to reveal, and what happens if you hide problems. Whether you are selling for the first time or have sold before, understanding your disclosure obligations is essential.

The caveat emptor principle: buyer beware

The starting point for property sales in England and Wales is the Latin principle of caveat emptor — "let the buyer beware." Under this principle, the buyer is responsible for checking the condition and suitability of the property before committing to the purchase. That means arranging their own conveyancing enquiries, commissioning a survey, and ordering property searches.

However, caveat emptor does not give sellers a free pass to stay silent about everything. Over the past few decades, the principle has been significantly modified by legislation, regulation, and professional standards. Today, sellers have clear obligations to disclose certain information — and hiding known problems can have serious consequences.

How regulation has changed the rules

Three key developments have reshaped seller disclosure obligations in England and Wales:

1. The Misrepresentation Act 1967

This Act makes it unlawful to make false statements that induce someone to enter into a contract. In a property sale, if you make a false or misleading statement on the TA6 form or in response to buyer enquiries, and the buyer relies on that statement when deciding to purchase, they can bring a claim for misrepresentation after completion. There are three types of misrepresentation: fraudulent (you knew it was false), negligent (you were careless), and innocent (you genuinely believed it was true). Each carries different consequences, but all can result in the buyer receiving damages.

2. The Consumer Protection from Unfair Trading Regulations 2008 (CPRs)

The CPRs prohibit unfair commercial practices, including misleading actions and misleading omissions. While these regulations primarily target "traders" — meaning estate agents and developers rather than individual private sellers — they have a significant indirect effect on all property sales. Estate agents are required to ensure that material information is not omitted from property listings, and they rely on the seller to provide accurate information. If an agent passes on false information that you gave them, both you and the agent could face consequences.

3. National Trading Standards material information guidance

The National Trading Standards Estate and Letting Agency Team has issued detailed guidance on what constitutes "material information" in property listings. This guidance, which builds on the CPRs, sets out three parts of information that agents must include in listings: Part A covers general property details (tenure, council tax band, price), Part B covers property features (building safety, utilities, parking), and Part C covers hazards and issues (flooding, subsidence, planning applications). This means sellers need to provide their agents with accurate details from the outset — not just when the TA6 form is completed.

What you must disclose

When you complete the TA6 Property Information Form, you are legally obligated to answer its questions honestly. The following table summarises the key categories of information you must disclose:

Category	What you must disclose	TA6 section
Known defects	Structural problems, subsidence, damp, roof issues, or any other physical defect you are aware of	Various (respond honestly to all relevant questions)
Disputes and complaints	Any past or present disputes with neighbours, including noise complaints, boundary disagreements, or anti-social behaviour reported to any authority	Section 2
Planning and building work	All alterations, extensions, or structural work done to the property, and whether planning permission and building regulations approval were obtained	Section 4
Flooding history	Any flooding event affecting the property, however minor, including from rivers, groundwater, surface water, or sewers	Section 7
Alterations without consent	Any building work carried out without the necessary planning permission or building regulations approval, including work by previous owners if you are aware of it	Section 4
Boundary issues	Boundary ownership, any repositioning of boundaries, and any disputes about boundary lines past or present	Section 1
Environmental issues	Japanese knotweed (on the property or within 3 metres), contaminated land, radon gas, and energy performance	Section 7
Notices and proposals	Any formal notices received from a local authority, government body, or neighbour, including planning applications affecting nearby land	Section 3
Rights and access	Rights of way, shared access, easements, or informal arrangements allowing others to use part of your property	Section 8
Insurance problems	Any refused insurance claims, cancelled policies, or special terms imposed by insurers (such as a higher excess for subsidence)	Section 6

In short, if the TA6 form asks about it, you must answer honestly. Leaving questions blank or choosing "not known" when you do have the information is a form of concealment that can be treated as misrepresentation.

What you do not have to disclose

Sellers often worry about having to reveal every unflattering detail about their home. In reality, there are several things that you are not legally required to disclose. The following table clarifies the position:

Issue	Must you disclose it?	Explanation
Deaths in the property	No	There is no legal requirement to disclose that someone died in the property, including murders or suicides. These are not considered material facts affecting the property's physical condition.
Hauntings or paranormal activity	No	Claims of paranormal activity have no legal standing in property transactions in England and Wales. You are not required to disclose them.
Noisy neighbours (no formal complaint)	No	If you find your neighbours annoying but have never made a formal complaint, you are not obliged to mention it. However, if you have reported noise to the council or police, this becomes a dispute that must be disclosed.
General area crime rates	No	You do not need to tell buyers about crime in the area. This is publicly available information that the buyer can research themselves.
Personal reasons for selling	No	You are not required to explain why you are selling, whether it is because of a divorce, financial difficulties, or any other personal reason.
Defects you genuinely do not know about	No	You can only disclose what you know. If there is a hidden defect that you were not aware of, you cannot be held liable for not disclosing it — provided you did not take active steps to conceal it.

The key distinction is between things you know about and things you genuinely do not. Caveat emptor protects sellers from having to investigate their own property on behalf of the buyer. But it does not protect sellers who know about a problem and choose to hide it.

The TA6 form: your main disclosure vehicle

The TA6 Property Information Form is the standard form through which sellers make their disclosures. Published by the Law Society, it is used in virtually every residential property sale in England and Wales and covers 14 sections spanning boundaries, disputes, planning, environmental matters, services, and more.

Your solicitor will provide you with a copy of the TA6 when you instruct them. The answers must come from you as the person who knows the property best. Your solicitor will review your completed form before sending it to the buyer's solicitor as part of the draft contract pack.

Because the TA6 is the primary disclosure document, filling it in accurately is one of the most important things you can do as a seller. For detailed guidance on completing each section, see our property information form tips.

Completing the TA6 early

Traditionally, sellers only start on the TA6 after accepting an offer — which means the buyer is waiting while you track down planning certificates, warranty documents, and boundary information. This delay is one of the most common reasons house sales fall through.

A better approach is to complete the TA6 before you list your property. Pine is designed to help you do exactly this — guiding you through each section of the form with plain English explanations so you can build a solicitor-ready legal pack before your buyer even arrives. This removes weeks from the conveyancing timeline and gives buyers confidence that you have nothing to hide.

Consequences of lying or hiding information

The consequences of non-disclosure or false disclosure can be severe. Here is what you could face:

Misrepresentation Act 1967

If a buyer can show that you made a false statement (on the TA6 form or otherwise) and that they relied on it when deciding to buy, they can bring a civil claim for misrepresentation. The three categories are:

Fraudulent misrepresentation — You knew the statement was false or were reckless as to whether it was true. The buyer can claim damages for all losses suffered, and the court can set the contract aside entirely (rescission).
Negligent misrepresentation — You did not take reasonable care to check the accuracy of your statements. The buyer can claim damages under section 2(1) of the Misrepresentation Act 1967. The burden of proof shifts to you to show you had reasonable grounds to believe your statement was true.
Innocent misrepresentation — You genuinely believed your answer was correct. The buyer may still be able to rescind the contract, though damages in lieu of rescission are at the court's discretion.

Consumer Protection from Unfair Trading Regulations 2008

The CPRs create criminal offences for misleading commercial practices. While these primarily target estate agents and developers, individual sellers can also be affected. If you provide false information to your estate agent and they include it in the property listing, the agent faces potential prosecution — and they will likely seek to recover any losses from you. The regulations cover both misleading actions (actively stating something false) and misleading omissions (leaving out material information that the average consumer needs to make an informed decision).

Civil claims for damages

Beyond formal misrepresentation claims, a buyer who discovers undisclosed problems after completion can sue for damages to cover the cost of remedying the issue. For example, if you concealed structural subsidence and the buyer later discovers it needs underpinning costing tens of thousands of pounds, they can pursue you for those costs. Claims can be brought for several years after completion, so this is not a risk that disappears quickly.

"Not known" vs deliberate concealment

One of the most important distinctions in property disclosure is between a genuine "not known" answer and deliberate concealment. Understanding this difference can protect you.

Genuine "not known" is a perfectly legitimate answer on the TA6 form. If you genuinely do not have information about a particular issue — for example, whether a previous owner obtained building regulations approval for a loft conversion done before you bought the property — then answering "not known" is the honest and correct response. Add a brief explanation, such as "Work was carried out by a previous owner prior to our purchase in 2015. We have not been able to locate the relevant certificates."

Deliberate concealment is when you know the answer but choose "not known" to avoid revealing a problem. For example, if you know that your loft conversion was done without building regulations approval because you commissioned the work yourself, selecting "not known" is dishonest. Courts will consider what a reasonable person in your position would have known. If it is clear that you must have known the answer, a claim for fraudulent or negligent misrepresentation becomes much stronger.

The safest approach is always to answer honestly. An honest "not known" with an explanation is far better than a confident but false answer, and significantly better than deliberate concealment.

Practical advice for honest disclosure

Being thorough with your disclosure does not mean your sale will be harder. In fact, honest and detailed disclosure often makes sales smoother because it reduces the number of follow-up enquiries from the buyer's solicitor. Here are practical steps to get it right:

Gather your documents early. Before you start the TA6, collect planning permissions, building regulations certificates, warranties, guarantees, insurance details, and your title documents from HM Land Registry (available for £3 each at gov.uk/search-property-information-service).
Be specific in your answers. Rather than writing "some work was done," state exactly what was done, when, by whom, and whether the relevant consents were obtained. Attach supporting documents wherever possible.
Disclose resolved disputes. The TA6 asks about any disputes, not just current ones. A boundary disagreement settled amicably three years ago still needs to be mentioned. Over-disclosure is always safer than under-disclosure.
Use "not known" honestly and with explanation. If you do not know something, say so and explain why. Do not guess, and do not leave questions blank — blank answers always trigger additional enquiries.
Do not cover up physical defects. If there is a damp patch on a wall, do not paper over it before viewings. If the buyer's surveyor discovers concealed defects, this significantly strengthens a misrepresentation claim because it shows intent to deceive.
Tell your estate agent the truth. Under the CPRs and National Trading Standards guidance, your agent must include material information in the listing. If you withhold problems from your agent, you put them at legal risk and create a paper trail that could be used against you.
Keep copies of everything. Retain a copy of your completed TA6, all supporting documents, and any correspondence about disclosures. If a dispute arises after completion, you will want evidence of what you disclosed and when.

The role of your solicitor in disclosure

Your solicitor or conveyancer plays an important role in the disclosure process, but the responsibility for providing accurate information ultimately rests with you. Your solicitor will:

Provide you with the TA6 form and explain any questions you find confusing
Review your completed form before sending it to the buyer's solicitor
Advise you on how to handle tricky issues, such as unauthorised building work or unresolved boundary disputes
Help you decide whether indemnity insurance is appropriate for issues that cannot be fully resolved before sale

However, your solicitor can only work with the information you provide. They cannot inspect the property themselves, and they rely on your honesty. If you are unsure about any question on the TA6, ask your solicitor for guidance rather than guessing. For more on what your solicitor handles, see our guide to the seller's duty of disclosure.

How disclosure affects your sale

Many sellers worry that honest disclosure will put buyers off. In practice, the opposite is often true. Buyers and their solicitors expect a degree of honesty, and incomplete or evasive answers on the TA6 form are one of the main reasons house sales fall through. Vague responses trigger rounds of additional enquiries, which slow the transaction down and give nervous buyers a reason to walk away.

A thoroughly completed TA6 with honest, detailed answers signals to the buyer that you are a straightforward seller with nothing to hide. This builds trust, reduces delays, and makes the entire conveyancing process smoother for everyone.

Pine helps you get this right from the start. By completing your TA6 and other legal forms before you list your property, you create a sale-ready pack that demonstrates transparency and keeps your transaction moving at pace.

What happens if you get the TA6 wrong?

Mistakes on the TA6 form can have consequences at every stage of the transaction, from pre-exchange right through to years after completion. The severity depends on whether the error was an honest mistake or a deliberate attempt to conceal a problem.

Before exchange of contracts

If inconsistencies in your TA6 answers come to light during the buyer's solicitor's enquiries — perhaps because the survey reveals something that contradicts your form — the buyer may withdraw from the sale entirely or seek to renegotiate the price. At this stage, the buyer has no legal obligation to proceed, so incorrect answers can easily cause a sale to collapse before it reaches exchange.

After completion

Once the sale has completed, the buyer can bring a misrepresentation claim under the Misrepresentation Act 1967 if they discover that your TA6 answers were false or misleading. This applies whether you made the misrepresentation knowingly, carelessly, or even innocently, although the remedies available to the buyer differ in each case.

Financial liability

If a court finds that you misrepresented the position on the TA6, damages can include the cost of remedial work to fix the undisclosed problem, any reduction in the property's market value caused by the issue, and the buyer's legal costs in bringing the claim. In cases of fraudulent misrepresentation, the court can award damages on a wider basis, covering all losses the buyer suffered as a result of entering the contract.

Criminal liability

In extreme cases involving deliberate concealment, the Consumer Protection from Unfair Trading Regulations 2008 may apply. While these regulations primarily target traders such as estate agents and developers, sellers who engage in misleading commercial practices — for example, instructing an agent to omit material information from a listing — could face regulatory action.

Honest mistakes vs deliberate concealment

Courts draw a clear distinction between innocent, negligent, and fraudulent misrepresentation. An honest mistake — such as genuinely not knowing about a defect — is treated very differently from a deliberate attempt to hide a known problem. If you are unsure about the answer to any question on the TA6, the safest course of action is to write "not known" and provide a brief explanation of why you cannot answer. This is always safer than guessing, because an incorrect positive statement carries far more legal risk than an honest acknowledgement of uncertainty.

Can you be sued for incorrect TA6 answers?

The short answer is yes — and it happens more often than sellers expect. Post-completion disputes over TA6 answers are one of the most common causes of property litigation in England and Wales.

The legal basis for claims

The TA6 is not a contractual document in itself. However, the answers you provide on the form feed into the contract via the "seller's replies to enquiries," which the buyer's solicitor relies upon when advising their client to proceed with the purchase. If those replies turn out to be false or misleading, the buyer has grounds to bring a claim for misrepresentation.

Common examples that lead to claims

The types of incorrect TA6 answers that most frequently result in legal action include:

Undisclosed flooding history — Failing to mention that the property has been affected by flooding, even if it was minor or happened years ago
Concealed damp or structural problems — Covering up or failing to disclose known damp, subsidence, or other structural defects
Failure to mention neighbour disputes — Not disclosing formal complaints or disputes involving neighbours, including those that have been resolved
Building work done without planning or building regulations approval — Claiming that consents were obtained when they were not, or failing to mention that work was carried out without the necessary permissions

The typical claim process

A post-completion claim usually follows a predictable pattern. The buyer discovers an issue that was not disclosed on the TA6 — often through their own building work, a subsequent survey, or an insurance claim. They instruct a solicitor, who sends a formal letter of claim to the seller setting out the misrepresentation and the losses suffered. From there, the parties either negotiate a settlement or the matter proceeds to court.

Time limits

Under the Limitation Act 1980, buyers generally have six years from the date of completion to bring a claim for misrepresentation. This means that even years after you have sold the property, you could still receive a letter of claim relating to your TA6 answers.

How to protect yourself

The best protection is straightforward: answer every question on the TA6 honestly and thoroughly. Keep evidence of your answers, including a copy of the completed form and any supporting documents you provided. If you are uncertain about any question, consult your solicitor before submitting your answers. It is far better to take time getting the TA6 right than to face a misrepresentation claim after completion.

Sources

Misrepresentation Act 1967 — legislation.gov.uk
Consumer Protection from Unfair Trading Regulations 2008 — legislation.gov.uk
National Trading Standards Estate and Letting Agency Team — Material Information in Property Listings guidance — ntselat.gov.uk
Law Society of England and Wales — Property Information Form (TA6), 4th edition, 2020
Law Society Conveyancing Protocol, 5th edition — lawsociety.org.uk
Gov.uk — Planning Permission guidance: gov.uk/planning-permission-england-wales
HM Land Registry — Search for property information service: gov.uk/search-property-information-service
RICS Information Paper: Japanese Knotweed and Residential Property, 2022 — rics.org

Frequently asked questions

Do I have to tell buyers about problems with my neighbours?

You must disclose any formal disputes or complaints involving neighbours, including those that have been resolved. This is asked directly on the TA6 form in the disputes and complaints section. However, you are not required to volunteer general opinions about your neighbours or mention informal annoyances that never resulted in a complaint. If a dispute was reported to the council, police, or any other authority, it should be disclosed.

What happens if I lie on the Property Information Form?

If you deliberately provide false information on the TA6 form, the buyer can bring a claim for misrepresentation against you after completion. Under the Misrepresentation Act 1967, this could result in you paying damages to cover the buyer's losses. In serious cases of fraudulent misrepresentation, the court can rescind the contract entirely, effectively reversing the sale. You may also face action under the Consumer Protection from Unfair Trading Regulations 2008.

Do I have to disclose if someone died in my property?

There is no legal requirement in England and Wales to disclose that someone died in your property, even if the death was violent or unusual. Deaths are not considered a material fact affecting the physical condition of the property. However, if a buyer asks you directly and you lie, that could amount to misrepresentation. The safest approach is to answer direct questions honestly but understand that you are not obliged to volunteer this information.

Am I legally required to disclose Japanese knotweed?

Yes. The TA6 form specifically asks about Japanese knotweed in the environmental matters section. You must disclose whether knotweed is present on your property or within three metres of the boundary. Failing to disclose knotweed when you knew about it could lead to a misrepresentation claim. Mortgage lenders take knotweed very seriously, and some will refuse to lend unless a professional management plan with an insurance-backed guarantee is in place.

What is the difference between "not known" and not disclosing something?

Answering "not known" on the TA6 form means you are telling the buyer that you genuinely do not have the information being requested. This is a legitimate and legally safe answer when used honestly. Deliberately choosing "not known" when you do have the information, however, is a form of concealment and could be treated as misrepresentation. The distinction matters because courts will look at whether a reasonable person in your position would have known the answer.

Do I need to disclose damp or structural problems?

You should disclose any known defects, including damp and structural issues, when asked about them on the TA6 form or in response to buyer enquiries. While the caveat emptor principle means the buyer is expected to arrange their own survey, deliberately hiding a known structural problem, for example by covering up damp patches before viewings, could amount to fraudulent misrepresentation. Honesty is always the safer course.

Does caveat emptor still apply to house sales in England?

Caveat emptor, or buyer beware, remains the underlying principle in residential property transactions in England and Wales. The buyer is responsible for commissioning their own survey and searches. However, this principle has been significantly modified by the TA6 disclosure form, the Misrepresentation Act 1967, the Consumer Protection from Unfair Trading Regulations 2008, and National Trading Standards guidance on material information. Sellers cannot simply stay silent about known problems.

Do I have to disclose building work done without permission?

Yes. The TA6 form asks specifically about alterations and whether planning permission and building regulations approval were obtained. If work was done without the necessary consents, you must say so. Trying to hide unauthorised building work is one of the most common causes of post-completion disputes. If consent was never obtained, your solicitor can advise on options such as retrospective regularisation or indemnity insurance.

Can the buyer sue me after completion for non-disclosure?

Yes. A buyer can bring a civil claim against you after completion if they discover that you provided false or misleading information, or deliberately concealed material facts. Claims are most commonly brought under the Misrepresentation Act 1967 and can be made for several years after the sale. The buyer would need to show that your misrepresentation or concealment induced them to enter the contract and that they suffered a loss as a result.

Do I have to disclose past flooding?

Yes. The TA6 form asks directly whether the property has ever been affected by flooding, including from rivers, the sea, groundwater, or surface water. You must disclose any flooding event you are aware of, even if it was minor or happened many years ago. Failing to disclose a known flooding history is one of the clearest examples of misrepresentation, particularly because environmental searches and insurance records can easily reveal the truth.

What you need to know