Lesser-Known Disclosure Guidelines for Home Sellers

When selling a property, most homeowners understand they must disclose major issues like structural problems or subsidence. However, several lesser-known disclosure requirements and ethical considerations often get overlooked. Understanding these obligations helps protect both sellers and buyers while ensuring a smoother transaction process or you can take the help of experts and contact estate agents Orpington.

Historical Incidents and Events:

Many sellers don’t realise they should disclose significant historical events that occurred at the property. For instance, if your home experienced flooding five years ago but has since had preventative measures installed, you must still disclose the original incident. Even if the problem has been fully resolved, buyers have the right to know about past issues that might influence their decision or insurance costs.

Similarly, if your property has been the site of a serious crime or death, the guidelines around disclosure become nuanced. While not every historical event requires disclosure, anything that could materially affect a property’s value or a buyer’s decision to purchase should be shared. This includes events that might impact the property’s future insurability or resale value.

Neighbourhood Development Plans:

Sellers often overlook their obligation to disclose information about planned developments in the surrounding area. If you’re aware of approved planning applications nearby, even if construction hasn’t begun, this information should be shared with potential buyers. This includes smaller developments like neighbours’ extension plans or larger projects like new housing estates or commercial developments.

The requirement extends to proposed changes in local infrastructure. Knowledge of planned road modifications, new transport links, or changes to school catchment areas should all be disclosed, as these factors could significantly influence a buyer’s decision-making process.

Environmental and Health Considerations:

Modern disclosure guidelines increasingly emphasise environmental factors. Sellers should disclose known information about soil conditions, previous land usage, and potential contamination risks. Even if these issues affect neighbouring properties rather than your own, sharing this knowledge becomes part of your disclosure obligation.

Health-related disclosures extend beyond obvious issues like asbestos. The presence of radon gas, history of pest infestations (even if treated), or previous remediation of mould all require disclosure. Additionally, if your property has ever been tested for environmental hazards, regardless of the results, these tests should be disclosed.

Building Works and Modifications:

While major structural changes obviously require disclosure, sellers sometimes overlook smaller modifications. Any work that required building regulations approval or planning permission must be disclosed, even if completed by previous owners. This includes seemingly minor changes like removing internal walls or installing new windows.

The absence of necessary approvals also requires disclosure. If you’re aware that certain works were completed without required permissions, this information must be shared. Even if the modifications appear professional and safe, the lack of proper documentation could affect the buyer’s ability to secure a mortgage or insurance.

Boundary and Access Issues:

Boundary disputes, even if resolved, should be disclosed to potential buyers. This includes historical disagreements about fence positions, shared access ways, or parking arrangements. Similarly, any informal arrangements with neighbours regarding shared maintenance responsibilities or access rights should be documented and disclosed.

Sellers should also disclose any rights of way across their property, even if rarely used. This extends to unofficial shortcuts that local residents might have historically used, as these could potentially become established rights of way through long-term use.

Utility and Service Considerations:

Modern disclosure guidelines increasingly focus on service-related issues. Intermittent problems with broadband connectivity, mobile phone reception, or television signal should be disclosed. In our increasingly connected world, these factors can significantly impact a property’s desirability.

Similarly, any history of utility service interruptions, water pressure issues, or drainage problems should be shared, even if they occur infrequently. This includes seasonal variations in service quality or reliability that might not be apparent during viewings.

Future Maintenance Requirements:

Sellers should disclose known future maintenance requirements, even if they’re not immediate concerns. For instance, if you’re aware that the boiler is nearing the end of its expected lifespan, or that the roof will likely need attention in the next few years, this information should be shared with potential buyers.

This extends to cyclical maintenance requirements that might not be obvious to buyers. If certain aspects of the property require specialist maintenance or have specific service intervals, these obligations should be clearly communicated.

Documentation and Record-Keeping:

Maintaining thorough records of all disclosures protects both sellers and buyers. Create a comprehensive file containing all relevant information, including correspondence about issues, quotes for remedial work, and maintenance records. This documentation helps demonstrate that you’ve met your disclosure obligations and can help prevent future disputes.

The timing of disclosures also matters. While some sellers wait until an offer is accepted before making detailed disclosures, earlier transparency often leads to smoother transactions and reduced risk of sales falling through at advanced stages.

Understanding these lesser-known disclosure requirements helps create a more transparent and efficient property market. While complete disclosure might seem daunting, it ultimately protects all parties involved and helps prevent costly disputes or legal issues after completion.