🌿 Sellers: What Must Be Declared About Your Home?

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• Posted on 28th August 2026
• Category: Property Blog

⏱️ 5-minute read

Most sellers assume the awkward questions come later.

Perhaps several weeks after accepting an offer, when the buyer’s solicitor starts going through the paperwork and asking about rights of way, alterations, guarantees or something that happened with the neighbours years ago.

Increasingly, that information matters much earlier.

The principle is known as material information, and getting it right from the start can make the difference between a straightforward sale and an unpleasant surprise halfway through conveyancing.

📋 What Is Material Information?

Put simply, material information is information an average buyer needs to make an informed decision about a property.

Estate agents have legal responsibilities under the Digital Markets, Competition and Consumers Act 2024 not to mislead buyers by leaving out important information or presenting it in a way that is unclear or untimely.

There is no longer a prescribed property-specific checklist divided into Parts A, B and C. Instead, agents need to consider what information could genuinely affect a buyer’s decision about a particular property.

That might include straightforward facts such as tenure and costs, but it can also include issues specific to the home.

And that is where sellers have an important part to play.

🔎 What Sort of Things Could Matter?

Every property is different, so there is no single list that covers every sale.

However, information that could be relevant might include:

• Whether the property is freehold or leasehold
• Service charges, estate charges or ground rent
• Rights of way or shared access
• Restrictive covenants affecting how the property can be used
• Known flood risk or previous flooding
• Significant alterations or extensions
• Relevant planning permission or building regulation paperwork
• Known structural issues
• Unusual construction
• Issues affecting parking or access
• Solar panel arrangements
• A known boundary issue or neighbour dispute

Not every one of these will apply to every property.

The important question is whether something could reasonably affect a buyer’s decision to view, offer or proceed with the purchase.

🤝 Why Does This Matter to Sellers?

An estate agent can carry out checks and obtain information from reliable sources, but there will always be things only the homeowner knows.

An agent may not know about a historic disagreement over a boundary, for example, or that an extension was altered many years ago without the expected paperwork.

Finding these things out after an offer has been accepted can create problems.

The buyer starts asking questions. Their solicitor wants further information. Sometimes the lender becomes involved. Timescales slip and, in some cases, the buyer begins to wonder what else might appear.

Something that could have been dealt with calmly at the beginning suddenly becomes a problem several weeks into the sale.

📁 What Should Be Gathered Before Selling?

It is worth finding as much property paperwork as possible before marketing begins.

That could include planning permissions and building regulation certificates for alterations, along with guarantees or warranties for work such as damp treatment, replacement windows, roofing or cavity wall insulation.

For leasehold properties or homes on managed developments, details of service charges, management arrangements and other ongoing costs will also be useful.

Information relating to rights of way, shared drives, covenants, solar panels or previous insurance claims should be raised too.

Much of this information will eventually be needed by the solicitor anyway.

Getting organised early simply moves some of that work to the beginning of the process rather than waiting until a buyer is already committed.

⚠️ What If There Is Something Awkward?

Say it early.

There can be a temptation to worry that mentioning a problem will put buyers off. Occasionally it will, particularly if the issue means the property simply is not suitable for that particular buyer.

But discovering the same problem later rarely makes it easier.

A buyer who knows about an issue before making an offer can make a decision with the facts available.

A buyer who discovers it eight weeks later may wonder why it was not mentioned sooner.

There is an important difference between a problem and a surprise.

Most properties have quirks, restrictions or paperwork that needs explaining. Buyers can often accept those things when they understand them from the outset.

Trust is much harder to rebuild once it has been lost.

❓ What If Something Is Not Known?

Do not guess.

There will be occasions when a seller genuinely does not know an answer. That is very different from providing information without being sure it is correct.

An agent may be able to obtain information from an authoritative source, while some legal questions are better checked by a conveyancer.

The Government’s current work on material information specifically recognises that estate agents are not expected to be property lawyers or surveyors. Agents, conveyancers, sellers and other professionals may need to work together to establish accurate information.

The aim is not to know everything instantly.

It is to identify important questions early enough to find the answers.

🏡 Getting Ready to Sell?

This is one reason choosing an agent should involve more than asking who suggests the highest price or charges the lowest fee.

A good agent should ask questions.

Sometimes quite a lot of them.

That might make getting a property ready for sale feel slightly more involved, but there is a reason for it. Finding an issue before marketing starts gives everyone an opportunity to understand it and decide how it should be presented.

Finding the same issue two months after accepting an offer is considerably harder.

We would rather spend more time getting things right at the beginning than spend weeks trying to rescue a sale later.

If a move is being considered, get in touch and we can explain what information is worth gathering before the property goes on the market.

❓ Frequently Asked Questions

What is material information when selling a house?
It is information an average buyer needs to make an informed decision about a property. What is material can vary depending on the individual home and circumstances.

Are Parts A, B and C still used for material information?
No. The previous National Trading Standards framework using Parts A, B and C is no longer the current guidance. Estate agents’ responsibilities now sit within the Digital Markets, Competition and Consumers Act 2024, with new property-specific government guidance being developed.

Do problems with a property have to be disclosed?
Information that would be material to a buyer’s decision should not be hidden or misleadingly omitted. The safest approach is to raise a known issue with the estate agent and solicitor so its relevance can be properly considered.

Does a neighbour dispute need to be mentioned?
Potentially, yes. The circumstances matter, so a past or current dispute should be discussed with the solicitor and estate agent rather than simply deciding it is no longer relevant.

What happens if important information appears later?
It can result in additional enquiries, delays, renegotiation and, in some cases, the buyer withdrawing. Providing important information earlier gives buyers an opportunity to make informed decisions before becoming committed to the transaction.

What happens if the seller genuinely does not know?
Do not guess. Some information can be checked through authoritative records or with the help of a solicitor, surveyor or other professional.

If someone thinking about selling would find this useful, please share it with them.

🌿 About the Ethical Agent Network

We are proud members of the Ethical Agent Network, a national group of independent estate agents committed to honesty, transparency and doing things properly.

Membership is independently assessed rather than simply bought. For sellers and buyers, it provides another indication that the agent they are dealing with has been checked against clear ethical standards.

Sometimes doing the right thing means asking more questions at the beginning. But if those questions help prevent delays, surprises and failed sales later, they are well worth asking.

Sources: Ministry of Housing, Communities and Local Government, Material information in property listings, updated June 2026. Digital Markets, Competition and Consumers Act 2024. Government Home buying and selling reform roadmap, June 2026.

Thanks for reading
Michael