Preparing for sale? What steps do you need to take?

Sort your title deeds

This might sound like stating the obvious, but I can’t tell you how often I’ve had sellers caught out by issues with their title deeds.

If you’ve got a mortgage, your lender likely holds them, but if your property is mortgage-free, make sure you know where they are.

If you’re unsure or can’t find them, don’t panic – they’ll be electronically registered with HM Land Registry if your property has been bought since 1990.

However, if your property is unregistered, you’ll need to provide the original deeds.

Sorting this out early can save you a lot of time and stress later on.

Check for restrictive covenants

A big one that catches many sellers out is restrictive covenants on the property.

These are legal obligations or restrictions placed on the land, which could prevent the new owners from making certain changes.

For example, you might have a covenant that prevents you from adding an extension or running a business from the property.

These will be detailed in your title deeds, so it’s worth reviewing them – or asking your solicitor to do so – to avoid any nasty surprises when your buyer’s solicitor digs into the paperwork.

Deal with boundary issues

Boundary disputes are one of the most common causes of delays in the sale process.

If you’ve had any disagreements with neighbours over fences, walls, or shared access, it’s important to resolve these before putting your property on the market.

I’ve seen sales fall through simply because a seller thought a small dispute wasn’t worth mentioning – only for it to blow up later.

Make sure you’re clear on where your boundaries are and, if necessary, get a boundary survey done to clarify any uncertainties.

This can help avoid potential legal disputes and hold-ups during the sale.

Sorting out your property’s history

If you’ve had any major works done to your home – extensions, loft conversions, or even significant electrical or plumbing work – you’ll need to have the relevant planning permissions and building regulation signoffs in place.

Buyers and their solicitors will want to see that everything was done properly and is above board.

Without these documents, you might find yourself needing to take out indemnity insurance, which can be an extra cost and hassle.

If your property is listed or in a conservation area, be prepared to show that any alterations comply with specific planning rules.

Failure to do so could not only slow down your sale but lead to legal issues for you and your buyer down the line.

Leasehold properties – know your rights and obligations

Selling a leasehold property adds an extra layer of complexity.

You’ll need to provide a copy of the lease and details of the ground rent, service charges, and any major works planned for the building.

The buyer’s solicitor will go through these with a fine-tooth comb, so make sure everything is in order.

In particular, be aware of the length of the lease remaining.

Anything under 80 years can be a sticking point for buyers, as extending a lease can be costly and time-consuming.

If you’re in this situation, it might be worth extending the lease before selling to avoid complications.

Don’t forget, if you’ve made alterations to your leasehold property, you’ll need to provide evidence that you obtained the necessary consents from the freeholder.

Missing paperwork here can delay a sale by weeks or even months.

Get your property information forms completed early

One of the most important steps when preparing to sell is completing your property information forms (TA6 and TA10).

These forms cover everything from boundaries, disputes with neighbours, and any alterations, to details about utilities and parking arrangements.

Buyers rely on these to get a clear picture of the property they’re purchasing, and any gaps or errors can delay the process or even lead to claims of misrepresentation later on.

Remember, failing to disclose issues with your property or misleading a buyer can result in disputes or legal action later down the line so it is always best to ensure your documents are accurate – regardless of whether you feel this may devalue the property.

I always advise my clients to complete these forms as thoroughly as possible and get their solicitor to review them before they’re sent to the buyer’s solicitor.

Managing the chain

This isn’t exactly a legal point, but it’s worth mentioning because it can have legal consequences.

If you’re part of a property chain (where your sale is dependent on another buyer or seller completing their transaction), things can get complicated.

Make sure your solicitor is kept informed of any developments in the chain, as delays or issues further down the line can impact your sale.

Your solicitor can help keep things moving and may be able to negotiate flexible completion dates to keep everyone happy.

Consider your tax obligations

Again, not entirely a legal point, but non-compliance can result in legal issues.

Selling a property can trigger Capital Gains Tax (CGT) if the property is not your main residence or if you’ve let it out at any point.

While this might not apply to everyone, it’s essential to check whether you’ll need to pay any tax on the sale.

You might need to inform HMRC and pay the tax within 60 days of the sale.

Speaking with a tax adviser early on can help you budget for any potential tax liabilities and we have the necessary connections to put you in touch with one.

Don’t go it alone

Remember, your relationship with your solicitor serves two purposes:

1. To keep you on the right side of the law.
2. To guide you through the conveyancing process.

In my opinion, as a solicitor, the second one is just as important.

We’re able to give you specific advice and guidance on how to manage the process of selling your house.

If you’re looking for help with selling a home, please get in touch with our conveyancing team.