Buying and selling a property is one of the most important financial decisions you will ever make in your life, and the value of the transaction will be significant in almost all cases. As well as ensuring that you find the right house or the right buyer, a big part of the process is completing the right documentation.
Put simply, if you do not have all your paperwork in order right from the start, you are almost certainly going to run into major problems. The more documents that are missing or incorrect, the greater the risk that the entire transaction may fall through. This will almost certainly cause a costly delay and, if it happens early on, can be a major source of stress for everyone involved.
Our guide to property market documentation will take you through all the documents you need to complete as a buyer or seller in the UK, in the order they are required, so that, if you are a first time buyer, it can help ensure a successful and stress-free transaction.
Table of Contents
For the Seller: The Paperwork that Proves Your Home’s Value
As the seller, you have the legal obligation to provide a buyer with all the information and paperwork they need to demonstrate the value of your property and give them peace of mind. Prepare this documentation early, before you even make your property available on the market, and your offer is far more likely to be accepted by a buyer and their solicitor, since it proves that you are organised and serious.
Proof of Identity and Address
Proof of identity and address is a mandatory requirement for all parties to a transaction under money-laundering regulations. Before either a seller or buyer can complete a transaction they must produce to their solicitor or estate agent a current photo ID (passport or driving licence), and recent utility bill or bank statement as proof of address.
Property Title Deeds
The property title deeds document provides proof that you are the legal owner of the property. This information is, in almost all cases, now held digitally by HM Land Registry, so your solicitor can easily access a copy of the records for your property. If your property is unregistered (unlikely if you bought after 1999, but not impossible) you will need to supply the original paper title deeds.
Energy Performance Certificate (EPC)
An energy performance certificate is a legal requirement before marketing your property and must be valid before an offer can be accepted.It rates your home’s energy efficiency from A (most efficient) to G (least efficient). That gives a prospective buyer an idea of their future energy costs and carbon footprint. The EPC is valid for 10 years. If your EPC is out of date or missing, you must arrange for a new one to be issued by an accredited energy assessor.
Property Information Form (TA6)
The Property Information Form (also known as TA6) is, in our opinion, one of the most important documents in the whole transaction process for the seller. It is a long and detailed questionnaire about all aspects of the property from boundaries and boundary disputes, to building works, services and utilities. This is your opportunity to be transparent with the buyer and create trust and openness. This not only helps the process run smoothly but can also help to avoid expensive legal problems at a later date.
Fittings and Contents Form (TA10)
The Fittings and Contents Form (TA10) helps you to state clearly which items are included in the sale and which are not. This can prevent any later misunderstanding and disputes between you and the buyer over items such as curtains, carpets, light fittings and appliances that you have left in the property and may be taking with you.
Planning Permissions and Building Regulations Completion Certificates
If you have had any work done on your property that changes the structure, such as an extension, loft conversion or even double glazing and new windows, you should provide the relevant planning permissions and building completion certificates. Lenders will often insist on this evidence before they will consider them for a mortgage offer.
Guarantees and Warranties
This is an opportunity for you to pass on any guarantees or warranties from recent work that the new buyer will be responsible for when they move in. For example, if you have had a new boiler installed or damp-proofing work done, any guarantees or warranties should be passed on to the new owner. This includes FENSA certificates for new windows or doors, which prove they meet building regulations.
Leasehold Documents
This applies if you’re selling a leasehold property (common for flats), You will need to provide a copy of the lease agreement, as well as a “management pack.” The management pack provides essential information about service charges, ground rent, buildings insurance and any planned major works.
For the Buyer: The Documents to Secure Your Purchase
The seller is responsible for property-related documents, but as a buyer you also have essential paperwork to get in order.
Proof of Identity and Address
As the buyer, you will also need to provide your solicitor with valid photo ID and proof of address.
Your solicitor will also need a copy of the formal mortgage offer from your lender, if you are not a cash buyer. This document provides proof of the mortgage you have been offered, including the amount you are borrowing, interest rate and all the terms and conditions of your loan.
Survey Report
You are not legally required to have a survey before purchasing a property, but it is a highly important document in our opinion and a vital protection for your investment. It is a detailed report by a professional surveyor that notes the overall condition of the property, highlighting any structural issues, damp, or other problems which could be a costly repair if not addressed.
Transfer Deed (TR1 Form)
This is the official legal document that transfers the property from the seller to the buyer on the day of completion. Your solicitor will prepare this document for you to sign on the day of completion.
Stamp Duty Land Tax Receipt (SDLT)
Your solicitor will take care of payment of SDLT on your behalf and will provide you with a receipt as proof of payment. It is important to be aware of current SDLT thresholds, and any changes to these in the future, since this can have a significant impact on your buying costs.
The UK property market is a heavily legally regulated space, and documentation is your best way to avoid a failed transaction. By proactively collecting documents and working with a reliable solicitor, both buyers and sellers can have confidence and clarity in the process.
The best way to start preparing your documentation is to not wait until a buyer has shown an interest or even made an offer, but rather to start early to ensure you have everything you need.
