Information and documents your conveyancer will need to sell your property.
Your conveyancer will need a number of documents from you which are required by the myriad of rules and regulations.
Your buyers will also need to see documents regarding any improvements such as an extension to the property or a new boiler.
You should begin to put together the documents needed as soon as you put your property on the market.
So here’s the list
- Identity documents. To comply with money laundering regulations, your conveyancer will need to see two original documents proving who you are –
- a) A ‘photo ID’ e.g. passport, photo driving licence or bus pass.
- b) A document that shows your address, such as a council tax bill or recent bank statement.
If you have changed your name e.g. married, then your conveyancer will need to see a copy of the marriage certificate. (A copy can be taken and the original returned to you).
Evidence of your residency status may now also be required.
(Such documents can usually be e-mailed but may have to be posted).
You may have to log onto an online identity check using your laptop or PC camera. (The fee for this will be one of the disbursements).
- Source of funds.
If you are buying on then Anti-money laundering and Proceeds of Crime laws REQUIRE conveyancers to check the source of the funds you are using to purchase your property.
Typical evidence required might include: –
Sale proceeds – A letter or completion statement showing the net proceeds of your sale (Of course if your conveyancer is dealing with your sale at the same time then he or she will already have this information.
Savings – Bank statements for your savings account will be needed going back 6 MONTHS. (Online screenshots or photo’s of your online statement will NOT suffice).
Gifts – 6 months bank statements for ‘Bank of Mum and Dad’ will be needed as above.
Inheritance – Estate accounts or a letter from the lawyers dealing with the probate will be required.
Money from abroad – Statements (translated and GBP equivalent) will be required and possibly a certification from a foreign lawyer.
EVIDENCE OF SOURCE OF FUNDS IS MANDATORY SO IF YOU CAN’T PROVIDE THIS, YOU WILL NOT BE ABLE TO PROCEED WITH YOUR PURCHASE.
- Land Registry title document.
Most properties are registered at the Land Registry, it would be helpful to your conveyancer to give him or her, the ‘Title Information Document’ or even just the title number.
However your conveyancer can search the Land Registry and obtain official copies of the Land Registry title almost as easily.
If your property is not registered at the Land Registry, then your conveyancer will need to see your original title deeds. You may have these at home or they may be stored by the conveyancer who acted for you in the purchase of your property.
If you bought your property say over 20 years ago with the aid of a mortgage; it may be that your mortgage lender holds your deeds (although they rarely do so now).
- Old consents and certificates. You will also need to pass across to your conveyancer any planning permissions, building regulation certificates or guarantees passed to you when you purchased. E.g. by the previous owner who built an extension or added a conservatory.
- New home guarantee.
If your home was built within the last 10 years then it should have an N.H.B.C. or L.A.B.C certificate (or similar) new build guarantee.
(Note also the N.H.B.C. certificate may also ‘double’ as the building regulation certificate, so keep is safely, even if it is over 10 years old).
It is essential to pass over any documents for work you have carried out to your home. These might include: –
- a) Planning permissions.
New houses, larger extensions and ‘change of use’ will need planning permission.
(Some small extensions or conversions (e.g. the garage into a bedroom) may not need planning permission because they are allowed under the ‘General Development’ order. This is known as ‘permitted development’.
However, check with your local council as councils can ‘suspend’ the order for certain areas).
Generally, homes in Conservation areas will always need planning permission.
Listed Buildings will need Listed Building consent for ALL changes.
- b) Building Regulation Consent.
All extensions or other structural alteration will need building regulation consent. Sometimes this is obtained by the prior approval of building plans. Alternatively the local council’s building inspector will carry out inspections at certain stages of the build or work.
The building control officer will issue a Final certificate when the work is finished and you need to pass this to your conveyancer.
(If you (or your builder) omitted to arrange for the final inspection and certificate, contact your local council building control to arrange this straight away).
Loft conversions in particular (e.g. to form a bedroom or study) will need building regulation consent. The conversion will have to include fire prevention measures and now, adequate insulation.
When selling your home with a loft conversion, make sure it has building regulation consent. If I doesn’t (and you can’t afford to pay to bring it up to current building standards), make sure this is made clear in the particulars of sale.
(If you don’t have building regulation consent, then any suggestion that the loft can be used for anything other than e.g. storage; will likely be a mis-description. The buyers might later be able to sue you for misrepresentation. I believe even a photograph showing it used as living space would be misleading).
Other ‘structural’ alterations e.g. even cavity wall insulation, will need Building Regulation consent (or a registered professional’s ‘self-certificate’). Again see your local council building control officer for guidance.
If you have lost your planning permission or building regulation certificate, copies can usually be obtained from your local council and often online.
2. Doors and windows
If uPVC, they should come with a guarantee and (since 2002) will need a FENSA certificate. This certificate is in effect a building regulation certificate under the ‘Fenestration Self Assessment scheme’.
3. Electrical work.
All electrical work from partial rewiring through fitting an electric shower to a full rewiring of the house; should have been done by a qualified electrician. Again a written guarantee should be provided and either a building regulation certificate or an NIC EIC registered contractor’s certificate or equivalent.
4. A new boiler, (fire or cooker)
If you have any of these fitted then again you should have the guarantee and ‘commissioning’ certificate:
If a gas boiler (fire etc) then a Gas Safe Building Regulations Compliance certificate.
If an oil fired boiler then an OFTEC issued certificate.
If a bio fuel or solid fuel boiler (or e.g. wood burning stove) a HETAS certificate will have been required.
5. Damp proofing or timber treatment
Such work is usually carried out for old properties and again you should have a guarantee and certificate to hand over to your conveyancer.
If you have lost any of the above certificates, duplicates can be purchased from the organisation who issued it or possibly your contractor who carried out the work in question.
If you (or your contractor) failed to obtain the necessary certificate, then you should ideally get the work done, retested or inspected.
If you have a mortgage please provide your conveyancer with the name of the mortgage lender and your mortgage account number.
Property forms.
There are two Law Society forms that your conveyancer will send you to complete: –
- The Law Society’s ‘transaction’ Property Information form (TA6). This is a questionnaire about the property and you tick the appropriate box and add details. E.g. ‘Have you replaced any windows?’ If you have, then tick ‘Yes’ and the box ‘Guarantee and FENSA certificate enclosed’. Send all such documents you refer to, to your conveyancer with the form.
If you are unsure how to answer any of the questions, ‘pencil in’ your reply and ask your conveyancer’s advice when returning the form.
2. The Fixtures and fittings form (TA10). On this form you simply tick items under the ‘Included’ or ‘Excluded’ columns as appropriate or ‘None’. You can indicate a price if you are offering an item for sale.
E.g. ‘Cooker’ – Included o Excluded o (for sale) £200.