What Sellers Are Legally Required to Disclose in 2026

In England and Wales, selling a house means disclosing everything material about it. That obligation is backed by strict law: the Misrepresentation Act 1967, the Consumer Protection from Unfair Trading Regulations 2008, and Common Law. Get it wrong and you face civil damages claims, forced contract rescission, or criminal prosecution. Get it right and you avoid months of litigation and potentially six-figure costs.

What changed with the TA6 form on 30 March 2026?

The 6th edition TA6 represents a significant simplification from the 5th edition. Instead of 25 sections crammed with historical and administrative detail, the new form has 15 focused sections that ask specifically about material facts. The shift is intentional: the law recognises that sellers do not always have complete historical knowledge, but if you are aware of a problem, you must disclose it.

What must you disclose about flooding and water ingress?

Question 7.1 on the TA6 asks whether any part of the property has ever been flooded. The answer must cover all sources of water: burst pipes, overflowing drains, river flooding, surface water pooling, basement seepage, and water ingress from adjacent properties. The timing is irrelevant — a flood five years ago must still be disclosed.

What must you disclose about neighbour disputes and boundaries?

Question 2.1 asks whether there have been any disputes with neighbours about boundaries, access, shared facilities, or use of the property. This includes disputes that have been fully resolved. If you had a boundary argument three years ago that was settled to everyone’s satisfaction, declare it. If a neighbour complained formally about noise, declare it. Historical disputes inform the buyer about the property’s title risk.

What must you disclose about structural defects and building work?

You must disclose if you are aware of: subsidence, cracks in walls or ceilings, damp (rising, penetrating, or condensation), roof leaks, problems with windows or doors, faulty electrics, plumbing issues, boiler problems, or any structural work done without approval. If you have had repairs done, disclose them. If you have covered up a problem temporarily, disclose it.

Which four laws govern seller disclosure?

All four mean the same thing: if you know something material and you do not tell the buyer — either in the TA6, in responses to searches, or in marketing materials — you are breaking the law.

What happens if you do not disclose?

Before completion: You will be asked to renegotiate or the buyer walks. You lose the sale and the issue is now known to future buyers anyway.

After completion: The buyer can sue for damages under the Misrepresentation Act. They may claim rescission (unwinding the entire contract), damages (the difference between what they paid and actual value), plus all legal costs. A buyer suing for undisclosed damp or subsidence can claim not just repair costs but the full reduction in property value.

Criminal prosecution: If you deliberately concealed material facts — painting over damp, fabricating false records — Trading Standards can prosecute under the Consumer Protection Regulations. Convictions carry fines up to £20,000 and potential imprisonment.

What are the critical areas where sellers get caught?

Damp and water ingress is the most common disclosure issue. If your property has had any damp treatment, chemical injection, or dehumidifiers in use, disclose the date, type of damp, affected areas, and what treatment was done. A burst pipe is flooding. Basement water ingress is flooding. Do not rebrand it as “occasional damp” — courts have made clear that minimisation is itself misrepresentation.

Building work without approval catches many sellers. A loft conversion done by a local builder without Building Control is a major liability. An extension built 15 years ago without approval still needs disclosure. Disclose it and let the buyer decide whether to regularise through a Regularisation Certificate or indemnity insurance.

Insurance claims and previous damage must be stated. Insurance underwriters keep permanent records. If you omit a claim and the buyer later finds evidence, they can sue for misrepresentation. Silence on insurance history is one of the most common grounds for post-completion claims.

Japanese knotweed is now specifically asked about on the TA6. If you answer “No” and the buyer discovers knotweed later, they can sue for fraudulent misrepresentation. Since 2026, lenders rely on the RICS Professional Standard using a four-tier Management Category system rather than the old 7-metre rule.

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