Selling Your Property? Here's How to Prepare and Get Legally Ready

Being 'Contract-ready' means you have all necessary documents prepared and can move quickly once a buyer is found. 
Here is a comprehensive guide on how to get legally ready when selling your property. 

Instruct a Solicitor or Conveyancer Early 

You don't need to wait until you've accepted an offer. Involving a legal professional early in the process can make a difference as they can: 

• Identify potential legal issues early and advise on how to remedy them 
• advise on documents or certificates that may be missing or need updating
• guide you through the forms you will be required to complete. 

First of all, you will need to prove your identity to both your estate agent and your solicitor. Most firms require a photographic ID (passport or driving licence) and a recent proof of address (usually within the last 3 months).  Many firms now offer online ID verification, making the process faster and more convenient. 

Legal Capacity to Sell

Your solicitor will also check that you have the legal authority to sell the property. Common scenarios include: 

• Change of name - If your name has changed (e.g. through marriage), and differs from what's on the title register, you'll need to provide evidence such as a marriage certificate. Some solicitors will insist that this is registered at the Land Registry before exchange of contracts
• Power of Attorney - If you're selling on someone's behalf, provide the Power of Attorney
• Executor or Administrator - If you're selling a deceased person's property, you'll need the Grant of Probate (or Letters of Administration) and the death certificate.

What documents will you need? 

• Title documents - These are essential to prove ownership. For registered properties, your solicitor can obtain the title register and plan from HM Land Registry. For unregistered properties, you will need to provide original title deeds, including old conveyances and plans. Your solicitor will explain what is required
• Energy Performance Certificate (EPC) - This is a legal requirement. You must have a valid EPC before marketing the property. You can check whether your property has a valid EPC by searching the UK government EPC register - Find an energy certificate - GOV.UK. If it's expired or missing, the website also provides guidance on how to obtain a new one. Your estate agent can usually help arrange for an accredited assessor to carry this out on your behalf
• Property Information Form - This is one of the key forms in a sale and will usually be provided by your solicitor. It covers information in relation to boundaries; disputes; notices and proposals; alterations; planning and building control, etc
• Fittings and Contents Form - This form lists the items which will be left at the property on completion
• Mortgage or other loan or charge details - If there is a mortgage or any other financial charge secured against the property, your solicitor will need the details. They will contact your lender to obtain a redemption statement, which sets out the amount required to repay the loan on completion. This ensures that your mortgage (or any other secured debt) is legally discharged when the sale completes.

Certificates, Guarantees and Legal Approvals

If works or treatments have been carried out at the property, or if appliances are being left, the buyer's solicitor will likely ask for evidence. Common documents include:

• Gas Safety Certificate - Confirms your boiler or gas appliances are safe and serviced.
• Electrical Installation Condition Report - proves that the electrical systems meet current standards.
• FENSA Certificate - If windows or doors were replaced since April 2002, this confirms compliance with building regulations.
• Planning Permission and Building Regulations Certificate - Required for extensions, structural changes, or other building works.
• Listed Building Consent or Conservation Area Consent - Needed for works on listed properties or those in conservation areas.
• Guarantees and warranties - This may include: 
  
  • new build structural warranties (e.g. NHBC)
  • damp-proofing or timber treatment guarantees
  • Japanese knotweed treatment guarantees
  • appliance warranties, if any items are being left.

Selling a Leasehold Property? 

If your property is leasehold, additional documentation will be required:

• Leasehold Information Pack (LPE1) - Your solicitor will request this from the landlord or managing agent. It includes information in relation to ground rent, service charge accounts, insurance, and planned works. A fee is usually payable, to the freeholder or managing agent
• Leasehold Information Form - This form provides additional information about the lease, including service charge payments, contact details for the landlord or managing agent and any know disputes and issues
• share or membership certificate - If the freehold is owned by a residents' company and you hold a share, provide this too
• living in a high-rise property? If your leasehold property is 11 metres tall or 5 storeys high, it will usually fall within the Building Safety Act 2022, in which case you must serve a Leaseholder's Deed of Certificate on the landlord, and the landlord must then provide a Landlord's Certificate. You can refer to Leaseholder protections: deed of certificate - frequently asked questions - GOV.UK for further information.

Selling your home is a major milestone and getting legally prepared from the outset can make the journey smoother. If you are thinking about selling, consider speaking to a solicitor or conveyancer early. A bit of legal preparation now can make a difference later.