Property particulars explained: what information estate agents must provide

For many years, it was a running joke that what was stated on the property details provided by an estate agent couldn't always be trusted because of the language used to describe the home that they were attempting to sell skewing reality.

Nothing beats visiting the property you're interested in, of course, to see what it's like, what the location offers, encroachment of neighbours and so on, but, over the years, a lot of work has gone into ensuring the estate agents' particulars for each property are clear and, most important, factual.

Various governmental plans have been tried to bring what is given to prospective buyers a completeness that had been previously missing, and to try to streamline and improve the conveyancing process, with the most ambitious being (for England and Wales) the Home Information Pack (or HIP), which was introduced in April 2009.

The contents of that HIP included:

• The Property Information Questionnaire, which provided similar information to the conveyancing form TA6 (the Property Information Form).

• The Energy Performance Certificate (EPC), which is a professional assessment of the energy efficiency at the property and its CO2 bearing. Graded from A (the best) to G (the worst), the EPC also provides advice on improvements that can be made.

• A Sustainability Certificate, which was intended for new-build homes only, and looked at the use of sustainable sourcing of materials from which it was constructed.

• Sale Statement, which itemised the background for the sale and specifics of the property.

• Land Registry documentation, which detailed the history of the property with respect to prior sales in addition to considerations regarding the use of the property and boundaries.

• Home Condition Report, which is essentially the building survey and was intended to be brought under the responsibility of the seller to avoid the necessity of successive buyers employing their own chartered surveyor.

For a variety of reasons, it was deemed an unwieldy process that added complexity where streamlining was intended. In May 2010, with a change of government, HIPs were first suspended and then removed from the selling process. Of the list that had formed the HIP, only the EPC survived the cull, and it is now a legal requirement for whoever is marketing the sale of the property to provide this certification of energy performance.

Fast forward to the end of 2023 and the National Trading Standards' Estate and Lettings Agency team (NTSELAT) published guidance on what should be the minimum detail and information regarding any property that they are marketing.

These are:

• The asking price for the property, which is, of course, subject to negotiation and agreement with any intended buyer.

• Floor plan and measurements, which provides the dimensions of each floor of the property, as well the layout in basic architectural drawings, including the way doors open and position of plumbing and heating systems.

• EPC rating, the survivor from the HIP process and which is the grade provided by a professional assessor. It gives the buyer an understanding on what efforts might be required to raise the grade should they go ahead with the purchase.

• Council tax banding and the local authority responsible for administering it, and it may include the amount of monthly and full-year tax currently being charged for the property, based on the property being the main home.

• The tenure, detailing the conditions under which the associated land and/or buildings are occupied.

• Other financial charges that apply, which might include ground rent, management services charges, and so on (usually for the purchase of a leasehold property, although there may be covenants at a freehold property that incur additional charges).

• Parking arrangements for the property's occupants, which will detail off-road parking arrangements and garaging, or, if on-road parking, whether parking permits are in force and if there are specific allocated bays.

• Details of the utilities that are connected to the mains: water, sewerage, and electricity.

• Details of the broadband providers and its prospective speed.

• Mobile phone coverage and the service providers.

The estate agent can write up a description of the property and each of the rooms within it to help the buyer understand more about how the property is used and the flow of activity through it. Where these were once embellished in the past to make it sound grander or bigger than reality, this has now stopped so that you can reasonably expect that what is written in the particulars is a reflection of the reality for the property.

However you are planning on buying your property, whether it is through an online property portal or a high-street agent, or even directly from the buyer in a private purchase, you can be sure that you have all the relevant information to hand.

When you are ready to buy your next home after looking through the sheaf of property particulars and visiting it to get a feel for the place, you'll want to get the legal process moving as quickly and as efficiently as possible.

To this end, look no further than Homeward Legal, whose conveyancing solicitors are focused on your needs with a drive to complete your transaction as quickly as possible.

Our conveyancers will start work on your plans as soon as you agree to the quotation and appoint them to represent you.

Homeward Legal will also provide a quote that will not change - what you are quoted is what you pay for standard conveyancing process, which means you can effectively budget for your conveyancing needs.

There are some unforeseen items that might arise during the purchase and/or sale, which includes a specialist flood assessment report, but the solicitor discusses these and their cost as they come up.

In addition, to protect the homebuyer further, Homeward Legal operates a 'no completion, no fee' promise, which ensures that, should the purchase or sale not go through as planned to completion status, no payment is required.

Call to get your conveyancing quote started, or to discuss your concerns with your plans to move.

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