Selling a property is often an exciting milestone, symbolising the start of a new chapter - whether you’re upgrading from a flat to your first house, or downsizing after your children have left home.

That said, the selling process can feel a bit overwhelming, as you will likely encounter new considerations that you wouldn’t have experienced when buying your home. From navigating unfamiliar legal jargon, to understanding the requirements for sellers, there’s a lot to consider.

To help make the journey smoother, we recently hosted a Q&A on our Instagram channel with ASPC member firm Burnett & Reid. In this blog post, we’re sharing the key questions sellers asked about the legal aspects of selling a home, along with expert advice from Colin Bremner, Solicitor at Burnett & Reid…

1. Do you have to disclose if there have been any disputes between neighbours?

“Sellers have to disclose any ongoing disputes relating to things like access rights, shared property (such as a shared garden or driveway) or boundary lines. If there’s an argument as to where a boundary lies, or whether one owner has access rights through a neighbour’s property, that would be classed as a ‘dispute’ even if lawyers hadn’t become involved to resolve the issue. 

“If there was a disagreement as to how to share the cost of common repairs (or even potential repairs) in a flat, that could also be a dispute. However, if the reason for the sale was just a general falling out with the neighbours, that’s not necessarily something that needs to be disclosed.”

2. What is a property title deed and do I need to verify its accuracy before selling?

“A property title deed is essentially just an entry in the Land Register of Scotland that shows who owns a property. The vast majority of titles will now be registered in this way and it’s easy for any lawyer to download a copy of the title from the Land Register website. 

“The Land Register system is based on the Ordnance Survey (OS) map of the area and title plans will show the boundary lines between properties. Old fashioned paper title deeds are now unusual, but in cases where a property hasn’t changed hands for 30 years, or where the current owner has inherited or been gifted ownership more recently, the title may still be held on the old Register of Sasines.

“In these cases, your lawyer will need to have the original paper titles. If they’re not held by the owner, they will likely be held by any mortgage lender or by the solicitor who acted at the time of purchase. Any lawyer selling a property with an old fashioned title will ask the Land Register to check that title boundaries shown in the paper deed (what you own) match the OS map of the area (what you actually possess).”

3. Do you have to get a Home Report?

“Home Reports are required if the seller is marketing a property for sale. The property cannot be listed for sale publicly without having the Report to hand, by Act of The Scottish Parliament. This is regardless of where the property is being advertised - whether listed with an agent or sold at auction.

“However, if a property is being sold off market, through a private sale where the property isn’t publicly listed for sale anywhere, there is no obligation on the seller to provide a Home Report. For example, a landlord selling to a tenant has no obligation to provide a Home Report.”

4. What legal documents are required for selling a home?

“In addition to the title deed, sellers will need to provide any documentation in respect of alterations to the property that required council consent (planning consent, a building warrant, stamped plans and a completion certificate), if that work was carried out less than 20 years ago. 

“In cases where the council was consulted at the time and advised that no consent was required, an email or document confirming this would be helpful for your lawyer. If you’re unsure if consent would have been needed, you should ask your lawyer rather than contact the council directly.

“Sellers will also need to provide any timber report and guarantee issued in respect of woodworm, wet rot or dry rot, or Japanese Knotweed treatment carried out in the last 30 years, plus any documentation in respect of a Feed In Tariff agreement if there are solar panels on the property. 

“If you have inherited the property - even if you inherited a one half share of the property when your spouse or partner passed away - it would be sensible to check with your lawyer that the title has been updated to reflect that and no additional paperwork will be required. 

“If the property is served by private drainage or water, your lawyer will need to obtain a copy of the registration certificate from SEPA for any septic tank and water tests to confirm the water supply meets council standards. There is generally no obligation to provide guarantees for repair work or servicing records for a boiler.

“Finally, if the property is less than 10 years old, your lawyer will need to see a copy of the NHBC insurance certificate or an architect’s certificate of supervision.” 

5. What are the top 3 things people should consider?

“Firstly, have your property looking as good as it can be when viewers arrive. It doesn’t need to look like a show house, but decluttering and having the property as tidy as it can be makes an enormous difference. It is a cliché, but first impressions count for everything. The more accommodating you can be for viewers the better!

“Secondly, make sure you are happy with the photographs on the listing. Buyers will look at those before and after reading any text or accessing the Home Report, so you want to ensure the photos showcase your property to its full potential. Floor plans are also hugely helpful for potential buyers.

“Finally, be patient! It can be very stressful having your property on the market for sale, particularly if you are marketing with the view to purchasing another property listed for sale. In the current climate, it sometimes takes a while to find a buyer. Plenty of properties sell in the first couple of weeks, but plenty don’t and it’s not a disaster if a buyer doesn’t appear immediately.”

At ASPC, we are passionate about helping buyers, sellers and renters across the North East find a home that best suits their needs. From the initial search to the keys being handed over, our dedicated team is here every step of the way.

To help make the process of buying your new home as seamless as possible, we’ve created a range of insightful blog posts and information pages. Browse our helpful guides here, or if you have any further questions, please get in touch with one of our team members on centre@aspc.co.uk.