If you’re selling – or planning to sell – your property, there are certain requirements that you need to ensure are in place as part of the selling process. While we would always encourage homeowners to ensure all of the below are up to standard, to help you understand what is legally expected of you, we spoke to a local solicitor to get their insight into what is legally required of the seller for a number of areas that we regularly get asked about.

If you’re buying it’s also useful to read this blog to ensure you understand what the seller needs to have in place, and what you might want to have checked if you’re thinking about buying a property. 

All of the information outlined here is correct at the time of writing in January 2025, but legislation can change – please speak to us if you have any questions.

1. A boiler service report

Perhaps surprisingly, it is not a legal requirement to service your boiler. Most people do it regularly to ensure their safety and keep it running efficiently, but it doesn’t have to be done to sell a property. If you’re a buyer it’s worth asking when the boiler was last serviced, but legally the seller does not need to service it as part of the sales process. 

2. HETAS certificate for a wood/multi fuel burning stove

HETAS (Heating Equipment Testing and Approvals Scheme) is a not-for-profit organisation set up to ensure consumer safety. It works to promote the highest standards for fuel, appliances and people to encourage the safe, efficient and environmentally responsible use of solid fuels, including wood.

It offers a competent person scheme for installers of biomass and solid fuel heating, registration for retailers and chimney sweeps and approval of appliances and fuels. 

It also provides a Certificate of Compliance, which homeowners can get to demonstrate that the installation complies with the relevant Building Regulations. The detail provided on the certificate is used to record the installation and notify the Local Authority Building Control Department of the work completed. This self-certification takes the place of a Local Authority Building Notice.

While a HETAS certificate is not mandatory for sellers to obtain, it is strongly recommended, and since 2005 it is a legal requirement to notify a local authority of the installation of any solid fuel or wood biomass system.

3. An electrical report on the property

As a seller, it is not a standard legal requirement that you provide an electrical report to the buyer. However, you need to be aware that there are some exceptions. If you have had any notifiable electrical works done to the property since 2005 the law requires you to provide an Electrical Installation Certificate. Notifiable electrical works could include changes such as new circuits, re-wiring of the property, electrical installations or additions to existing circuits. If you have had any of these works done you must arrange to have the Electrical Installation Certificate available for the buyer.

It’s also worth noting that if you have a rental property that has tenants, then by law you must have an Electrical Installation Condition Report (EICR) to sell the property. It is mandatory to secure the EICR certificate once every five years for all private rental properties, so landlords need to factor this into their sales process. 

4. Private drainage emptying/checks

If you’re selling a property then you are obliged to inform the buyer in writing if the property has a septic tank, cesspit or a private treatment plant and what type of maintenance is required. You must also be sure to provide details of any changes you’ve made to the system, a full description of the drainage system (including location and discharge point), as well as information on maintenance costs to give the potential buyer all the insight they need to make an informed decision. 

In addition, as a seller you must check that your septic tank complies with the ‘general binding rules’ by ensuring it is maintained properly, and that the tank is not draining into a freshwater source. Here in Wales the system needs to be registered with Natural Resources Wales by law, you can find out more information about their requirements here. 

Finally, one thing that may surprise some readers is that it is not compulsory to empty the system as part of the sales process. The exception to this rule is if the sellers have limited knowledge about the property, for example in the case of a probate sale. Then, the seller should arrange for the system to be emptied for the buyer. We do recommend that you wait until after your buyer has had a survey done on the property before you empty the tank, just in case they require an additional survey of the drainage system – there is no point in emptying it twice!

In short, there are a range of things that you can do to make your home more attractive to buyers, as well as elements that are legally required to sell your property. Speak to us if you’d like to discuss selling your home and the steps involved to make it more saleable.

If you’re a buyer then you should be aware that surveyors will highlight the points above as potential Health and Safety risks, purely because they rarely see certificates for them when they conduct the survey. Please remember that the seller is under no legal obligation to provide these certificates/checks and you may need to factor these costs into your purchase decision.