What Is Material Information? What You Must Disclose When Selling Your Home in the UK

Introduction: Why Disclosure Matters More Than Ever in 2026

Selling your home in the UK has always carried a legal obligation to be honest with buyers. But in 2026, the framework governing what you must disclose, when you must disclose it, and the consequences of getting it wrong has changed significantly.

The term material information describes any fact about a property that would affect a reasonable buyer's decision to proceed with a purchase, their willingness to pay the asking price, or the price they would be prepared to offer. Failing to disclose material information is no longer just a matter of professional standards for estate agents. Under the Digital Markets, Competition and Consumers Act 2024, which came into force in April 2025 and replaced the Consumer Protection from Unfair Trading Regulations 2008, omitting material information is automatically treated as an unfair commercial practice, regardless of whether the omission was intentional.

This guide explains what material information is, what you are required to disclose, when that disclosure must happen, how the obligation connects to the TA6 Property Information Form, and what happens if something important is left out.

Before you list, use the Cost Saving Calculator on YooSell to understand your net sale proceeds and plan the financial side of your move alongside your disclosure preparation.

What Material Information Means in Practice

Material information is not a fixed or exhaustive list. The underlying legal principle is whether a particular fact would influence a reasonable buyer's transactional decision. A fact that is material in one sale may not be material in another, depending on the property's characteristics and the buyer's likely priorities.

The Legal Definition

Under the Digital Markets, Competition and Consumers Act 2024, material information is defined as information that the average consumer needs in order to take an informed transactional decision. This includes information that the seller or agent has and that a buyer would consider significant when deciding whether to view the property, make an offer, or agree to a price.

Crucially, the law recognises two types of non-disclosure: misleading actions and misleading omissions. A misleading action is providing false or inaccurate information. A misleading omission is withholding information that a buyer needed and that would have changed their decision. Both are treated as unfair commercial practices under the 2024 Act.

The Shift from Parts A, B, and C to the DMCC Act

Between 2022 and 2025, the National Trading Standards Estate and Letting Agency Team published guidance that divided material information into three categories, known as Parts A, B, and C. This guidance was widely adopted across the property industry and shaped how portals such as Rightmove and Zoopla structured listing information.

In April 2025, when the DMCC Act came into force and replaced the regulations on which the NTSELAT guidance was built, that guidance was formally withdrawn. The practical content of what buyers need to know has not changed. The legal framework underpinning it has. The obligation to disclose material information continues under the DMCC Act and is enforced by the Competition and Markets Authority rather than through Trading Standards prosecutions under the old regulations.

For sellers in 2026, the clearest way to understand your disclosure obligations is to think about what a buyer would need to know to make a fully informed decision, rather than working through a withdrawn checklist. The TA6 Property Information Form, updated in March 2026, is the most structured tool for ensuring comprehensive disclosure.

Information You Must Always Disclose

Some categories of information are material for every property in every sale, regardless of what a specific buyer's preferences might be.

The Asking Price and Pricing Method

The asking price is fundamental information and must be stated clearly and accurately. Any pricing method that deviates from the expected interpretation, such as a guide price, an offer in excess of figure, or an auction guide, must be explained clearly so buyers understand what they are engaging with.

The Tenure of the Property

Whether the property is freehold, leasehold, or held on another basis such as commonhold must be disclosed. For leasehold properties, the remaining lease term is material, and buyers need to understand it before they can make an informed decision about proceeding.

Council Tax Band

The council tax band is a material ongoing cost of ownership and must be disclosed. Buyers need to know what they will pay in council tax before they can assess affordability.

The Property Type and Construction

The type of property, whether it is a house, flat, bungalow, maisonette, or converted dwelling, and the general construction type must be clearly stated. Non-standard construction such as prefabricated panels, steel frame, or timber frame that differs from conventional brick and block is particularly important to disclose, as it affects mortgageability and insurance.

Physical Characteristics

The number of bedrooms, bathrooms, and the overall floor area where known are material to buyers assessing suitability and value. Representing a room as a bedroom when it does not meet reasonable standards for use as a sleeping room, for example because it lacks adequate access, light, or dimensions, is a misleading action.

Information You Must Disclose Where It Applies

Some information is only material where the specific property is affected by it. If a property is not affected by a particular issue, there is nothing to disclose. Where the property is affected, the obligation to disclose is clear.

Utilities and Services

The connections available at the property for gas, electricity, mains water, and mains drainage must be disclosed. Where any service is not connected to the mains supply, the alternative arrangement must be explained. A property connected to a septic tank or a shared private water supply is different in important ways from one with standard mains connections, and buyers need to know this before they can assess running costs and future maintenance responsibilities.

Broadband type and achievable connection speed and mobile phone coverage level are now recognised as material information for most properties. The updated TA6 form includes connectivity questions, reflecting how important this has become for buyers who work from home or have high connectivity requirements.

Parking

Whether dedicated parking is available, its legal basis, whether it is included in the sale price, and any restrictions on it are material. This includes on-street parking restrictions, resident permit zones, the legal ownership of a driveway or garage, and any charges associated with a designated parking space.

Building Safety Issues

For flats and properties in multi-storey buildings, building safety issues are highly material. This includes cladding and external wall system status, EWS1 ratings where applicable, any outstanding remediation works, and whether the building is registered with the Building Safety Regulator under the Building Safety Act 2022. These issues directly affect mortgageability, insurability, and saleability and must be disclosed at the earliest opportunity.

Flood Risk

Whether the property has previously been affected by flooding from any source, including river flooding, surface water flooding, groundwater flooding, or sewer overflows, is material. You are also obligated to disclose any awareness of flood risk even if the property has not actually flooded during your ownership. Buyers need this information to assess insurance costs and future risk.

Japanese Knotweed

The presence of Japanese knotweed within the property boundary or on adjacent land that affects the property is material. Japanese knotweed is an invasive plant species capable of causing structural damage and affecting mortgageability and the ability to sell. Disclosing its presence, and any management plan in place, is essential.

Restrictive Covenants and Title Obligations

Any restrictive covenants registered on the title that limit how the buyer can use or alter the property are material. So are positive covenants requiring the owner to carry out specific maintenance, any rights of way or easements over the property, any shared access arrangements, and any ransom strips or unusual title configurations that affect the property.

These will be identified by your solicitor through the title register, but if you are aware of any such restrictions from your own experience of owning the property, disclose them in the TA6 rather than waiting for the conveyancing process to surface them.

Planning and Development History

Any planning permissions, planning conditions, enforcement notices, or development restrictions affecting the property must be disclosed. If you are aware of any planning applications for development near the property, such as proposed housing, road widening, or commercial development that you became aware of during your ownership, these should also be disclosed.

For listed buildings and conservation area properties, listing status, conservation area designation, any Article 4 Directions affecting permitted development rights, and any historic enforcement action related to listed building consent all fall within the material information that must be disclosed.

Disputes and Complaints

Any disputes, formal or informal, involving the property or neighbouring properties must be disclosed. This includes boundary disputes, noise disputes, access disputes, and any disputes with the local authority, managing agents, or other third parties. It also covers any complaints made to regulatory bodies about the property.

Undisclosed disputes are one of the most common sources of post-completion legal claims against sellers. Even disputes that were resolved during your ownership should be disclosed, along with the resolution, rather than treated as irrelevant history.

Alterations and Building Works

Any alterations or building works carried out on the property, particularly those that required planning permission, listed building consent, or building regulations approval, must be disclosed. You must also disclose whether the relevant consents were obtained and provide the supporting documentation.

Works carried out without consent that was required are particularly important to disclose because they represent an ongoing legal risk to the buyer. Your solicitor can advise on whether indemnity insurance or a retrospective application is appropriate for any such works.

Leasehold Information

For leasehold properties, extensive material information must be disclosed beyond simply the tenure and remaining lease term. This includes the annual service charge and a history of recent service charges, the ground rent and any provisions for review or increase, details of the freeholder and managing agent, any planned or ongoing major works to the building, the balance of any reserve fund, and any current disputes between leaseholders and the freeholder or managing agent.

The TA7 Leasehold Information Form, updated in March 2026 to align with the new TA6, covers much of this systematically.

When You Must Disclose: Upfront Disclosure at the Listing Stage

One of the most significant developments in the material information landscape since 2022 has been the shift towards upfront disclosure at the point of listing, rather than during the conveyancing process.

Why the Timing of Disclosure Matters

The traditional approach to property sales in England and Wales involved buyers discovering much of the material information about a property only after they had made an offer and the conveyancing process had begun. Buyers who discovered problems at this stage had often already spent money on surveys and legal fees and were reluctant to withdraw. This created a situation where buyers sometimes proceeded with purchases they would not have made had they known the full picture from the start.

The push for upfront disclosure addresses this directly. If buyers have access to all material information at the point of viewing and before they commit to making an offer, they can make a genuinely informed decision. This reduces the volume of sales that fall through at a late stage because buyers discover problems during conveyancing, which is costly and time-consuming for everyone involved.

What Rightmove and Other Portals Require

Property portals including Rightmove and Zoopla have integrated material information requirements into their listing systems. Agents and platform-registered sellers are now prompted to provide structured information covering tenure, council tax band, utilities, broadband, parking, and other categories as part of the listing process. Where information is not provided, portals display a notice to buyers that they should ask the agent for the missing detail.

This means that even before you reach the TA6 stage, the platform through which you are marketing your property will prompt you to provide material information as part of creating your listing. Consistent and accurate information at this stage, matching what you then provide in the TA6, is important.

The TA6 as the Formal Disclosure Document

The TA6 Property Information Form, in its 6th edition which became mandatory on 30 March 2026, is the most comprehensive seller disclosure document in the conveyancing process. It covers fifteen sections including boundaries, disputes, notices, alterations, guarantees, environmental matters, services, connectivity, parking, and other charges.

The TA6 is completed by the seller at the start of the conveyancing process and forms part of the contract pack. Buyers and their solicitors rely on it as a formal record of what the seller has and has not disclosed. Inaccuracies or omissions in the TA6 can give rise to legal claims after completion.

For a full guide to what the TA6 covers and how to complete each section, see the YooSell property guides.

The Legal Consequences of Failing to Disclose Material Information

The consequences of failing to disclose material information range from a delayed or collapsed sale to significant legal liability after completion.

During the Sale

Buyers whose solicitors identify material information that was not disclosed in the listing or the TA6 will raise formal enquiries seeking an explanation. In many cases, this adds weeks to the conveyancing process. Where the information is serious enough, the buyer may withdraw from the transaction or attempt to renegotiate the agreed price. Sellers who lose a buyer at a late stage because of a non-disclosure face the cost of relisting, losing any costs already incurred, and potentially achieving a lower price on a re-listed property.

After Completion: Misrepresentation Claims

If a buyer suffers loss after completing a purchase because of information the seller failed to disclose or stated inaccurately, the buyer may have grounds for a misrepresentation claim. Under the Misrepresentation Act 1967, buyers can claim damages for negligent or fraudulent misrepresentation, and in some circumstances can seek to rescind the contract entirely. Claims of this type can be significant in value and lengthy to resolve.

The standard of what counts as a material omission under the DMCC Act 2024 is broad. The omission does not need to have been deliberate. A seller who genuinely did not know about a dispute, a planning restriction, or a structural issue is in a different position from one who concealed it, but the obligation to disclose extends to what you actually know, and deliberate omission is treated most seriously.

Specific Obligations Around Property Used as Residential

The DMCC Act places specific obligations on traders in consumer transactions. Where a seller is marketing and selling a property in the course of a business, rather than as a one-off private transaction, additional obligations may apply. Sellers who are not professional traders are still bound by the general disclosure obligations described in this guide but the enforcement regime differs depending on whether the transaction is business-to-consumer or consumer-to-consumer.

How to Approach Disclosure as a Private Seller

Private sellers who are not professional estate agents or developers need to understand that the obligation to disclose material information still applies to them fully, even where there is no agent involved.

Start with What You Know

The most practical starting point is to work through everything you know about the property honestly and systematically. Think about the history of the property during your ownership, any issues that have arisen, any works that have been carried out, any disputes with neighbours or third parties, and any restrictions or obligations you are aware of from the title.

If you are selling privately through a platform such as YooSell, your listing will prompt you to provide structured material information as part of the listing creation process. Be accurate and complete at this stage, and treat the listing as the first formal act of disclosure.

Work Through the TA6 Carefully

Your solicitor will send you the TA6 to complete. Read every question carefully and answer as fully as you can. If you are uncertain about any question, discuss it with your solicitor rather than leaving it blank or guessing. The TA6 is a legal document that you sign, and its contents can be relied upon by the buyer.

For documentation you cannot locate, tell your solicitor immediately rather than hoping it will not be raised. Your solicitor can advise whether indemnity insurance or another solution is appropriate.

Update Your Disclosure if Circumstances Change

If you become aware of new material information after you have completed and submitted the TA6, you have an obligation to update it and notify your solicitor so the buyer can be informed. An issue that arises after offer acceptance but before exchange is still subject to the disclosure obligation.

Selling Your Home with YooSell

YooSell is a self-service home-selling platform for homeowners in Leicestershire and the Midlands that gives you full control of your sale from listing to completion, without paying traditional estate agent commission.

Why Sellers Choose YooSell

YooSell lets you list, manage, and complete your sale directly. You set your asking price, manage viewings through a built-in booking diary, communicate with verified buyers through the platform, and access trusted conveyancing professionals directly from your seller dashboard when you need them. There is no percentage commission taken at completion.

See the full plan options on the Pricing page.

Upfront Disclosure Built into the Platform

When you create a listing on YooSell, the platform guides you through providing the key material information that buyers expect to see upfront. This includes tenure, council tax band, connectivity, utilities, parking, and other standard categories, ensuring your listing meets current portal requirements from the moment it goes live.

Integrated Conveyancing Support

Once you accept an offer on YooSell, you can access trusted conveyancers from your seller dashboard without needing to source a solicitor independently. Your conveyancer will guide you through completing the TA6 accurately and progressing the transaction to exchange. See how the full process works on the How It Works page.

List on Rightmove Through YooSell

You can list your property directly on Rightmove through YooSell by choosing the Enhanced or Premium plan, giving your home maximum visibility on the UK's largest property portal. Visit the YooSell Rightmove page for full details on how it works.

Free Tools to Support Your Sale

• Valuation Calculator: get a data-driven estimate of your property's current market value

• Stamp Duty Calculator: understand the buyer's SDLT liability at the April 2025 rates

• Mortgage Calculator: plan your onward purchase costs

• Find a Home: browse verified listings across Leicestershire and the Midlands