18/08/2026
We are doing a fair few surveys of timber framed buildings at the moment, and I'm concerned that properties are going back on the market after we've told the clients that significant work will be needed. This is the current legislation relating to selling property when you have been told that problems exist:
The law has changed a fair bit about this, and agents must now notify any issues like this. Facebook removes links from the text, but I think you will get the picture:
“Given current legislation, can you advise whether structural issues found during building surveys and notified to real estate agents in the uk MUST then be placed on the record for any future attempts to sell the property.”
Yes, under current UK law, any structural issues found during a building survey and notified to a real estate agent MUST be disclosed to any future potential buyers. [1, 2]
The old rule of "caveat emptor" (buyer beware) no longer protects agents or sellers who try to hide property defects. Once an estate agent is made aware of a major problem, they cannot legally wipe the slate clean for the next person. [1, 2, 3]
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The Legal Framework
The rules governing what property listings must show are strictly regulated by consumer protection laws. [1, 2]
• The Digital Markets, Competition and Consumers Act (DMCCA): This legislation strictly bans misleading practices and the omission of "material information". [1]
• Material Information: This is defined as any information that an average consumer needs to make an informed "transactional decision". Knowing a house has major structural issues—like subsidence, severe damp, or a failing roof—directly impacts whether someone will buy it or how much they will offer. [1, 2, 3, 4, 5]
• What Happens Once an Agent Knows?
• If a sale falls through because a buyer’s Level 3 Survey uncovers severe structural cracks, and that buyer shares the report or details with the agent, the following rules apply: [1]
• The Listing Must Be Updated: The estate agent cannot simply relist the house at the original price and hope the next buyer doesn't notice. They must include the structural defect as part of the material information on the property listing. [1, 2, 3, 4]
• Agents Must Tell the Truth: If a new viewer asks why the previous sale fell through, the agent is legally forbidden from lying or hiding the truth. They must explain that it failed due to the survey findings. [1, 2, 3]
• Sellers Share the Burden: The seller is also legally required to declare these known issues on the TA6 Property Information Form during the formal conveyancing process. Lying on this form is a civil offence (misrepresentation) and can lead to major lawsuits even after the sale closes. [1, 2, 3, 4]
• Severe Penalties for Hiding Defects
• Estate agents face heavy consequences if they choose to leave structural problems "off the record":
• Fines and Prosecution: Local Trading Standards authorities can penalise or directly fine estate agencies that hide material defects.
• Official Complaints: Buyers can report rogue agents to independent redress schemes like The Property Ombudsman (TPO) or the Property Redress Scheme (PRS). These bodies can award up to £25,000 in compensation to buyers who wasted money on legal and survey fees for a property with secretly hidden defects. [1, 2, 3, 4]
