What You Have to Declare About Neighbours When Selling Your Home

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5 October 2026
by Redmayne Arnold and Harris

When you sell a home in England or Wales, you have to tell the buyer about any disputes with neighbours, past or current, and about any neighbour issue that you or your neighbours are concerned about, such as noise, even if nothing formal has happened yet. You will be asked about this directly on the Law Society's TA6 Property Information Form, alongside questions on boundaries, party wall notices, shared driveways and other arrangements with neighbours, nearby planning notices and Japanese knotweed. The law starts from "buyer beware", so the obligation comes mainly from these questions, which you must answer honestly.

The form does not ask for your opinion of the people next door. It asks about specific matters, and every answer you give must be truthful and complete. Buyers can rely on what you tell them, and a misleading answer can lead to a compensation claim after completion.

The legal framework for disclosing neighbour issues

Your answers to the buyer: misrepresentation

For a homeowner, the main legal risk is misrepresentation. Under the Misrepresentation Act 1967, a buyer who contracts after a misrepresentation and suffers loss can claim damages unless the seller proves they had reasonable grounds to believe, and did believe, that what they said was true. In some cases the buyer may be entitled to have the contract set aside, although, if the misrepresentation was not fraudulent, a court can award damages instead. Deliberately lying can also be fraud by false representation under the Fraud Act 2006, which carries up to 10 years' imprisonment on indictment.

Estate agents: consumer protection law

Since 6 April 2025, estate agents have been bound by Chapter 1 of Part 4 of the Digital Markets, Competition and Consumers Act 2024, which replaced the Consumer Protection from Unfair Trading Regulations 2008. The Act prohibits misleading omissions of material information, meaning information the average consumer needs to take an informed decision, where leaving it out is likely to change the decision the average consumer would make. These rules apply to traders, such as agents. A homeowner selling their own home is unlikely to be a trader, although the Competition and Markets Authority says this is judged case by case. The Property Ombudsman's code, which binds its member agents, adds that an agent who becomes aware of material information cannot ignore or suppress it, so if you tell your agent about a dispute, expect it to be passed on. (Older articles often cite the Property Misdescriptions Act 1991, which was repealed on 1 October 2013.)

Material information guidance: where things stand

National Trading Standards published material information guidance for agents in parts (Part A in July 2022, Parts B and C in November 2023), built on the 2008 Regulations. That guidance is no longer published: its documents now redirect to the National Trading Standards material information page, which points instead to the government's June 2026 home buying and selling roadmap, which says the government will publish non-statutory guidance on property listings during 2026 and, when parliamentary time allows, legislate to require sales packs before a home is listed. Some respondents to the government's 2025 consultation suggested neighbour disputes should count as material information. None of this changes your duty to answer the TA6 honestly.

What you have to declare about neighbours

Disputes and complaints

Section 3 of the TA6 deals with disputes. The Law Society's explanatory notes say buyers will want to know about past or current disputes between neighbours, owners or managers of nearby property, and about issues you or your neighbours are concerned about even if nothing has been said or done yet, such as noise or other disturbances.

Boundaries

Section 2 asks who is responsible for the boundary features, such as walls, fences and hedges, whether the boundaries are irregular, whether they have changed, and whether any part of the house overhangs or extends beyond the boundary. If you do not know who is responsible for a fence, you can answer "not known". GOV.UK notes that most title plans do not show exact boundaries.

Party wall notices

The boundaries section also asks about work under the Party Wall etc. Act 1996, which sets out a notice procedure for building work on or near a shared boundary. If you or a neighbour have carried out such work, attach any notices you served or received and give details of the work.

Rights of way, shared driveways and informal arrangements

Section 9 asks about legal rights and informal arrangements in both directions: what your home benefits from over neighbouring land, and what neighbours can do over yours. The notes give examples such as a right of way across a neighbour's land, a shared driveway, drains that pass under a neighbour's garden, an agreement to share the cost of a fence, and a neighbour allowing occasional use of a garden path. If an access route has no formal right in the title, buyers may ask for a statutory declaration or indemnity insurance.

Notices and planning applications nearby

Section 4 asks about formal notices you have received about the property or developments nearby, such as planning applications and proposals for road improvements or parking restrictions. A neighbour's application for a large extension belongs here.

Japanese knotweed and trees

The environmental section asks about Japanese knotweed. The notes say a property is usually considered at risk if knotweed is growing on it or within three metres of its boundary, so growth on a neighbour's land can be relevant. Because the roots can be hidden, many sellers answer "not known", which is acceptable only if you genuinely do not know. Separately, the alterations section asks about tree preservation orders, and the notes say trees that overhang the boundary may also be protected.

What counts as a dispute you must declare?

The notes refer to any disputes, past or current, so do not filter out ones you think are minor or settled. Give short, factual details and let the buyer judge. Examples that fall within this include:

  • Disagreements about where a boundary runs or who maintains a fence, wall or hedge.
  • Complaints about noise or other disturbances, whether made by you or against you.
  • Arguments over a shared driveway, access or parking, or over sharing maintenance costs.
  • A party wall matter where the neighbour refused consent or surveyors had to be appointed.
  • An ongoing worry you or a neighbour have raised, even if nothing formal has happened yet.

The Law Society explains that a "yes" or "no" answer is a positive statement the buyer may rely on, and that "not known" needs reasonable grounds. If a dispute starts after you complete the form, tell your solicitor straight away.

The TA6 Property Information Form

You may see it called a seller's property information form (SPIF), but the standard form is the TA6 Property Information Form, now in its 6th edition. Firms in the Law Society's Conveyancing Quality Scheme must use the 6th edition for new transactions where they were instructed on or after 30 March 2026, and it is used for most standard residential sales in England and Wales. Every seller must prepare the answers and sign the form. Your solicitor is not required to verify your answers, and the notes state that the seller's solicitor has no liability for their accuracy, so the responsibility is yours. You can read what to expect from your solicitor when selling in Cambridge and how the form fits into the stages of conveyancing.

Gathering the information before you sell

  • Start early. The TA6 can be completed before a buyer is found, which avoids delays later.
  • Find the paperwork. Collect any letters or emails about disputes, party wall notices, boundary agreements, planning notices and any knotweed survey or management plan.
  • Check your title plan. Compare it with the fences and hedges on the ground and raise any mismatch with your solicitor.
  • Be specific. A short, dated summary of what happened and how it ended reassures buyers more than a vague answer.

Dealing with a live dispute and talking to buyers

If a boundary disagreement is still running, try to settle it before you market the property. GOV.UK suggests an informal discussion first and points to the RICS helpline scheme for advice. You and your neighbour can record the agreed line in a boundary agreement and note it on the register, or apply to HM Land Registry for a determined boundary. Get legal advice before doing either.

When a buyer raises concerns, answer their questions directly and share the documents. If the issue affects value, factor it into your price expectations early, and ask your agent how buyers are likely to see it when you book a valuation.

The role of your estate agent and solicitor

Your solicitor sends you the TA6, explains the questions and, as good practice, raises queries if an answer looks inconsistent. Your estate agent markets the property and has its own duty not to omit material information it knows about. For how long a buyer can bring a claim after completion, see our guide on how long you are liable after selling a house.

This article is general information, not legal advice. Speak to a solicitor or licensed conveyancer about your own circumstances.

Frequently Asked Questions

Do I have to tell buyers about a neighbour dispute?

Yes. The TA6 asks about disputes with neighbours, including resolved ones, and about concerns that have not yet become a formal dispute.

Do I have to disclose noisy neighbours?

If there have been complaints, or noise is an issue you or your neighbours are concerned about, it should be declared. The Law Society gives disputes about noise or other disturbances as an example.

What happens if I don't declare a neighbour dispute?

The buyer may be able to claim compensation for misrepresentation after completion and, in some cases, have the contract set aside. Deliberately false answers can also amount to fraud.

Can I answer "not known" on the TA6?

Only if you genuinely do not know. The Law Society says a "not known" answer needs reasonable grounds, and "yes" or "no" answers are statements the buyer may rely on.

Does Japanese knotweed next door need to be declared?

It can. The notes say a property is usually considered at risk if knotweed is growing on it or within three metres of its boundary, so answer the knotweed question with that in mind.

Sources

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