Top 5+ commonly-overlooked paperwork issues that could ruin your property sale

A property expert has shared some hidden red flags to look out for when buying a home (Picture: Getty Images)

Buying a house requires a lot of paperwork and though you’d hope a good conveyancer would highlight any problems, you’ll probably want to triple check the details yourself.

The challenge? Those certificates and deeds can feel like they’re written in a different language, with pages upon pages of jargon to sift through.

To help buyers spot any iffy-looking issues, Andrew Boast, property expert at SAM Conveyancing, has shared the most common red flag warning signs that might be nestled deep in planning records.

Unclear boundaries or unregistered land

That freshly painted garden fence might look appealing, but if it doesn’t match the legal boundary or covers parts of the land that aren’t registered, it could pose questions over ownership. And if you’re looking to sell up yourself, this could cause delays for all parties.

Naturally, boundaries aren’t always abundantly obvious during the viewing process, and asking about them might not always feel appropriate.

But as Andrew says, you should ‘never assume the physical layout matches the Land Registry title.’

‘Check for discrepancies early, especially with annexes, shared access, or extra parcels of land and question anything that doesn’t line up,’ he explains.

You might want to watch out for that immaculate garden fence (Picture: Getty Images)

Renovations that haven’t been signed off properly

Drawn in by the extra space from a home’s flashy loft conversion, kitchen extension or even a garden room? The stars in your eyes might see extra storage space – or even an idyllic WFH set-up – but it’s important to check the work was done properly.

If planning permissions have been skipped you might encounter issues down the line, whether as a buyer or a seller.

According to Gov UK, buildings will likely need planning permission if something new is being added, a major change is being made (such as an extension), or if you want to change what it’s used for, which is all worth keeping in mind.

‘If a seller can’t provide certificates, it’s worth investigating further,’ Andrew warns.

‘You might be taking on an unregulated structure without even knowing it. If they don’t exist, your solicitor needs to know immediately.’

Missing safety certificates

It’s not just renovation certificates that you’ll need: major upgrades like fresh windows, boilers or even electrical systems all require official paperwork.

These might include a FENSA certificate (the Fenestration Self-Assessment Scheme, which proves new windows and doors meet legal standards) or simply a Gas Safe record.

As Andrew says, a lack of documentation in this area could indicate that the work was a DIY job and might not meet safety regulations.

Down the line, this could come with extra costs for buyers, particularly if the work wasn’t done properly.

‘Certificates aren’t just a formality,’ Andrew explains. ‘They prove the work was done by someone qualified and meets legal and safety standards, and without them, insurers and lenders may raise concerns.’

Unusual access rights

If you’ve realised at the viewing that your property actually shares a driveway with the neighbours, or even if the garden path has a third-party right of way, this could complicate your path to home ownership.

Andrew notes that these rights don’t always appear in estate agent listings – particularly if they’re on a casual basis – but they still matter, and could cause legal implications if they’re not formally documented.

Renovations that haven’t been signed off properly can spell trouble (Picture: Getty Images)

In his view, if ‘someone else can legally access your land, you need to know upfront.’

‘It might affect how you use your property or what you’re allowed to build in the future, such as extensions or outbuildings,’ he adds. The more you know.

Lease terms that seem fine on the surface, but actually aren’t

These days, it’s common for leasehold flats and even houses to come with ground rent and service charges, but these can sometimes become ‘hefty’ if they rise over time.

Homeowners under leasehold agreements – which are commonly seen in flats and shared ownership schemes – do not own the land their property sits on outright. And so, they need to make an extra rental payment to the freeholder (sometimes known as a landlord), who does.

An agreement will always outline the amount of time a leasehold agreement is in place for – but in Andrew’s opinion, anything ‘under 85 years’ should be ‘flagged immediately.’

‘And if ground rent doubles every decade, that’s more than just a red flag, that’s a serious affordability issue,’ he explains.

Feeling anxious about these legal red flags? Don’t panic. Just make sure you ask the ‘right questions’ and take care to ‘instruct professionals who will investigate them properly.’

Andrew notes that you ‘don’t have to spot all of this yourself’ as ‘that’s what your solicitor and surveyor are for.’

The earlier you raise any concerns, the better, as it’ll then be ‘easier to fix them before they delay or derail your purchase, and protect your investment.’

Do you have a story to share?