Selling a probate property when nobody knows what work was done
When you are selling a property as an executor, you are asked what work was done to a house you may never have lived in. Nobody expects you to know. The TA6 form says so itself, and there are ways to find out. Here is where to look and who will deal with you.
What the TA6 expects of an executor
The Law Society's notes for the TA6 property information form say the answers must be prepared by the owner, or by a legal representative selling under a power of attorney, trust or grant of probate or representation. They also say that executors, administrators and trustees may not have personal knowledge of the property, and should ask others who know more if they can. If you do not know an answer, you must say so, and you should hand your solicitor any documents you find. The buyer's solicitor will also need to verify that you have the power to sell.
Where to look for what was done
- The deceased's papers. Files, drawers, the loft, and the cupboard next to the boiler. Guarantees, invoices and certificates for new windows, boilers, rewiring or solar panels are often kept together.
- The papers from when they bought the house. Their own solicitor's pack may include certificates from earlier owners.
- Bank statements and emails. Payments to a window company, a heating firm or an electrician show what was done and roughly when, and the firm may still hold the certificate.
- Family, neighbours and tradespeople who knew about the work.
- The registers and council archives. Competent person schemes and councils hold notification records by address, even when all paper records in the house have been lost or cleared.
Because an executor rarely knows which scheme a tradesperson belonged to (or even what work was carried out over the years), our estate search checks all 8 registers and the council in one go — and if no records exist at all, our no record, no fee guarantee refunds the payment in full. You can also see which work needs a certificate on our certificate checklist.
How registers and councils deal with an executor
- Window, boiler and electrical schemes hold installation notifications against the property address and the late owner's name.
- MCS (solar panels and heat pumps) deals with the current system owner or their legal representative, and asks for proof of authority for the property.
- Councils treat building control records as private: copies go to the owner or someone acting for the estate, such as a solicitor or executor (often with a copy of the grant of probate). Some councils also require written consent for applications made by earlier owners.
If the late owner did the work themselves
Electrical work in a home has had to follow the building regulations since January 2005, even if the owner did it. GOV.UK says another way to show electrical work is compliant is to have it checked and certified by the council, by a private approved inspector, or, since April 2014, by a registered member of a third-party certification scheme (NAPIT and Stroma are the two authorised ones). Your solicitor can tell you whether that, regularisation or indemnity insurance is the sensible route for the estate.
Speak to your solicitor before you contact the council about missing certificates. Building regulations indemnity policies are often written on the basis that the council has not been told. See why. Searching a council's public online register does not involve asking the council anything.
Questions
Can I order on behalf of the estate?
Yes. On our order form, choose Probate or estate sale and then ordering for a client or estate, and add the late owner's name. We email you the findings and copies. Some registers or councils may want proof that you are the executor, and we'll tell you if they ask.
The buyer's solicitor wants certificates I can't find. What do I tell them?
Tell your solicitor what you know and don't know, and what you have searched. The TA6 allows you to answer not known, and to mark certificates as to follow or not available. Your solicitor will discuss options with the buyer's side.
Does the property need a certificate for work done before the late owner's time?
The record may still exist. Registers keep records of notified work, whoever owned the house at the time, and a search by address shows it.
Are we liable if the answers on the TA6 turn out to be wrong?
The Law Society says each seller is responsible for the answers, including sellers acting in a representative capacity, and that misleading information can lead to a compensation claim. Answering not known where that is true is the safe answer. Ask your solicitor about your own position.
Want us to look for you?
Give us the address and we search every register and your council, then order the official copies. £79 including the register fees for up to 2 copies, and no record means no fee.
Related guides
Official guidance & references
- The Law Society: TA6 (6th edition) explanatory notes for sellers and buyers
- GOV.UK: Competent person schemes, current schemes and how they are authorised
- GOV.UK: Building regulations approval, how to apply (including regularisation)
My Certs is an independent service, not part of or endorsed by any scheme, council or regulator named here.