In Scotland, most of what a seller discloses goes through the Home Report, and in particular the Property Questionnaire, which you complete yourself and must answer truthfully. Scots law does not impose a general duty to volunteer every defect. What you do say, whether in the questionnaire, in the missives or in answer to a question from the buyer, must be accurate, and false information can lead to a claim for damages or even to the sale being set aside.
This guide explains what the Home Report asks, what the Scottish Standard Clauses require you to confirm, how the courts treat misleading statements, what estate agents must tell buyers and how to approach sensitive matters.
What is the Home Report and what does it disclose?
The Home Report is required by the Housing (Scotland) Act 2006. The Housing (Scotland) Act 2006 (Prescribed Documents) Regulations 2008 set out its three parts: a Single Survey with a valuation, an Energy Report containing the Energy Performance Certificate, and a Property Questionnaire.
The survey and Energy Report must be prepared by a surveyor registered with or authorised by the Royal Institution of Chartered Surveyors. The Property Questionnaire is completed by the seller, or by someone the seller authorises. The information in the Home Report must date from no earlier than 12 weeks before the property goes on the market.
A seller or selling agent must give a Home Report to a prospective buyer within 9 days of a request. Failing to do so can lead to a £500 penalty from local authority trading standards.
What does the Property Questionnaire ask?
The questionnaire covers 16 topics. These are the ones that matter most to buyers.
| Section | What you are asked |
|---|---|
| Ownership, council tax, parking | Basic facts about the property |
| Conservation area and listed buildings | Whether either applies |
| Alterations, additions and extensions | Any structural work, and whether planning permission, a building warrant and a completion certificate were obtained; replacement windows and doors |
| Central heating and EPC | Type of heating, its age and servicing |
| Issues that may have affected your property | Storm, flood, fire or other structural damage during your ownership, and any outstanding insurance claim |
| Shared or common areas | Contributions to shared items such as a roof, stairwell or private road, and rights of access over land |
| Charges | Factor details, common buildings insurance and other regular charges |
| Specialist works and guarantees | Treatment for rot or damp, and guarantees for work such as roofing, electrics, damp proofing or a new-build warranty |
| Boundaries | Whether any boundary has moved in the last 10 years |
| Notices | Notices received in the last 3 years about neighbouring planning applications, repairs or anything else affecting the property |
Answer from your own knowledge and keep the paperwork that supports your answers. If you are unsure, say so rather than guess.
Do you have to declare alterations, building warrants and planning permission?
Yes. The questionnaire asks directly about alterations, and the missives will usually ask you to produce the consents. Under the Scottish Standard Clauses (Edition 6), a seller must produce building warrants and completion certificates (or an acceptable alternative) for work completed in the last 20 years, and planning permissions for work in the last 10 years.
If something is missing, tell your solicitor early. For work carried out without approval since 1 May 2005, the council may be able to issue a late completion certificate after an inspection. For older work, many councils offer a letter of comfort.
What about title, notices, factors and common repairs?
- Title: the solicitor acting for the buyer examines your title deeds. Tell your solicitor about any rights of access or shared use that exist in practice but are not written into the title.
- Statutory notices: under the Standard Clauses, the seller remains responsible for council repair notices dated on or before conclusion of missives, with no time limit on that obligation.
- Planning notices: you confirm whether you have received neighbour notification of a planning application, subject to standard exceptions.
- Factors and common repairs: you provide factor and block insurance details and confirm that no major common repairs are proposed, instructed or unpaid.
For flats, the Tenements (Scotland) Act 2004 means a former owner stays liable for common repair costs incurred while they owned the flat. A buyer can also become liable if a notice of potential liability for costs was registered against the property, so disclose any repairs scheme you know about.
Is there a general duty to disclose defects in Scotland?
No. Scots law does not require a seller to volunteer every defect, and buyers rely on the Single Survey and their own enquiries.
The Standard Clauses ask you to confirm that the Property Questionnaire is true and correct to the best of your knowledge and belief. They also contain warranties, so far as you are aware, about flooding from a river or watercourse in the last 5 years, structural defects, rot, damp, insect or animal infestation and Japanese knotweed. Anything you know about that falls within these warranties should be disclosed in the qualified acceptance.
Answers your solicitor gives to enquiries from the buyer also count. In Anwar v Britton (2018), the Sheriff Appeal Court allowed buyers to pursue a misrepresentation claim based on an email from the sellers' solicitors saying the sellers had no experience of flooding, even though missives contained an entire agreement clause.
What happens if a seller lies or gets it wrong?
A misrepresentation is a false statement of fact that induces the buyer to conclude missives. What the buyer can claim depends on how the statement was made.
- Fraudulent: the seller knew the statement was false or did not care whether it was true. The buyer can claim damages and may seek to have the contract set aside.
- Negligent: the seller was careless. Damages can be recovered under section 10 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985.
- Innocent: the seller honestly and reasonably believed it. Damages are not normally available, although the contract may be challenged.
Setting a sale aside is called reduction, sometimes referred to as rescission. It is difficult after settlement, because both parties must be restored to their original positions, so most claims are for damages. A buyer may also claim for breach of a warranty in the missives, which our guide to the Scottish Standard Clauses explains.
What must estate agents disclose?
Since 6 April 2025, the unfair trading rules in Part 4, Chapter 1 of the Digital Markets, Competition and Consumers Act 2024 have replaced the Consumer Protection from Unfair Trading Regulations 2008. They apply in Scotland and bind traders such as estate agents and solicitor estate agents.
Agents must not give false or misleading information. They must also not omit material information, meaning information the average consumer needs to make an informed decision, or provide it in a way that is unclear or late. Breaches can be enforced by trading standards and may be criminal offences.
These rules apply to agents, not private sellers. In practice, expect detailed questions when you instruct an agent.
Do you have to disclose a death, a neighbour dispute or Japanese knotweed?
The right answer depends on the facts, so take advice before deciding what to say.
- A death in the property: the questionnaire does not ask about this. You must not answer a direct question untruthfully, and an agent may treat some circumstances as material information.
- Neighbour disputes: the Standard Clauses ask you to confirm there are no current disputes with neighbours about access, title or common property. Our guide to neighbour disputes in Scotland covers this in more detail.
- Japanese knotweed: Edition 6 has a separate awareness warranty for knotweed, and its infestation warranty now covers only insects and animals. If you know knotweed is present, disclose it with any treatment plan and guarantee. For damp, see our guide do you have to declare damp when selling a house.
Before you put your home on the market
- Gather consents, guarantees, factor details and notices before instructing the Home Report.
- Complete the Property Questionnaire carefully, and update your solicitor if anything changes before missives conclude.
- Raise any missing paperwork, disputes or past problems with your solicitor at the start.
Our sale conveyancing service covers the missives and disclosure points from the start, and you can check our fixed fees with the quote calculator.
Kirsty Docherty, Head of Residential Conveyancing
Kirsty leads our residential conveyancing team and has over a decade of experience in residential property law in Scotland. Last updated 2 November 2026. This guide is general information about Scots law, not legal advice for your situation.
