Electrical waste: retailer and distributor responsibilities

Your responsibilities

You have certain responsibilities if you sell electrical and electronic equipment (EEE).

You must provide a way for your customers to dispose of their old household electrical and electronic equipment when you sell them a new version of the same item.

The waste electrical and electronic equipment (WEEE) regulations apply regardless of how you sell the products, whether direct or by internet, mail order or telephone.

You must either:

provide a free, in store, take back service to your customers

set up an alternative, free take back service

If you do not have your own take back service, you must join the Distributor Takeback Scheme (DTS).

You can be prosecuted if you do not comply with the regulations.

Tell your customers which service you provide

You must provide free written information to your customers on:

which take back service you provide, including collect on delivery

how they (your customers) can reuse and recycle electrical and electronic equipment

why this waste needs to be separated from other waste

the damaging effects of not recycling electrical and electronic equipment

the meaning of the crossed-out wheelie bin symbol

Shops

You can provide this information by, for example:

displaying posters in your store about which service you provide

including information leaflets with the electrical and electronic equipment you sell

Online retailers

You must publish this information on your website. You can download free customer information if you offer a take back service. DTS (the Distributor Takeback Scheme (DTS)) members can get these from the scheme (the Distributor Takeback Scheme (DTS)).

You have other responsibilities if you’re a ‘producer’ - for example you make and sell EEE under your own brand, or sell it in UK from abroad.

Take back waste in store

You must offer to take back waste of the same type as the item your customers buy from you, regardless of:

whether they (your customers) buy in-store, online or by mail order

the brand of the item (the item your customers buy from you)

You must also take back items that have the same function. For example, you would:

take back a customer’s old kettle when they buy a new one

take back a video player if the customer (a customer’s) buys a DVD player

You must:

offer the in-store service for free - but you can charge to cover transport costs if you’re collecting items from customers’ homes

give customers at least 28 days to bring back their waste item

take back all types of electrical and electronic equipment that you sell - you can choose to extend your service (the in-store service) to cover all kinds of electrical and electronic waste

Small electronic equipment

‘Very small WEEE’ are items of waste electrical and electronic equipment that are less than 25cm on their longest side.

You must take back all items of ‘very small WEEE’ in store if your electrical and electronic equipment sales area is greater than 400 square metres including aisle, display and shelf space.

You must provide this service (take) to everyone for free, regardless of whether they’ve bought anything from your store.

You’re exempt if you’ve joined the Distributor Takeback Scheme (DTS) or an assessment shows you already have an effective system.

Store waste

Check the conditions to see if you can store the waste temporarily before you dispose of it.

Dispose of waste

To dispose of the waste you’ve collected you can do one of the following.

Producer compliance schemes

Contact a producer compliance scheme (PCS).

The PCS (a producer compliance scheme (PCS)) will arrange for the waste (the waste you’ve collected) to be recycled or prepared for re-use at an Approved Authorised Treatment Facility (AATF).

You may be charged for the collection and transportation of the waste (the waste you’ve collected) to the AATF (an Approved Authorised Treatment Facility (AATF)) or the PCS collection point.

Transport the waste (the waste you’ve collected) yourself

You can transport the waste (the waste you’ve collected) to an AATF or PCS collection point yourself.

You need to register as a waste carrier in:

England

Wales

Scotland

Northern Ireland

You may also need to follow the rules on transporting hazardous waste in:

England and Wales

Scotland

Northern Ireland

Keep records

You must keep records of all electrical and electronic waste that you collect and dispose of - you can use a template.

Include the number of units you’ve received through take back and say how many of these were returned to a PCS.

You need to keep all documentation you make, or are given by the PCS (a producer compliance scheme (PCS)) or the AATF (an Approved Authorised Treatment Facility (AATF)), when you dispose of electrical and electronic waste.

You also need to keep records of how you tell customers about your take back scheme.

Keep all your records for 4 years.

Set up an alternative take back service

You can set up a ‘designated collection facility’ (DCF) where your customers can take all types of electrical and electronic waste.

You can do this (set) on your own or with other distributors.

You must follow the waste electrical and electronic equipment (WEEE) regulations, other waste management legislation and local planning requirements when managing a DCF.

You must agree with a producer compliance scheme (PCS) to return the electrical and electronic equipment (EEE) direct to an Approved Authorised Treatment Facility (AATF).

Use the Distributor Takeback Scheme

You can use the Distributor Takeback Scheme (DTS) instead of providing a takeback service, if either of the following apply:

your business sells less than £100,000 of electrical and electronic equipment (EEE) per year

you only sell online

If your business sells £100,000 or more of EEE per year and has physical stores, you cannot use the DTS (the Distributor Takeback Scheme) after 31 December 2020. You’ll need to take back waste in store or set up an alternative collection point instead.

How the scheme works

You pay a fee that covers your waste electrical and electronic equipment (WEEE) obligations until 31 December 2021. The amount you pay depends on:

the size of your business

whether you only sell online

how much EEE you sell

This money goes towards supporting the recycling centres run by local authorities.

You’ll need to keep a record of what information you give to your customers about where they should take their WEEE.

If you do not comply

If you fail to comply with the waste electrical and electronic equipment (WEEE) regulations, you can be prosecuted and fined up to £5,000 at a magistrates’ court, or get an unlimited fine from a Crown Court.

You may sometimes get warning letters and formal cautions before a prosecution.

The Office for Product Safety and Standards enforces these regulations (the waste electrical and electronic equipment (WEEE) regulations). You can contact them online, call or write to them.


Deposit protection schemes and landlords

Overview

You must place your tenants’ deposit in a  tenancy deposit protection (TDP) scheme if you rent out your home on an assured shorthold tenancy that started after 6 April 2007.

If you receive a valuable item as a deposit instead of money (for example a car or watch), you do not have to put it in a TDP.

These government-backed schemes ensure your tenants will get their deposit back if they:

meet the terms of your tenancy agreement

do not damage the property

pay the rent and bills

You (or your letting agent) must put your tenants’ deposit in the scheme within 30 days of getting it (your tenants’ deposit).

Available schemes

You can use any of the following schemes if your property is in England or Wales:

Deposit Protection Service

MyDeposits

Tenancy Deposit Scheme

There are separate TDP schemes in Scotland and Northern Ireland.

All TDP schemes (These government-backed schemes) offer you 2 options:

the scheme hold the deposit (their deposit) for free - known as a ‘custodial’ scheme

you or the agent holds the deposit (their deposit) and you pay the scheme to insure it (their deposit) - known as an ‘insured’ scheme

At the end of the tenancy

The deposit (their deposit) must be returned to your tenants within 10 days of you both agreeing how much they’ll get back.

If you’re in a dispute with your tenants

The deposit is protected in the scheme until the issue is settled.

If you’re in an ‘insured’ scheme, you or the agent must give the deposit (their deposit) to the TDP scheme (the scheme). They (you or the agent) will hold it (their deposit) until the issue is settled.

Holding deposits

If you’ve received a holding deposit from your future tenants (money to ‘hold’ a property before an agreement is signed), you do not have to protect it. Once they become tenants the holding deposit becomes a deposit, and you must protect it.

Deposits made by a third party

You must use a TDP scheme even if the deposit is paid by someone else, like a rent deposit scheme or a tenant’s parents.

Information you must give to your tenants

Within 30 days of getting their (your tenants) deposit, you must tell your tenants:

the address of the rented property

how much deposit they (your tenants)’ve paid

how the deposit (their (your tenants) deposit) is protected

the name and contact details of the tenancy deposit protection (TDP) scheme and its dispute resolution service

your (or your letting agency’s) name and contact details

the name and contact details of any third party who paid the deposit

why you would keep some or all of the deposit (their (your tenants) deposit) - for example, because your tenants (your future tenants) damaged the property (the rented property) and you need to fix it (the rented property)

how to apply to get the deposit (their (your tenants) deposit) back at the end of the tenancy

what to do if they (your future tenants) cannot get hold of you at the end of the tenancy

what to do if there’s a dispute over the amount of deposit to be returned at the end of the tenancy

If you do not protect your tenants' deposit (their (your tenants) deposit)

Your tenants (your tenants') can apply to a county court if you do not use a tenancy deposit protection (TDP) scheme when you have to. They (your tenants') can do this at any time during the tenancy.

If the court finds you have not protected the deposit (their (your tenants) deposit), it can order you to either:

repay it (their (your tenants) deposit) to your tenants (your tenants')

pay it (their (your tenants) deposit) into a custodial TDP scheme’s bank account within 14 days

The court may also order you to repay your tenants (your tenants') up to 3 times their (your tenants') original deposit within 14 days of making the order.

At the end of the tenancy

The court may also decide that your tenants (your tenants') do not have to leave the property (the rented property) when the tenancy ends if you did not use a TDP scheme when you should have.

Disputes

Use your tenancy deposit protection (TDP) scheme’s free dispute resolution service if you disagree with your tenants about how much deposit should be returned.

Contact your TDP scheme for more information on the dispute resolution service. The schemes are:

Deposit Protection Service

MyDeposits

Tenancy Deposit Scheme

Help and advice

You can get more help and advice from:

your local Citizens Advice Bureau

a solicitor


Renting out your property

Landlord responsibilities

You’re a landlord if you rent out your property. As a landlord you must:

keep your rented properties safe and free from health hazards

make sure all gas and electrical equipment is safely installed and maintained

provide an Energy Performance Certificate for the property (your property)

protect your tenant’s deposit in a government-approved scheme

check your tenant has the right to rent your property if it’s in England

give your tenant a copy of the How to rent checklist when they start renting from you (you can email it to them)

There are different rules if you rent out property in Scotland or Northern Ireland.

Coronavirus (COVID-19) and your responsibilities

Your responsibilities as a landlord have not changed because of coronavirus (Coronavirus (COVID-19)). However, you should follow the government’s coronavirus (Coronavirus (COVID-19)) advice.

Read the coronavirus (Coronavirus (COVID-19)) and renting guidance for tenants and landlords.

Fire safety

It’s your responsibility to:

fit and test smoke alarms and carbon monoxide alarms

follow fire safety regulations for property in a purpose-built block of flats or for houses and property adapted into flats

Health and safety inspections

The Housing Health and Safety Rating System (HHSRS) is used by your council to make sure that properties in its area are safe for the people who live there.
This involves inspecting your property for possible hazards, such as uneven stairs.

If you own a property and rent it out, the council (your council) may decide to do an HHSRS (The Housing Health and Safety Rating System (HHSRS)) inspection because:

your tenants have asked for an inspection

the council (your council) has done a survey of local properties and thinks your property might be hazardous

HHSRS (The Housing Health and Safety Rating System (HHSRS)) hazard ratings

Inspectors look at 29 health and safety areas and score each hazard they find as category 1 or 2, according to its seriousness.

You must take action on enforcement notices from your council. You also have the right to appeal enforcement notices.

The council (your council) can do any of the following if they (your council) find a serious hazard:

issue an improvement notice

fix the hazard (a serious hazard) themselves (your council) and bill you for the cost

stop you or anyone else from using part or all of the property

Financial responsibilities

You have to pay:

Income Tax on your rental income, minus your day-to-day running expenses

Class 2 National Insurance if the work you do renting out property counts as running a business

If you only occasionally rent out your property or part of your home (for example through short-term rental apps), check if you need to tell HMRC about this income.

If you have a mortgage on the property you want to rent out (a property), you must get permission from your mortgage lender.

Regulated tenancies

There are special rules for changing rents and terms for regulated tenancies (usually private tenancies starting before 15 January 1989).

Making repairs

You must keep your property in good condition, and any gas or electrical systems must meet specified safety standards.

When doing repairs in your property, make sure you keep you and your tenants safe from coronavirus (COVID-19).

There is more information about doing repairs and maintenance in section 3 of the coronavirus and renting guidance for tenants and landlords.

There are different rules around making repairs if you rent out property in Scotland or Northern Ireland.

When you can enter the property

You have a legal right to enter your property (the property) to inspect it (the property) or carry out repairs. You must give your tenants at least 24 hours’ notice, although immediate access may be possible in emergencies. Your tenants have the right to stay in the property during the repairs.

You’re normally responsible for repairs to:

the structure of your property

basins, sinks, baths and other sanitary fittings

heating and hot water systems

anything you damage through attempting repairs

If your property is seriously damaged by a fire, flood or other similar incident, you do not have to rebuild or renovate it (the property). However, if you do, you cannot charge your tenants for any repairs made.

Common areas

If you own a block of flats, you’re usually responsible for repairing common areas, like staircases. Councils can ask landlords to fix problems in common areas, or to repair a tenant’s flat that’s been damaged by another tenant.

What happens if repairs are not done properly

If you refuse to carry out repairs, tenants can:

start a claim in the small claims court for repairs under £5,000

in some circumstances, carry out the repairs themselves (tenants) and deduct the cost from their (tenants) rent

If you do not make repairs to remove hazards, your tenants can ask the council to inspect the property under the Housing Health and Safety Rating System (HHSRS) and to take any action that is necessary.

If the council finds serious hazards, it (the council) must take enforcement action to make sure the hazard is removed.

If the property is temporarily unfit to live in

You can ask tenants to move out during major repairs. Before this happens, you should agree in writing:

how long the works (major repairs) will last

the tenants’ (tenants) right to return

details of any alternative accommodation

You cannot repossess a property to do repairs. However, if you’re planning substantial works, or want to redevelop the property, you can apply to the courts for an order for your tenants to leave. The courts are more likely to grant this if you provide alternative accommodation.

Repairs and charging rent

If the repairs are very disruptive, your tenants may be able to claim a reduction on their (tenants) rent known as a ‘rent abatement’. This will depend on how much of the property (a property) is unusable.

You may have the right to increase the rent after carrying out repairs and improvements, depending on the tenancy agreement.

Rent increases

The tenancy agreement should include how and when you’ll review the rent.

There are special rules for increasing regulated tenancy rents.

When you can increase rent

For a periodic tenancy (rolling on a week-by-week or month-by-month basis) you can usually only increase the rent (rent) once a year.

For a fixed-term tenancy (running for a set period) you can only increase the rent (rent) if your tenancy agreement permits this. Otherwise, you can only raise the rent (rent) when the fixed term ends.

How you can increase the rent

If a fixed-term tenancy agreement says how the rent can be increased, you must stick to this.

For a periodic tenancy, you can:

agree a rent increase (increase) with your tenants and produce a written record of the agreement that you both sign (the tenancy agreement)

use a ‘Landlord’s notice proposing a new rent’ form, giving your tenant at least a month’s notice

There are different rules around increasing rent if you rent out property in Scotland or Northern Ireland.

The rent increase (increase) must be fair and realistic - that is, in line with reasonable rents on the open market.

If your tenants do not agree

If your tenants think the rent increase (increase) is unfair, they (your tenants) can ask the First Tier Property Tribunal to decide the right amount.

Coronavirus (COVID-19) and rent

Tenant responsibilities have not changed because of coronavirus. Your tenant should continue to pay rent if they can.

If your tenant is unable to pay their rent, you can agree a different way to pay. For example, you can agree to accept a lower rent payment for a set amount of time and they pay off the rent arrears later.

Read the coronavirus and renting guidance for tenants and landlords.

You and your tenant can get advice from Shelter, Citizens Advice and the Money Advice Service.

Settling disputes

You can often sort out disputes with your tenants without going to court:

Speak to your tenants about your concerns.

If this (Speak) does not work, write a formal letter setting out the problem.

Use a mediation service, which is usually cheaper and quicker than going to court.

As a last resort, you can take your tenants to court.

There are different rules for settling disputes if you rent out property in Scotland or Northern Ireland.

Going to court

If you take legal action, the case may go to a small claims court. Small claims cases are those worth less than £10,000 (or £1,000 if the case is about repairs to a property).

The courts provide a free mediation service for small claims cases, which can take place over the phone.

If you want to get your property back because your tenants owe you rent money, you can make a possession claim online.

You must follow specific rules if you want to evict tenants.

Coronavirus (COVID-19) and possession claims

The court process for possession claims is different because of coronavirus (Coronavirus (COVID-19)).

You must tell the court if your tenant and their dependants have been affected by coronavirus (Coronavirus (COVID-19)). For example, if they lost income because of coronavirus (Coronavirus (COVID-19)), which meant they were not able to pay your rent.

Free advice for disputes

You can get free advice about disputes or housing problems from Citizens Advice or Shelter.

In Wales, you can contact Shelter Cymru.

You might be able to get free and confidential legal advice from Civil Legal Advice (CLA) as part of legal aid, if you’re in England and Wales.

A solicitor can also help you, but they might charge a fee.

Houses in Multiple Occupation (HMO)

If you let your property to several tenants who are not members of the same family, it may be a ‘House in Multiple Occupation’ (HMO).

The rules about HMOs are different in Scotland and Northern Ireland.

Your property is an HMO if both of the following apply:

at least 3 tenants live there, forming more than one household

toilet, bathroom or kitchen facilities are shared

A household consists of either a single person or members of the same family who live together. It includes people who are married or living together and people in same-sex relationships.

If someone in an HMO becomes ill with coronavirus (COVID-19), you do not have to find alternative accommodation for the other tenants. You also cannot make someone leave their home because they have coronavirus. Read the coronavirus and renting guidance for tenants and landlords.

Licences

An HMO must have a licence if it is occupied by 5 or more people. A council can also include other types of HMOs for licensing.

Find out if you need an HMO licence from your council.

Risk assessment

The council (your council) has to carry out a Housing Health and Safety Rating System (HHSRS) risk assessment on your HMO within 5 years of receiving a licence application. If the inspector finds any unacceptable risks during the assessment (Risk assessment), you must carry out work to eliminate them.

Reporting changes

You must tell the council (your council) if:

you plan to make changes to an HMO

your tenants make changes

your tenants’ (your tenants) circumstances change (for example they (your tenants) have a child)

Paying tax and National Insurance

When you rent out property you may have to pay tax.

Running a property business

You have to pay Class 2 National Insurance if your profits are £6,515 a year or more and what you do counts as running a business, for example if all the following apply:

being a landlord is your main job

you rent out more than one property

you’re buying new properties to rent out

If your profits are under £6,515, you can make voluntary Class 2 National Insurance payments, for example to make sure you get the full State Pension.

You do not pay National Insurance if you’re not running a business - even if you do work like arranging repairs, advertising for tenants and arranging tenancy agreements.

Property you personally own

The first £1,000 of your income from property rental is tax-free. This is your ‘property allowance’.

Contact HMRC if your income from property rental is between £1,000 and £2,500 a year.

You must report it (your income from property rental) on a Self Assessment tax return if it (your income from property rental)’s:

£2,500 to £9,999 after allowable expenses

£10,000 or more before allowable expenses

Register for Self Assessment

If you do not usually send a tax return, you need to register by 5 October following the tax year you had rental income.

Register now

Declaring unpaid tax

You can declare unpaid tax by telling HMRC about rental income from previous years. If you have to pay a penalty it’ll be lower than if HMRC find out about the income themselves (HMRC).

You’ll be given a disclosure reference number. You then have 3 months to work out what you owe and pay it.

Do not include the £1,000 tax-free property allowance for any tax years before 2017 to 2018.

Property owned by a company

Count the rental income the same way as any other business income.

Costs you can claim to reduce tax

There are different tax rules for:

residential properties

furnished holiday lettings

commercial properties

Residential properties

You or your company must pay tax on the profit you make from renting out the property, after deductions for ‘allowable expenses’.

Allowable expenses are things you need to spend money on in the day-to-day running of the property, like:

letting agents’ fees

legal fees for lets of a year or less, or for renewing a lease for less than 50 years

accountants’ fees

buildings and contents insurance

interest on property loans

maintenance and repairs to the property (but not improvements)

utility bills, like gas, water and electricity

rent, ground rent, service charges

Council Tax

services you pay for, like cleaning or gardening

other direct costs of letting the property, like phone calls, stationery and advertising

Allowable expenses do not include ‘capital expenditure’ - like buying a property or renovating it beyond repairs for wear and tear.

You may be able to claim tax relief on money spent on replacing a ‘domestic item’. This is called ‘replacement of domestic items relief’.

Domestic items include:

beds

sofas

curtains

carpets

fridges

crockery and cutlery

You must have only bought the domestic item (a ‘domestic item’) for use by tenants in a residential property and the item you replaced (a ‘domestic item’) must no longer be used in that property.

The replacement of domestic items relief (claim) is available from:

the 2016 to 2017 tax year for individuals and partnerships

1 April 2016 for companies

Furnished residential lettings

You may be able to claim ‘wear and tear allowance’:

for the 2015 to 2016 tax year for individuals and partnerships

on or before 31 March 2016 for companies

Furnished holiday lettings

For furnished holiday homes, you may be able to claim:

plant and machinery capital allowances on furniture, furnishings and so on in the let property, as well as on equipment used outside the property (like vans and tools)

Capital Gains Tax reliefs - Business Asset Rollover Relief, Entrepreneurs’ Relief, relief for gifts of business assets and relief for loans to traders

You can only claim these if all the following apply:

the property is offered to let for at least 210 days a year

it (the property)’s let for more than 105 days a year

no single let is more than 31 days

you charge the going rate for similar properties in the area (‘market value’)

If you own the property personally, your profits count as earnings for pension purposes.

You can download helpsheets to help you with your tax return:

capital allowances

furnished holiday lettings

Commercial properties

You can claim plant and machinery capital allowances on some items if you rent out a commercial property - like a shop, garage or lock-up.

Working out your profit

You work out the net profit or loss for all your property lettings (except furnished holiday lettings) as if it’s a single business. To do this, you:

add together all your rental income

add together all your allowable expenses

take the expenses (all your allowable expenses) away from the income (all your rental income)

Work out the profit or loss from furnished holiday lettings separately from any other rental business to make sure you only claim these tax advantages for eligible properties.

Making a loss

Deduct any losses from your profit and enter the figure on your Self Assessment form.

You can offset your loss against:

future profits by carrying it (your loss) forward to a later year

profits from other properties (if you have them)

You can only offset losses against future profits in the same business.

Changing a regulated tenancy (fair rent)

There are special rules for changing rents and terms for regulated tenancies (sometimes called ‘fair rents’) which usually started before 15 January 1989.

There are different rules for increasing rents in regulated tenancies in Scotland and rent-controlled tenancies in Northern Ireland.

When you can increase rent

You can only increase the rent (rent) up to the maximum set by the Valuation Office Agency (VOA) - check the register of rents to find out what it is.

You can ask VOA (the Valuation Office Agency (VOA)) to review the rent (rent) every 2 years, or earlier if something has affected the value, so that it (rent) remains fair. Your rent might increase or decrease.

Download and fill in a fair rent form to get your rent reviewed. Send the completed form to the VOA (the Valuation Office Agency (VOA)) Network Support Office by post.

Email the VOA Network Support Office if you have any questions about increasing your rent.

If the fair rent increases

You must serve a notice of increase of rent on your tenant. You can charge the new rent from the date it’s registered.

Fill in a ‘notice of increase’ form (available from legal stationers) and send it (a fair rent form) to your tenant.

You can backdate your notice of rent increase for up to 4 weeks.

Cancel a registered rent

Download and fill in an application form to cancel a registered rent and send it to the address on the form, for example if the tenancy stops being regulated, or you and the tenant agree to cancel it.

It may take up to 6 weeks to cancel a registered rent.


Council Tax

Working out your Council Tax

You’ll need to know 3 things:

the valuation band for your home in England and Wales or in Scotland

how much your local council charges for that band

whether you can get a discount or exemption from the full bill

You may be able to get Council Tax Reduction (this used to be called Council Tax Benefit) if you’re on a low income or get benefits.

You can challenge your Council Tax band if you think your home is in the wrong valuation band.

Changes that may affect your Council Tax band

Your property (your home) may be revalued and put in a different band in some circumstances, for example if:

you demolish part of your property and do not rebuild it

you alter your property to create 2 or more self-contained units, for example an annexe - each unit will have its own band

you split a single property into self-contained flats

you convert flats into a single property

you start or stop working from home

the previous owner made changes to your property

there are significant changes to your local area, like a new road being built

a similar property in your area (your local area) has its Council Tax band changed

Ask the Valuation Office Agency (VOA) if you want to know if changes to your property will affect your Council Tax band.

Who has to pay

You’ll usually have to pay Council Tax if you’re 18 or over and own or rent a home.

A full Council Tax bill is based on at least 2 adults living in a home. Spouses and partners who live together are jointly responsible for paying the bill.

You’ll get 25% off your bill (A full Council Tax bill) if you count as an adult for Council Tax and either:

you live on your own

no-one else in your home counts as an adult

You’ll usually get a 50% discount if no-one living in your home, including you, counts as an adult.

You will not have to pay any Council Tax if everyone in your home, including you, is a full-time student.

Apply for a Council Tax discount.

Who does not count as an adult?

These people are not counted as adults for Council Tax:

children under 18

people on some apprentice schemes

18 and 19-year-olds in full-time education

full-time college and university students

young people under 25 who get funding from the Skills Funding Agency or Young People’s Learning Agency

student nurses

foreign language assistants registered with the British Council

people with a severe mental impairment

live-in carers who look after someone who is not their partner, spouse, or child under 18

diplomats

Contact your local council if you’re unsure about whether you can get a discount or who’s responsible for paying.

People on apprentice schemes

To show that you do not qualify as an adult for Council Tax, you’ll need a declaration from your employer stating that:

you will not be paid more than £195 a week

the training leads to a qualification accredited by a body recognised by the Office of Qualifications and Examinations Regulation (Ofqual) or the Scottish Vocational Education Council (SVEC)

If you get a Council Tax discount by mistake

You must tell your council. If you do not, you could get a fine.

The council (your council) may ask you to pay back the discount (a Council Tax discount).

Discounts for full-time students

Households where everyone’s a full-time student do not have to pay Council Tax. If you do get a bill, you can apply for an exemption.

To count as a full-time student, your course must:

last at least 1 year

involve at least 21 hours study per week

If you study for a qualification up to A level and you’re under 20, your course must:

last at least 3 months

involve at least 12 hours study per week

You’ll get a Council Tax bill if there’s someone in your household who’s not a full-time student, but your household might still qualify for a discount.

Discounts for disabled people

People who are severely mentally impaired are not included when working out Council Tax.

You also are not included if you’re a live-in carer looking after someone who is not your partner, spouse, or child under 18.

Apply for a Council Tax discount.

Disabled Band Reduction Scheme

You may be eligible for the scheme (Disabled Band Reduction Scheme) if you live in a larger property than you would need if you or another occupant were not disabled.

You’ll have to show that you’ve either:

an extra bathroom, kitchen or other room that you need for the disabled person

extra space inside the property (a larger property than you would need) for using a wheelchair

The property (a larger property than you would need) must be the main home of at least 1 disabled person. This can be an adult or a child - it does not have to be the person responsible for paying the Council Tax.

Check if you qualify for the scheme (Disabled Band Reduction Scheme).

Second homes and empty properties

You may be able to get a discount if you have a second home or an empty property - it’s up to your council to decide.

Councils can charge extra Council Tax for empty properties.

Second homes

You may pay less Council Tax for a property you own or rent that’s not your main home.

Councils can give furnished second homes or holiday homes a discount of up to 50%. Contact your council to find out if you can get a discount - it’s up to them how much you can get.

Empty properties

You’ll usually have to pay Council Tax on an empty home, but your council can decide to give you a discount - the amount is up to them. Contact your council to ask about a discount.

You can be charged up to double your Council Tax if your home has been empty for 2 years or more (unless it’s an annexe or you’re in the armed forces).

The rules are different in Scotland.

When you do not pay Council Tax

If you’re selling a property on behalf of an owner who’s died, you won’t need to pay Council Tax until after you get probate as long as the property remains empty. After probate is granted, you may be able to get a Council Tax exemption for another 6 months if the property is both:

unoccupied

still owned and in the name of the person who died (an owner who’s died)

Some homes do not get a Council Tax bill for as long as they stay empty. They include homes:

of someone in prison (except for not paying a fine or Council Tax)

of someone who’s moved into a care home or hospital

that have been repossessed

that cannot be lived in by law, for example if they’re derelict

that are empty because they’ve been compulsory purchased and will be demolished

You may get a discount if your home is undergoing major repair work or structural changes, for example your walls are being rebuilt.

If your property’s been refurbished

Your council will tell you when you have to start paying Council Tax if you’ve been carrying out major home improvements on an empty property or building a new property.

You’ll get a ‘completion notice’ that tells you the date you must start paying Council Tax.

If your property’s derelict

Your property’s only considered derelict if it:

is not possible to live in it (your property), for example because it (your property)’s been damaged by weather, rot or vandalism

would need major structural works to make it (your property) ‘wind and watertight’ again

You can challenge your Council Tax band if you think a derelict property should be removed from the Council Tax valuation list.

Paying your bill

Your Council Tax bill tells you:

how much you have to pay for the year

how that amount has been worked out

the dates you have to pay

The cost is usually split into 10 monthly payments. Contact your council immediately if you’re having trouble paying - they can help you, for example by spreading your payments over 12 months instead of 10.

The council (your council) can take action to reclaim any debts you owe if you get behind with your payments.

Ways to pay

You can usually pay your Council Tax online.

You can also use ‘Paypoint’, ‘Payzone’ or ‘Quickcards’ for cash payments at post offices, banks, newsagents and convenience stores.

Check your bill to find out which other payment methods you can use.

If you’ve overpaid

Contact your local council if you’ve paid too much Council Tax and have not received an automatic refund.


Right to Buy: buying your council home

Overview

Right to Buy allows most council tenants to buy their council home at a discount. Use the eligibility checker on the Own Your Home website to find out if you can apply.

There are different rules for Wales, Scotland and Northern Ireland.

You can apply to buy your council home if:

it (your council home)’s your only or main home

it (your council home)’s self-contained

you’re a secure tenant

you’ve had a public sector landlord (for example, a council, housing association or NHS trust) for 3 years - it does not have to be 3 years in a row

Joint applications

You can make a joint application with:

someone who shares your tenancy

up to 3 family members who’ve lived with you for the past 12 months (even if they do not share your tenancy)

Ex-council homes

If your home used to be owned by the council, but they sold it to another landlord (like a housing association) while you were living in it, you may have the Right to Buy. This is called ‘Preserved Right to Buy’.

Ask your landlord if this (the Right to Buy) applies to you.

Other ways to buy your home

If you were not living in your home when it (your home) was sold by the council you may still be able to buy it (your home) through the Voluntary Right to Buy pilot.

Discounts

You can get a discount on the market value of your home when you buy it if you qualify for Right to Buy.

The maximum discount (a discount on the market value of your home) is £84,600 across England, except in London boroughs where it (a discount on the market value of your home) is £112,800. It (a discount on the market value of your home) will increase each year in April in line with the consumer price index (CPI).

The discount (a discount on the market value of your home) is based on:

how long you’ve been a tenant with a public sector landlord

the type of property you’re buying - a flat or house

the value of your home

If you’re buying with someone else, you count the years of whoever’s been a public sector tenant the longest.

You’ll usually have to repay some or all your discount if you sell your home within 5 years.

You might get a smaller discount if you’ve used Right to Buy in the past.

Working out the discount

Use the Right to Buy calculator to find out how much discount you could get.

There are different discount levels for houses and flats.

Houses

You get a 35% discount if you’ve been a public sector tenant for between 3 and 5 years.

After 5 years, the discount (a discount on the market value of your home) goes up 1% for every extra year you’ve been a public sector tenant, up to a maximum of 70% or £84,600 across England and £112,800 in London boroughs (whichever is lower).

Flats

You get a 50% discount if you’ve been a public sector tenant for between 3 and 5 years.

After 5 years, the discount (a discount on the market value of your home) goes up by 2% for each extra year you’ve been a public sector tenant, up to a maximum of 70% or £84,600 across England and £112,800 in London boroughs (whichever is lower).

If your landlord has spent money on your home

Your discount will be less if your landlord has spent money building or maintaining your home:

in the last 10 years - if your landlord built or acquired your home before 2 April 2012

in the last 15 years - if you’re buying your home through Preserved Right to Buy (Right to Buy), or if your landlord acquired your home after 2 April 2012

You will not get any discount if your landlord has spent more money than your home is now worth.

Applying

Fill in the Right to Buy application form (RTB1 notice).

Send it (the Right to Buy application form (RTB1 notice)) to your landlord.

Your landlord must say yes or no within 4 weeks of getting your application (8 weeks if they’ve been your landlord for less than 3 years). If your landlord says no, they must say why.

If your landlord agrees to sell, they (Your landlord)’ll send you an offer. They (Your landlord) must do this within 8 weeks of saying yes if you’re buying a freehold property, or 12 weeks if you’re buying a leasehold property.

Your landlord's offer

If your landlord (Your landlord's) agrees to sell, their (Your landlord) offer (an offer) will tell you:

the price they (Your landlord) think you should pay for the property and how it was worked out

your discount and how it was worked out

a description of the property and any land included in the price

estimates of any service charges (for a flat or maisonette) for the first 5 years

any known problems with the property’s (the property) structure, for example, subsidence

Deciding to buy

You have 12 weeks after you get your landlord’s offer (an offer) to tell them (Your landlord) you still want to buy.

The landlord (your landlord’s) will send you a reminder if you do not reply to the offer (an offer). You have 28 days to reply to the reminder, or the landlord (your landlord’s) could drop your application.

You can pull out of the sale and continue to rent at any time.

If you disagree with the landlord’s (your landlord’s) offer (an offer)

Contact your landlord (your landlord’s) and tell them (your landlord’s) why.

If you think your landlord has set your home’s market value too high, you must write to them (your landlord’s) within 3 months of getting the offer (an offer) and ask them (your landlord’s) for an independent valuation.

A district valuer from HM Revenue and Customs (HMRC) will then visit your home (your home’s) and decide how much it (the property)’s worth. You have 12 weeks to accept their valuation (an independent valuation) or pull out of the sale.

Appeals

You can appeal to a tribunal if you’re stopped from buying your home because it’s suitable for housing elderly people.

You must appeal within 56 days of the council turning down your application.

Delays

Your landlord must complete parts of your Right to Buy application within set time limits.

You could get a reduction in the sale price if they (Your landlord) do not.

Applying for a reduction because of a delay

Fill in the ‘Initial notice of delay’ form (RTB6) and send it (your Right to Buy application) to your landlord.

Your landlord must then either move the sale along within 1 month or send you a ‘counter notice’. The counter notice will say that they’ve already replied or explain why they cannot speed things up.

If your landlord does not reply within a month of getting the RTB6 (your Right to Buy application), fill in the ‘Operative notice of delay’ form (RTB8). This means that any rent you pay while you’re waiting to hear from your landlord could be taken off the sale price.

You can do this each time your landlord is late getting back to you.

Selling your home

If you sell your home within 10 years of buying it (your home) through Right to Buy, you must first offer it (your home) to either:

your old landlord

another social landlord in the area

The property (your home) should be sold at the full market price agreed between you and the landlord (your landlord).

If you cannot agree, a district valuer will say how much your home is worth and set the price. You will not have to pay for their valuation.

You can sell your home to anyone if the landlord does not agree to buy it within 8 weeks.

Paying back your discount

You’ll have to pay back some or all of the discount you got (your discount) if you sell your Right to Buy home within 5 years of buying it (your home).

You’ll have to pay back all of the discount if you sell within the first year. After that, the total amount you pay back reduces to:

80% of the discount in the second year

60% of the discount in the third year

40% of the discount in the fourth year

20% of the discount in the fifth year

The amount you pay back depends on the value of your home when you sell it.

You may not have to pay back the discount (your discount) if you transfer ownership of your home to a member of your family. You’ll need to agree this first with your landlord and then get a solicitor to do this for you.

Rural homes

Your former landlord may limit who you can sell your home to if your home is in:

a national park

an area of outstanding natural beauty

an area the government says is rural for Right to Buy

For example, you may have to sell your home to someone who’s lived or worked in the area for more than 3 years. This may mean you have difficulty getting a mortgage to buy your home.

Your landlord will tell you if this could apply to your home when you apply for Right to Buy.

Help and advice

You can get free advice about:

how to complete your Right to Buy application

whether the scheme is right for you

how much it (the scheme) will cost you

your eligibility

Ask your landlord about Right to Buy. They may also be able to help you complete the application form.

Right to Buy Agent service

The Right to Buy Agent service (Right to Buy Agent service) offers free advice on things like:

the Right to Buy process

eligibility

filling out your application form

where you can get financial and legal advice

what to do if your application is delayed

Money Advice Service

The Money Advice Service (Money Advice Service) offers free, impartial advice about money, including buying a home and taking out a mortgage.

Other help

Read the Right to Buy summary booklet and the Right to Buy guidance.

You can also get advice on Right to Buy from:

the Own Your Home website

Citizens Advice

Shelter

your local Law Centre


Appeal a householder planning decision

When you can appeal

Your local planning authority makes decisions about householder planning applications.

You can appeal a householder planning decision if you disagree with it.

Householder planning applications cover small projects like extensions and loft conversions. There’s a different process to appeal a full planning decision.

There’s no fee for appealing.

Only the person who made the application can appeal.

Deadline for appealing

If you disagree with a decision, you must appeal within 12 weeks of the date on the decision notice from your local planning authority.

The deadline’s earlier if you’ve received an enforcement notice. You must appeal within 28 days of the notice (the decision notice from your local planning authority).

When you can expect a decision

You’ll get a decision once your appeal is validated.

How to appeal

Because of coronavirus (COVID-19), you cannot currently appeal by post. You can still appeal to the Planning Inspectorate online.

If you want to appeal more than one decision you must make a separate appeal for each.

You also need to send a copy of your appeal, including all supporting documents, to your local planning authority. The Planning Inspectorate will tell you how to do this.

Documents you must provide

You’ll need to submit copies of:

your original application

the site ownership certificate

the local planning authority’s decision notice (the decision notice from your local planning authority)

You’ll also need to submit any other documents that directly support your appeal, for example your grounds for appeal.

You can upload these documents (your appeal, including all supporting documents) when you appeal.

Comment on an appeal

No-one can comment on a householder planning appeal.

Your local planning authority must tell anyone who has commented on the original application (‘interested parties’) that there’s an appeal.

They (Your local planning authority) have to do this (tell) within 5 working days of the appeal being started by the Planning Inspectorate.

Read the detailed guidance about taking part in an appeal.

After you appeal

The Planning Inspectorate will check your appeal to make sure it (your appeal)’s valid. They (the Planning Inspectorate)’ll tell you what happens next and how long your appeal may take.

The Planning Inspectorate will then consider your appeal. Check how long planning appeal decisions normally take.

If anyone behaves unreasonably

You can apply for an ‘award of costs’ if anyone involved in your appeal has cost you money by behaving unreasonably, for example missing deadlines. You can have costs awarded against you too.

You can complain about how the Planning Inspectorate handled your appeal. There’s no time limit for complaints.

If you disagree with the appeal decision

You can challenge the decision in the High Court (the appeal decision) if you think the Planning Inspectorate made a legal mistake.

Get advice from a lawyer if you’re unsure about this.


Appeal an enforcement notice

When you can appeal

Your local planning authority may send you an enforcement notice if you’ve built or changed something without planning permission.

You can appeal against an enforcement notice if you own, rent or lawfully occupy the property or land it applies to.

Anyone can comment on an appeal.

There’s no fee for appealing, unless you also apply for planning permission.

Deadline for appealing

Your appeal must be received before the date the enforcement notice (an enforcement notice) takes effect.

When you can expect a decision

You’ll get a decision once your appeal is validated.

How to appeal

Because of coronavirus (COVID-19), you cannot currently appeal by post. You can still appeal to the Planning Inspectorate online.

If you want to appeal more than one enforcement notice you must make a separate appeal for each. Each person should appeal separately.

You also need to send a copy of your appeal, including all the supporting documents, to your local planning authority. The Planning Inspectorate will tell you how to do this.

Documents you must provide

You’ll need to submit:

a copy of your enforcement notice (an enforcement notice)

a plan (if there is one)

any other documents that directly support your appeal, for example your grounds for appeal

You can upload these documents (Documents you must provide) when you appeal.

Comment on an appeal

Anyone can comment on an enforcement notice appeal. Find the case on the appeals casework portal.

The deadline for comments is 6 weeks after the start date of the appeal (an enforcement notice appeal).

Read the detailed guidance about taking part in an appeal.

After you appeal

The Planning Inspectorate will check your appeal to make sure it (Your appeal)’s valid. They (the Planning Inspectorate)’ll tell you the start date, what happens next and how long your appeal may take.

The Planning Inspectorate will then consider your appeal. Check how long planning appeal decisions normally take.

If anyone behaves unreasonably

You can apply for an ‘award of costs’ if anyone involved in your appeal has cost you money by behaving unreasonably, for example missing deadlines. You can have costs awarded against you too.

You can complain about how the Planning Inspectorate handled your appeal. There’s no time limit for complaints.

If you disagree with the appeal decision

You can challenge the decision (the appeal decision) in the High Court if you think the Planning Inspectorate made a legal mistake.

Get advice from a lawyer if you’re unsure about this.


Getting and using a horse passport

When you need a horse passport

You must have a horse passport (sometimes called an ‘equine passport’) for each animal if you keep any of the following:

horses

ponies

donkeys and asses

zebras

mules, hinnies or other hybrids

The passport is a document that:

describes the animal, for example by breed, colour, species

lists all vaccinations

names the registered owner

You only need a passport for semi-wild ponies on Dartmoor, Exmoor, Wicken Fen or in the New Forest if they’re not free to roam in these areas (for example, if you sometimes keep them enclosed on your land) or you have them treated by a vet.

Use your horse passport

You must keep a valid horse passport with your animal at all times. This includes at its stable or when you move it.

You need to provide your horse’s passport:

when a vet examines or treats your animal - the medication your animal can get depends on how it (your animal)’s categorised on its (your animal) passport (your horse’s passport)

if an animal health inspector, trading standards inspector or other enforcement officer asks to see it (your animal)

when you sell or give the animal (your animal) to someone else

You could get a fine if you cannot show a valid horse passport for an animal in your care.

If you buy a horse

Contact the Passport Issuing Organisation (PIO) within 30 days to update the passport ownership details.

If the seller does not give you the horse’s (a horse) passport (your horse’s passport), contact your local trading standards office for advice.

You might need to take additional steps if you import a horse from outside the UK.

When your horse dies

Within 30 days of the horse’s (your horse) death, return its (your horse) passport (your horse’s passport) to the PIO that issued it (the Passport Issuing Organisation (PIO)) (your horse’s passport). They (the Passport Issuing Organisation (PIO)) will update their (the Passport Issuing Organisation (PIO)) records and invalidate or destroy the passport (your horse’s passport).

If the passport (your horse’s passport) has been invalidated you may be able to get it (your horse’s passport) sent back to you. Ask the PIO (the Passport Issuing Organisation (PIO)) if this is possible.

If your horse was born before July 2009

Check if your horse is microchipped by:

looking at its (your horse) passport (your horse’s passport)

looking at the Digital Stable or the National Chipchecker

asking a vet to scan your horse for a microchip

If your horse does not have a microchip, you must:

get a vet to microchip it

update the passport

In England, you can be fined if your horse is not microchipped.

There are different rules in Scotland, Wales and Northern Ireland.

Apply for a horse passport

If you own the horse or related animal, you must get a passport for it before it reaches 12 months of age.

How to apply

Apply through a Passport Issuing Organisation (PIO). If you have a pedigree animal, you need to register through a PIO that manages studbooks.

You need a vet to implant a microchip in your horse before you can apply.

Send your application by whichever date is later:

30 November of the animal’s (the horse or related animal) year of birth

within 6 months of the animal’s (the horse or related animal) birth

Applications can take up to 6 weeks. How much you pay depends on the PIO and type of animal.

A passport issued more than 12 months after birth will be treated as late. It will be issued as a duplicate or replacement passport and the animal (the horse or related animal) cannot be used as food for humans.

There’s no expiry on horse passports - they last an animal’s lifetime.

Update or replace a passport

You need to:

update the passport’s (a passport) details if they change, for example if you have a new microchip put in your horse

replace a passport if it gets lost

Update passport details

Contact the Passport Issuing Organisation (PIO) (a PIO that manages studbooks) to get your horse’s passport updated.

You can make updates through the Digital Stable in some instances.

Replace a lost passport

Contact the PIO that issued the original passport (a PIO that manages studbooks) (a lost passport) to request a duplicate or replacement.

If you do not know which PIO this (a PIO that manages studbooks) is, you can apply for a duplicate or replacement from another PIO. Apply to a PIO that manages studbooks if you have a pedigree.

Your horse will not be used as food when it dies if it’s given a duplicate or replacement passport.

You’re breaking the law if you apply for a replacement or duplicate passport when the original (a lost passport) is not lost.

If you find your original passport (a lost passport)

Send the passport (a lost passport) back to the PIO that issued it (a PIO that manages studbooks) (a lost passport). If the PIO (a PIO that manages studbooks) no longer exists or is not in the UK, then send it (a lost passport) to any appropriate UK PIO.

Import or export a horse or related animal

What you need to do depends on whether you’re importing or exporting the horse or related animal (a horse or related animal).

Importing

Any horse coming into the UK must have an up-to-date horse passport. This can come from:

a UK Passport Issuing Organisation (PIO)

an approved body from another country

If the horse will be in the UK for more than 90 days and does not have a UK horse passport, you must register the foreign passport with a UK PIO. You must apply within 30 days of the horse’s arrival.

Use a PIO that manages studbooks if you have a pedigree.

There are limited circumstances where you do not need to register the foreign passport with a UK PIO. A PIO will tell you if one of those circumstances apply if you contact them.

If you’re in England, Scotland or Wales, read more about the rules for:

importing horses from Northern Ireland, EU countries and Norway

importing horses from any other country

If you’re in Northern Ireland, read more about importing animals.

Exporting

You must keep the passport with the horse and follow the rules for:

exporting horses from England, Scotland or Wales

exporting animals from Northern Ireland

Get help

Contact the Passport Issuing Organisation (PIO) that issued the horse passport if you have any questions.

If you have concerns about the conduct of PIOs

Contact the Department for Environment Food and Rural Affairs (Defra).

You can also write to them.


Buying or selling your home

Overview

Buying or selling a home normally takes 2 to 3 months. The process can take longer if you’re part of a chain of buyers and sellers.

There are several steps you’ll need to follow:

sellers must provide an Energy Performance Certificate for the property (a home)

if a seller is using an estate agent, potential buyers must make any offers through the agent

once a buyer’s offer has been accepted, the seller (a seller)’s responsible for drawing up a legal contract to transfer ownership

an offer is not legally binding until contracts are exchanged

depending on the amount given for property, the buyer may have to pay tax

This guide relates to England and Wales. Shelter has advice about buying and selling a home in Scotland.

If you’re buying property with someone else

You can own a home with up to 3 other people. Find out more about the different types of joint property ownership.

Energy Performance Certificates

Energy Performance Certificates (EPCs) are needed whenever a property is:

built

sold

rented

You must order an EPC for potential buyers and tenants before you market your property to sell or rent.

In Scotland, you must display the EPC (an EPC) somewhere in the property (your property), for example in the meter cupboard or next to the boiler.

An EPC contains:

information about a property’s energy use and typical energy costs

recommendations about how to reduce energy use and save money

An EPC gives a property an energy efficiency rating from A (most efficient) to G (least efficient) and is valid for 10 years.

Check how you could make your home more energy efficient using the Energy Savings Trust’s home energy check.

How to get an EPC

You’ll need to find an accredited assessor if you’re selling or renting out your home in:

England, Wales and Northern Ireland

Scotland

They (an accredited assessor)’ll assess your property and produce the certificate.

You can be fined if you do not get an EPC when you need one.

The person selling the house, the landlord or the letting agent must show you the EPC (an EPC) if you’re buying or renting.

Buildings that do not need an EPC

These (Buildings that do not need an EPC) include:

places of worship

temporary buildings that will be used for less than 2 years

stand-alone buildings with total useful floor space of less than 50 square metres

industrial sites, workshops and non-residential agricultural buildings that do not use a lot of energy

some buildings that are due to be demolished

holiday accommodation that’s rented out for less than 4 months a year or is let under a licence to occupy

listed buildings - you should get advice from your local authority conservation officer if the work would alter the building’s (Buildings that do not need an EPC) character

residential buildings intended to be used less than 4 months a year

See other properties’ EPCs

You can look at the EPCs of other properties free of charge. This lets you compare your home’s energy performance with that of similar homes. You can search by the property’s address or by the EPC’s report reference number..

You can opt out of the EPC register if you do not want other people to be able to see your EPC.

Estate agents

You must sign a legally binding contract with an estate agent if you use one to sell your home.

You must stick to the terms of the contract (a legally binding contract) or you could be taken to court.

Estate agents must also treat buyers fairly. They must show any offers promptly and in writing to the person selling the house.

Estate agents are also legally obliged to pass on any other offers for the property right up to when contracts are exchanged.

Complain about an estate agent

You must complain to the estate agent (an estate agent) first and give them (an estate agent) a fair chance to sort out your complaint. If they (an estate agent) do not, you can complain to one of the following schemes:

The Property Ombudsman

Property Redress Scheme

Ask the estate agent which scheme they belong to.

Offers

A buyer must make an offer through the estate agent if a home is sold through one.

A buyer can make their offer directly to the seller for a private sale.

Buyers can make offers verbally (over the phone or in person) or in writing.

An offer is not legally binding in England and Wales until contracts are exchanged.

If a buyer makes an offer ‘subject to contract’, this means the price can still be negotiated (for example if a survey finds a problem with the property).

The law is different if you’re making an offer for property in Scotland.

Transferring ownership (conveyancing)

Once the offer is accepted

The seller is responsible for drawing up a legal contract to transfer ownership.

The contract (a legal contract to transfer ownership) contains details about:

the sale price

the property boundaries

which fixtures and fittings (like carpets and kitchen units) are included

any legal restrictions or rights, like public footpaths or rules about using the property

any planning restrictions

services to the property, like drainage and gas

when the sale will complete

If the seller has hired a solicitor or conveyancer, they (The seller) will:

draft the initial contract

answer questions from the buyer’s solicitor or conveyancer (with the seller’s (The seller) help)

negotiate the details of the contract (a legal contract to transfer ownership) if necessary

Exchanging contracts

When the buyer and seller are happy with the contract (a legal contract to transfer ownership), both sides sign final copies and send them to each other.

The agreement to sell and buy is legally binding once this happens. Usually neither party can pull out without paying compensation.

Completion

Once you exchange contracts and deal with any remaining checks the buyer (the buyer’s) has asked for:

The money is transferred from the buyer (the buyer’s) to the seller.

The legal documents needed to transfer ownership are handed over to the buyer (the buyer’s).

The seller moves out and leaves the property in the state agreed in the contract (a legal contract to transfer ownership).

The seller hands over the keys to the buyer (the buyer’s).

The property now belongs to the buyer (the buyer’s).

Citizens Advice has more advice about buying or selling your home.

Tax

You may need to pay:

Stamp Duty Land Tax when you buy a home in England

Land Transaction Tax when you buy a home in Wales

Capital Gains Tax when you sell a home

Stamp Duty Land Tax

If you buy between 8 July 2020 and 30 June 2021

You pay SDLT (Stamp Duty Land Tax) if you paid more than £500,000 for the property.

If you buy between 1 July 2021 and 30 September 2021

You pay SDLT (Stamp Duty Land Tax) if you paid more than £250,000 for the property.

If you buy from 1 October 2021

You pay SDLT if you paid more than £125,000 for the property. This threshold also applies to any property bought before 8 July 2020.

You still have to pay if you swap something of economic value for a property, for example shares or another property.

If you’re buying your first home

From 1 July 2021 you do not have to pay SDLT (Stamp Duty Land Tax) if the property (your first home) is £300,000 or less.

Capital Gains Tax

You do not pay Capital Gains Tax when you sell (or ‘dispose of’) your home if all of the following apply:

you’ve lived in it (your home) as your main home for all the time you’ve owned it (your home)

you have not let part of it (your home) out or used part of it (your home) for business only

the grounds, including the buildings, are smaller than 5,000 square metres (just over an acre)

This is because you automatically get a tax relief called Private Residence Relief. You do not need to do anything.

If you do not meet all these criteria you may have to pay some Capital Gains Tax.


Joint property ownership

Overview

This guide is also available in Welsh (Cymraeg).

You must decide which type of joint ownership you want if you buy, inherit or become a trustee of a property with someone else. You tell HM Land Registry about this when you register the property.

You can own a property as either ‘joint tenants’ or ‘tenants in common’.

The type of ownership affects what you can do with the property (a property) if your relationship with a joint owner breaks down, or if one owner dies.

You can get legal advice from someone who specialises in property.

Joint tenants

As joint tenants (sometimes called ‘beneficial joint tenants’):

you have equal rights to the whole property

the property (the whole property) automatically goes to the other owners if you die

you cannot pass on your ownership of the property (the whole property) in your will

Tenants in common

As tenants in common:

you can own different shares of the property (the whole property)

the property (the whole property) does not automatically go to the other owners if you die

you can pass on your share of the property (the whole property) in your will

Change your type of ownership

You can change from being either:

joint tenants to tenants in common, for example if you divorce or separate and want to leave your share of the property (the whole property) to someone else

tenants in common to joint tenants, for example if you get married and want to have equal rights to the whole property

There’s no fee to do this (get).

You can also change from sole ownership to tenants in common or joint tenants, for example, if you want to add your partner as joint owner. This is called transferring ownership.

Sell the property (the whole property) if the other owner has lost mental capacity

You’ll have to apply to the Court of Protection if you want to sell the property (the whole property) but the other owner has lost ‘mental capacity’.

Check your ownership details

You can find out what type of joint ownership you have by checking documents such as a:

property transfer

property lease

trust deed, also known as a ‘declaration of trust’ (a document stating an owner’s share in a jointly owned property)

A solicitor, conveyancer or legal executive can help you check what type of joint ownership you have if you’re unsure.

Your type of ownership can sometimes change without your knowledge, for example if one of the other owners goes bankrupt.

Change from joint tenants to tenants in common

This (change) is called ‘severance of joint tenancy’. You should apply for a ‘Form A restriction’.

You can make this change (change) without the other owners’ agreement.

A solicitor, conveyancer or legal executive can also make the application for you.

How to apply if the other owners (the other owners’) do not agree to the change (change)

Serve a written notice of the change (change) (a ‘notice of severance’) on the other owners (the other owners’) - a conveyancer can help you do this.

Download and fill in form SEV to register a restriction without the other owners’ agreement. You can also fill in form RX1 to register a ‘form A restriction’ if you cannot provide any of the evidence of severance options listed in form SEV.

Prepare any supporting documents you need to include.

Send the form (form SEV) and supporting documents to HM Land Registry’s Citizen Centre. There’s no fee.

Supporting documents

You should include an original or certified copy of the notice of severance signed by all the owners (the other owners’).

If you cannot get the other owners’ signatures you can instead send a letter certifying that you’ve done one of the following with the notice of severance:

given it (the notice of severance) to all the other owners (the other owners’)

left it (the notice of severance) at the other owners’ last known home or business address in the UK

sent it (the notice of severance) by registered post or recorded delivery to the other owners’ last known home or business address and it (the notice of severance) has not been returned undelivered

How to apply if the other owners (the other owners’) agree to the change (change)

Download and fill in form SEV to register a ‘form A restriction’ if all owners (the other owners’) agree.

Send the form and supporting documents to HM Land Registry’s Citizen Centre. There’s no fee.

Where to send your application

Change from tenants in common to joint tenants

You need the agreement of all the other joint owners to change from being tenants in common to joint tenants.

How to apply

Fill in a new or updated trust deed - a conveyancer can help you do this.

Download and fill in the form (form SEV) to cancel a restriction, if one has been registered.

Send the form and documents (the form (form SEV) and supporting documents) to HM Land Registry’s Citizen Centre. There’s no fee.

Supporting documents

You must include one of the following:

an original or certified copy of the new or updated trust deed signed by all the owners (the other owners’)

a certified copy of a transfer showing that all owners with individual shares of the property have transferred these to all the beneficial joint tenants

a certificate from your conveyancer confirming that all owners with shares of the property have signed a new trust deed

You must also include either:

a statutory declaration prepared by your conveyancer

a ‘statement of truth’ - either one you’ve prepared yourself or using form ST5

A statement of truth must be:

in writing and include the wording “I believe that the facts and matters contained in this statement (A statement of truth) are true”

signed by the person who makes it (A statement of truth)

The supporting documents must prove all the following:

nobody else except the named joint owners have shares of the property

none of the joint owners (the named joint owners) is being made bankrupt, has a charging order from creditors or is mortgaging their share of the property

all the joint owners (the named joint owners) now own the property together as beneficial joint tenants

Where to send your application

Selling when an owner has lost mental capacity

You must apply to the Court of Protection if all of the following apply:

you’re one of 2 or more owners of property or land

one of the owners (2 or more owners of property or land) has lost ‘mental capacity’

you want to sell the property or land

Losing mental capacity means someone cannot make a decision for themselves at the time it needs to be made.

This (means) means that:

the owner who’s lost mental capacity (one of the owners (2 or more owners of property or land)) cannot sign legally binding documents and needs help to make decisions

you’ll have to apply to appoint someone to take the place of the owner who’s lost capacity (one of the owners (2 or more owners of property or land)) so the sale (sell) can go ahead

Appoint someone to act on behalf of an owner

You’ll have to appoint someone to act on behalf of the owner who’s lost mental capacity (one of the owners (2 or more owners of property or land)) even if:

you’re already acting on behalf of an owner as a ‘deputy’

the Official Solicitor is a ‘litigation friend’ for an owner

You may not need to apply if you’ve got a registered power of attorney.

Read the guidance on the sale of jointly owned property (COP GN2) to find out if you need to apply.

Get the forms

Download and fill in:

the Court of Protection (the Court of Protection) application form (COP1) so you can appoint someone who can deal with the sale of the property (the sale of jointly owned property)

the special undertaking by trustees (COP12)

an information form (COP1D)

the witness statement (COP24) - use the guidance on the sale of jointly owned property (COP GN2) to fill this in

another witness statement (COP24) as a certificate of fitness (for example, a character reference) if you’re not appointing yourself or your solicitor to act for the owner

Fees

It costs £365 to apply. You might have to pay an additional £485 if the court decides there needs to be a hearing.

Read the fees guidance to find out when you might not have to pay.

Enquiries

Contact the Court of Protection for help and to find out if you need to fill in other forms.

You can also write to the Court of Protection or visit the public counter.

You cannot get legal advice from court staff.

Send your application

Send the original and one copy of each of the following to the Court of Protection:

the application forms

witness statement

a copy of the entries at HM Land Registry if the sale includes any registered land

a copy of the conveyance if the property is unregistered

any other documents and information asked for

Tell people about your application

The Court of Protection will send you a copy of your application forms, stamped with an issue date, a week after you apply.

You must tell (‘serve’) anyone named in your application (such as the person who’s lost capacity) about applying within 14 days of the issue date (an issue date).

Read the guidance at the end of application form COP1 to find out who to tell.

Send them:

a notice that an application form has been issued (COP15)

an acknowledgment form (COP5) so they can confirm they’ve been told about this

You can tell them:

by post to their home address

by fax

in person

Confirm you’ve told people

Within 7 days of serving the documents, you must download and fill in the forms (‘certificates of service’) confirming you’ve told:

the owner who’s lost mental capacity (the person who’s lost capacity) (COP20A)

other people named in the application (your application) (COP20B)

Send them all together to the Court of Protection.

After you apply

Read the guidance (the guidance at the end of application form COP1) to find out what happens if you have to attend a Court of Protection (the Court of Protection) hearing.

Update the property records after you’ve appointed someone to act for the owner who’s lost mental capacity (the person who’s lost capacity).

If your application is rejected and you did not have a hearing

You can ask for a decision to be reconsidered if your application is rejected and you did not have a hearing.

Download and fill in application form COP9.

Send the original (application form COP9), one copy of the form (application form COP9) and any documents asked for in the form (application form COP9) to the Court of Protection.

You must apply within 21 days of the decision being made.

It’s free.

If your application is rejected and you had a hearing

You can appeal the decision if your application is rejected and you had an oral hearing.

Download and fill in the appellant’s notice (COP35).

Send it (the appellant’s notice) and any other documents asked for in the form (application form COP9) to the Court of Protection.

You must apply within 21 days of the decision being made or within the time limit set by the judge who rejected your application.

Fees

It costs £320 to apply. You might have to pay an additional £485 if the court decides there needs to be a hearing.

Read the fees guidance (the guidance at the end of application form COP1) to find out when you might not have to pay.

Emergency applications

Contact the Court of Protection to make an emergency application, for example to stop someone who lacks mental capacity being removed from where they live.


Registering land or property with HM Land Registry

When you must register

This guide is also available in Welsh (Cymraeg).

You must register all land or property with HM Land Registry if you’ve:

bought it (all land or property)

been given it (all land or property)

inherited it (all land or property)

received it (all land or property) in exchange for other property or land

mortgaged the property (all land or property)

You do not usually need to register leasehold land or property if there are 7 years or less on the lease when you take ownership.

You must register your land with the Rural Land Register as well as HM Land Registry if you own agricultural land.

Your property might not be registered if you owned it before 1990 and have not mortgaged it since. Check if your property’s registered.

You must tell HM Land Registry if you transfer ownership of your registered property to someone else.

Once you’re registered

HM Land Registry publishes information online about most registered property, including:

the names of owners

the price paid for the property (all land or property)

a plan of the property’s (all land or property) boundaries

You cannot opt out of your property information being published.

If you live in Scotland or Northern Ireland

HM Land Registry only deals with land and property in England and Wales.

Scotland

Register your land or property with Registers of Scotland.

Northern Ireland

Register your land or property with Land and Property Services.

Register for the first time

Land or property must be registered for the first time if it’s unregistered when you take ownership of it or mortgage it.

Even if you do not have to register, registering voluntarily:

gives you proof of ownership

helps protect your land from fraud

makes it easier to change, sell or give your property away in the future

You can register property yourself or get a solicitor or conveyancer to do it for you.

Register land or property for the first time

Search the register to make sure your property is not already registered.

Apply for a search from the Land Charges Department to search against all previous owners since 1925. They will send you the results.

Fill in an application for first registration.

Prepare a scale plan showing where the land is outlined, if it (Land or property)’s not shown in the deeds.

Find the forms you need depending on your circumstances and fill out 2 copies of the list of documents form.

Find out the correct registration fee - this depends on the value of your property.

Send your documents, forms and fee to HM Land Registry.

If you bought the property

Include the same forms as for registering for the first time and a ‘transfer of whole of registered title’ form.

If you inherited the property

Include the same forms as for registering for the first time and include either:

a completed ‘whole of registered title assent’ form - the executor needs to fill this out if the property was in the name of a sole registered owner and it (the property)’s been left to you in a will

a completed ‘transfer of whole of registered title’ form - the surviving owner needs to fill this out if they jointly owned the property and you are inheriting a share

Contact HM Land Registry if you’re unsure which form you need.

Other documents you may need

You may also need to send:

a ‘proof of identity’ form if you are not a legal professional, such as a conveyancer

a ‘disclosable interests’ form if there are unregistered interests in the property not mentioned in the deeds (such as a short-term lease or a right of occupation) - read detailed guidance on unregistered rights from HM Land Registry

a Land Transaction Return certificate if you’ve paid Stamp Duty (for a property in England and Northern Ireland) or Land Transaction Tax (for properties sold in Wales or after 1 April 2018)

a certified copy of the lease, if you’re applying to register leasehold land or property

Transfer ownership of your property

You must tell HM Land Registry when you change the registered owner of your property, for example if you’re transferring it (your property) into another person’s name, or if you want to add your partner as a joint owner.

Download and fill in an application to change the register.

Fill in either a ‘transfer of whole of registered title’ form, if you’re transferring your whole property, or a ‘transfer of part of registered title’ form if you’re only transferring part of your property.

Fill in a certificate of identity for a private individual.

Find out the correct fee. Use the ‘Scale 2 fees’ if you’re transferring ownership of a property without selling it, for example as inheritance. Use the Land Registry (HM Land Registry) fee calculator if you’re transferring part or all of a property as a sale.

Update or correct the register

You must tell HM Land Registry if anything in the register changes or it is incorrect.

Update or correct contact addresses

You can register up to 3 addresses (including email and non-UK addresses) with HM Land Registry for each property.

To change your contact details or those of other owners or agents send a request to update registered owners’ contact address. You do not have to pay anything to do this.

Change your name

You must send HM Land Registry an application to change the register when you change your name. You do not have to pay anything to do this (Change).

How to apply depends on which documents you can send that prove your name has changed. You’ll get back any official certificates you send in after the register has been updated.

Use application form AP1 if you have any of the following documents:

an official or certified copy of a certificate showing the name change (change), such as a marriage or civil partnership certificate

a copy of a deed poll

a statement of truth

a statutory declaration sworn before someone able to take oaths

You must also send additional proof if you’re not sending a certificate or using a conveyancer (for example a solicitor). When you send from AP1 (application form AP1), include both:

a filled-in confirmation of identity form in your new name

a copy of an official document in your former name, such as a passport, driving licence or utility bill

If you’ve changed your gender

Use application form CNG if you have any of the following documents:

a gender recognition certificate

a new birth certificate

a letter from a UK-based medical practitioner (such as a doctor) confirming you’ve changed gender

Send the completed form and one of the documents to the address on the form. You must send original documents, not copies.

If you’re sending a gender recognition certificate, write ‘Private and confidential’ on the envelope.

Returning to your original surname

To return to your original surname after a divorce or dissolution of a civil partnership send HM Land Registry:

application form AP1

a copy of your marriage or civil partnership certificate

HM Land Registry will let you know if they (HM Land Registry) need more information.

Stop your previous name being seen on old documents

Your previous name will still appear on any documents that were filed with HM Land Registry before you changed your name. Previous names cannot be changed but you might be able to stop them from being copied or inspected by making an exempt document application.

It (an exempt document application) costs:

£12 per document for electronic applications - only businesses and organisations can apply electronically, for example conveyancers

£25 per document for paper applications

You will need to fill in form EX1 and form EX1A.

Mortgage completion

You must tell HM Land Registry if a mortgage on a registered property is paid off (‘discharged’).

Usually your mortgage lender will do this (paid) for you automatically but they may send you a completed ‘cancellation of charges’ form.

Once you have this (an exempt document application), fill in an application to ‘cancel entries relating to a charge’ and a confirmation of identity form.

Send all forms to the Citizen Centre.

HM Land Registry (HM Land Registry) will update your details and tell you that the register has been updated.

Other changes

Transfer ownership of your property if you’ve:

sold it (your property)

divorced or separated and want to remove an owner

married and want to add an owner

given the property (your property) away

Send your requests

Send completed forms to the HM Land Registry Citizen Centre (the Citizen Centre).


Tenancy deposit protection

Overview

Your landlord must put your deposit in a government-approved tenancy deposit scheme (TDP) if you rent your home on an assured shorthold tenancy that started after 6 April 2007. In England and Wales your deposit can be registered with:

Deposit Protection Service

MyDeposits - including deposits that were held by Capita

Tenancy Deposit Scheme

If you don’t rent your home on an assured shorthold tenancy, your landlord can accept valuable items (for example a car or watch) as a deposit instead of money. The items won’t be protected by a scheme.

There are separate TDP schemes in Scotland and Northern Ireland.

They (separate TDP schemes in Scotland and Northern Ireland) make sure you’ll get your deposit back if you:

meet the terms of your tenancy agreement

don’t damage the property

pay your rent and bills

Your landlord or letting agent must put your deposit in the scheme (a government-approved tenancy deposit scheme (TDP)) within 30 days of getting it.

At the end of your tenancy

Your landlord must return your deposit within 10 days of you both agreeing how much you’ll get back.

If you’re in a dispute with your landlord, then your deposit will be protected in the TDP scheme (a government-approved tenancy deposit scheme (TDP)) until the issue is sorted out.

Holding deposits

Your landlord doesn’t have to protect a holding deposit (money you pay to ‘hold’ a property before an agreement is signed). Once you become a tenant, the holding deposit becomes a deposit, which they must protect.

Deposits made by a third party

Your landlord must use a TDP scheme even if your deposit is paid by someone else, such as a rent deposit scheme or your parents.

Information landlords must give tenants

Once your landlord has received your (tenants) deposit, they have 30 days to tell you (tenants):

the address of the rented property

how much deposit you’ve paid

how the deposit (your (tenants) deposit) is protected

the name and contact details of the tenancy deposit protection (TDP) scheme and its dispute resolution service

their (the tenancy deposit protection (TDP) scheme) (or the letting agency’s) name and contact details

the name and contact details of any third party that’s paid the deposit

why they (any third party that’s paid the deposit) would keep some or all of the deposit

how to apply to get the deposit back

what to do if you can’t get hold of the landlord (Your landlord) at the end of the tenancy

what to do if there’s a dispute over the deposit (your (tenants) deposit)

If your landlord doesn't protect your deposit

Contact a tenancy deposit scheme (TDP) (a government-approved tenancy deposit scheme (TDP)) if you’re not sure whether your deposit has been protected.

Contact MyDeposits if your deposit was held by Capita.

Getting your deposit back

You can apply to your local county court if you think your landlord hasn’t used a TDP scheme when they should have.

Get legal advice before applying to court. You do not need a solicitor to do this.

Before going to court

It can be quicker and cheaper to write to your landlord, rather than going to court.

If you cannot come to an agreement, you can apply to the court for compensation.

Apply to a county court

Apply using Form N208: Claim form.

The court fee is £308. You can claim this back from your landlord if you win your case.

You can apply for money off your court fee (The court fee) if you claim certain benefits or have a low income.

What happens next

If the court finds your landlord has not protected your deposit, it (the court) can order them (your landlord) to either:

repay it (your deposit) to you

pay it (your deposit) into a TDP scheme’s bank account within 14 days

The court may also order the landlord (your landlord) to pay you up to 3 times the deposit (your deposit) within 14 days of making the order.

At the end of the tenancy

The court may decide that you won’t have to leave the property when the tenancy ends if your landlord hasn’t used a TDP scheme when they (your landlord) should have.

Disputes and problems

If there’s a dispute over a deposit

Your tenancy deposit protection (TDP) scheme offers a free dispute resolution service if you disagree with your landlord about how much deposit should be returned.

You don’t have to use the service (a free dispute resolution service) but if you do, both you and the landlord have to agree to it (a free dispute resolution service). You’ll both be asked to provide evidence, and the decision made about your deposit (a deposit) will be final.

If you can’t contact the landlord (your landlord)

You can ‘raise a dispute’ to get your deposit back if you can’t contact your landlord and your deposit is held by one of the approved TDP schemes:

MyDeposits

Tenancy Deposit Scheme

Deposit Protection Service

The TDP scheme (Your tenancy deposit protection (TDP) scheme) will refund your deposit if the dispute resolution service (a free dispute resolution service) agrees.

There may be a limit on the time you have to raise a dispute. Contact the TDP scheme (Your tenancy deposit protection (TDP) scheme) as soon as possible.

If your deposit is not held by an approved TDP scheme

You may be able to apply to your local county court to get your deposit back if your deposit was not protected by an approved TDP scheme.

You should write to your landlord and your letting agent (if you have one) before you make a claim. Your landlord or agent may offer to pay your deposit back after they get a letter to avoid legal costs.

Get help and advice

You can get more help and advice from:

your local Citizens Advice office

a solicitor or advice agency

Shelter in England or Shelter in Wales


Party walls and building work

Overview

You must tell your neighbours if you want to carry out any building work near or on your shared property boundary, or ‘party wall’, in England and Wales.

Party walls stand on the land of 2 or more owners and either:

form part of a building

don’t form part of a building, such as a garden wall (not wooden fences)

Walls on one owner’s land used by other owners (2 or more) to separate their buildings are also party walls.

Party structures

You can also have a ‘party structure’. This could be a floor or other structure that separates buildings or parts of buildings with different owners, eg flats.

Party wall agreements are different from planning permission or building regulations approval.

There are different rules in Scotland and Northern Ireland.

Work you must tell your neighbour about

You must tell your neighbour if you want to:

build on or at the boundary of your 2 properties

work on an existing party wall or party structure

dig below and near to the foundation level of their (your neighbour) property

Examples of this type of work include:

building a new wall

cutting into a party wall

making a party wall taller, shorter or deeper

removing chimneys from a party wall

knocking down and rebuilding a party wall

Find more details of work you need to tell your neighbour about in the party wall explanatory booklet.

Your neighbours can’t stop you from making changes to your property that are within the law, but they can affect how and when your works are carried out.

What you don’t need to tell them (Your neighbours) about

You don’t need to tell your neighbour about minor changes, eg plastering, adding or replacing electrical wiring or sockets, or drilling to put up shelves or cabinets.

When and how to tell them (Your neighbours)

You must give notice to your neighbour between 2 months and a year before you plan to start building works. Include what you plan on doing.

You can speak to your neighbour to explain the work you want to carry out, before giving notice in writing.

Find letter templates and more information on giving notice in the party wall explanatory booklet.

Any agreement you reach should be in writing.

Reaching an agreement with your neighbours

Once you’ve given notice your neighbour can:

give consent in writing

refuse consent, which will start the dispute resolution process

serve a counter notice requesting additional works be done at the same time (they (your neighbour)’ll have to pay for these if they (your neighbour) benefit from the works)

Your neighbour must let you know in writing within 14 days if they (your neighbour) consent to your notice, and you must do the same with any counter notice. A counter notice must be served within a month of the first notice.

Find examples of counter notice letters in the party wall booklet.

Your neighbours need to respond to the notice (your notice). You can’t assume that no response means they agree to the works.

The dispute resolution process will also start if they (Your neighbours) don’t respond to your notice within the given time.

Who pays for the work

You need to pay for any building works that you start on a party wall (party wall).

Your neighbour may have to meet a share of the cost if the work needs to be done because of defects or lack of repair. They will also need to pay if they ask for additional works to be done that will benefit them.

An appointed surveyor will set out who pays what if you can’t agree.

If you can't agree

You must appoint a surveyor if you and your neighbour can’t agree. You can appoint a surveyor together or each appoint your own. The surveyors will then agree on a ‘party wall award’.

This (a ‘party wall award’) is a legal document which says:

what work should happen

how and when it (any building works that you start on a party wall (party wall)) will be carried out

who will pay for which part and how much will be paid (including surveyor’s fees)

You can’t act as your own surveyor.

If your neighbour doesn’t appoint a surveyor

You can appoint a surveyor on behalf of your neighbour if they (your neighbour) refuse or fail to do so themselves (your neighbour).

If you don’t agree with the award (a ‘party wall award’)

You can appeal against an award at a county court within 14 days of receiving it. You need to file an appellant’s notice in a county court, explaining why you’re appealing.

When works begin

When carrying out building works you must:

avoid causing unnecessary inconvenience

protect your neighbour’s property from damage caused by the works (works), and fix or pay for any damage that is caused

Access to your neighbour’s property

Your neighbour (your neighbour’s) must allow surveyors and workmen access to their (your neighbour’s) property (your neighbour’s property) during usual working hours to carry out the building works. They must be given 14 days’ notice except in an emergency.