Author: numan
Has the property had planning permission or building work?
In standard purchases, the seller is usually required to disclose whether the property has had any structural changes or extensions, and whether those works were properly authorised. In auction sales, this information is often missing or incomplete, and the buyer must carry out their own investigations.
Why this matters
If the property has been extended, converted, or structurally altered, you need to know:
- Was planning permission obtained?
- Was Building Regulations approval granted and certified?
- Is there any risk of enforcement action or safety issues?
Works carried out without permission may lead to:
- Enforcement notices from the local authority.
- Issues with insurability or mortgageability.
- Difficulty selling the property in the future.
Auction risks
- The seller often does not supply full planning or building records.
- You may see mention of alterations, but with no evidence of approval or compliance.
- There may be no warranties, indemnities, or guarantees provided.
- You buy as seen, meaning the legal and practical risks transfer to you.
- If you buy and later discover unauthorised works, you may have no recourse against the seller.
What you can do
Before bidding:
- Check the legal pack for planning documents or Building Regulations certificates.
- Visit the local council’s planning portal to see if any applications have been made.
- Instruct a surveyor to identify signs of structural alterations or extensions.
- Be cautious about any “loft conversions,” rear extensions, or garage conversions that are not backed by clear documentation.
Summary
If the property has been altered, you need to confirm that all permissions and approvals were properly obtained. In auction purchases, this is rarely guaranteed — and if you buy without confirming it, the risk becomes yours.
What comes with the property – appliances, furniture?
In standard property transactions, sellers usually complete a TA10 Fittings and Contents Form, which lists what is included and excluded from the sale — such as white goods, curtains, carpets, and garden items.
However, in auction sales, this form is rarely provided. That means there may be no guarantee about what will remain in the property after completion.
What might be included?
- Built-in items such as kitchen units or integrated appliances are generally expected to remain.
- Freestanding items (e.g. fridge, washing machine, furniture) are usually removed — unless clearly stated otherwise in the auction legal pack or special conditions.
- Fixtures, such as fitted wardrobes or curtain poles, may or may not be included — the seller is not obliged to confirm.
Key points to be aware of
In many cases, especially with vacant or repossessed properties, the property is sold as seen, with no representations made about contents.
- Do not assume anything will be left behind unless it is specifically mentioned.
- You may be left with nothing but the bare structure — or conversely, the property may be left with unwanted rubbish or furniture, and you will be responsible for clearing it.
- The auction contract often includes a condition that the buyer accepts the property in its current state, including whatever is left or removed.
Summary
In auction sales, there is usually no list of contents provided. You must assume that nothing comes with the property unless clearly stated in the auction pack. If certain items are important to you, you should either inspect the property beforehand or treat the risk of removal as part of your due diligence.
What is an EPC and why does it matter?
An Energy Performance Certificate (EPC) is a legally required document that rates the energy efficiency of a property on a scale from A (most efficient) to G (least efficient). It provides prospective buyers or tenants with information about the property’s energy use and typical energy costs.
Why is it important?
- Legal Requirement: An EPC is mandatory when a property is built, sold, or rented.
- Energy Efficiency Rating: The EPC shows how energy-efficient the property is, which can influence energy bills.
- Recommendations: It includes suggestions for improving the property’s energy efficiency, which can help reduce energy costs.
- Validity: An EPC is valid for 10 years.
EPCs in auction sales
In auction sales, the EPC is typically included in the legal pack. However, it’s essential to check that the EPC is present and up to date before bidding. If it’s missing or outdated, you may be buying without full knowledge of the property’s energy efficiency.
How to find an EPC
You can search for an existing EPC by postcode, street name, town, or certificate number using the official UK government service:
Find an energy certificate – GOV.UK
Summary
An EPC provides crucial information about a property’s energy efficiency, potential energy costs, and suggestions for improvement. In auction purchases, ensure you review the EPC before bidding to make an informed decision.
What are property searches and do I need them?
Property searches are checks usually carried out by your solicitor to find out important information about the property that wouldn’t appear on the title deeds or from a simple inspection.
What do they reveal?
Searches can uncover issues such as:
- Planning permissions, enforcement notices, or other restrictions.
- Whether the property is affected by road proposals or nearby developments.
- Water and drainage connections, including if the property is connected to mains services.
- Environmental risks, such as flood zones or contaminated land.
- Whether the property is subject to Compulsory Purchase Orders, listed status, or tree preservation orders.
Are they needed in auction purchases?
Yes — but there’s a key difference:
In a normal purchase, your solicitor would order these searches before exchange of contracts. In an auction, contracts are exchanged the moment you win the bid, so it’s too late to carry out searches after the auction.
That means:
- If the legal pack includes searches, you need to read them carefully.
- If they are missing or out of date, you’re buying the property without full information.
- You can’t ask for searches to be done or updated after the auction — the seller has no obligation to assist.
What’s the risk?
Buying without full searches means you may later discover:
- The property is affected by planning issues or legal restrictions.
- There are problems with access, drainage, or rights of way.
- You can’t develop or use the property as intended.
These risks become your responsibility once you’ve exchanged.
Summary
Property searches provide critical information — but in auction sales, they are often incomplete or missing. You should always review the legal pack for any included searches before bidding, and understand the risks of proceeding without them.
Why haven’t I received a TA6 form?
In most standard property transactions, the seller provides a TA6 Property Information Form. However, in auction sales, it is very common for the seller to not include this form in the legal pack.
Why is it missing?
There are several common reasons why the TA6 form is not provided in auction sales:
- The seller may not have lived in the property, such as in the case of a landlord, company, or executor of a deceased estate — so they are unable or unwilling to answer detailed questions about its history.
- Auction properties are sold “as seen”, with minimal representations or warranties from the seller.
- The auction process assumes that buyers conduct their own investigations before bidding, rather than relying on the seller’s information.
What does this mean for you?
- You will have less information about the property — including past disputes, alterations, flooding, or boundary issues.
- You cannot raise enquiries after the auction — you accept the property based on the documents provided at the time of bidding.
- You are expected to rely on your own due diligence — legal review, inspection, and survey — before bidding.
This increases the risk for buyers, especially if the legal pack is incomplete or unclear. But once the auction ends, the contract is binding regardless of what information was or wasn’t provided.
Summary
You haven’t received a TA6 form because it is not usually supplied in auction sales. Sellers are not required to provide it, and often can’t or won’t. You must therefore rely on the legal pack and your own checks — and accept that some questions may remain unanswered.
What is a TA6 form and why is it important?
The TA6 Property Information Form is a standard document used in most residential property sales. It is completed by the seller and provides key information about the property that a buyer wouldn’t easily find in the title or legal documents.
What does it include?
The TA6 form typically includes details about:
- Disputes or complaints involving neighbours or the property.
- Alterations or building works, including whether planning permission or Building Regulations approval was obtained.
- Boundaries, including who maintains fences or walls.
- Utilities and services, such as drainage, water, electricity, and gas.
- Occupants, including tenants or lodgers.
- Environmental matters, like flooding, radon gas or Japanese knotweed.
- Insurance and guarantees, including NHBC or damp proof certificates.
Why is it important?
The TA6 form provides information that may affect your decision to proceed — and could reveal issues that aren’t apparent from the title or physical inspection.
For example:
- If the property has had structural alterations, you’ll want to know if they were approved by the council.
- If there are ongoing neighbour disputes, that could impact your enjoyment of the property.
In a standard sale, your solicitor would review this form before exchange of contracts, and raise legal enquiries based on the contents.
It is a helpful document that gives the buyer a clearer picture of the property’s background, use, and condition.
Summary
The TA6 form is an important source of information about the property’s history, use, and condition — and can influence your buying decision. However, in auction sales, this form is often not included, which limits the information available before you buy.
What other fees or costs might I have to pay?
When buying a property at auction, the purchase price is only part of the total cost. Many auction properties come with additional fees and financial obligations, some of which are set out in the small print of the special conditions in the auction contract.
These extra costs are legally binding — even if you didn’t read them — and must be paid in addition to the purchase price.
Common additional costs include:
Auctioneer’s administration fee
Most auction houses charge a non-refundable admin fee, often between £500 and £1,500 plus VAT, payable on the day of the auction.
Seller’s legal fees
Some sellers pass on part or all of their legal costs to the buyer. This can include:
- Their solicitor’s fees for preparing the legal pack
- Search fees and other disbursements
- Contribution towards completion costs
Buyer’s Premium
Some auctions add a “Buyer’s Premium” on top of the hammer price — typically a fixed amount or percentage (e.g. 1.2% of the purchase price).
Apportioned sums
You may have to pay a share of:
- Ground rent or service charges (for leasehold)
- Insurance premiums
- Rent (if there is a tenancy)
VAT
Some commercial or mixed-use properties attract VAT on the sale price. If so, this will be in addition to your winning bid.
Can I change the name on the contract after the auction?
Once you have successfully bid at auction, the name given to the auctioneer and written on the memorandum of sale forms part of the legal contract. From that moment, the buyer named is personally and contractually bound to complete the purchase.
However, some buyers later wish to change the name on the contract, often to:
- Insert a limited company (SPV).
- Transfer the purchase to a family member.
- Assign it to a business partner or investor.
- Move it into a trust or pension fund (e.g. SIPP/SSAS).
This is not always permitted — and attempting to change the buyer’s name after exchange can cause serious legal problems if not handled properly.
Is it possible?
Sometimes — but it depends entirely on the terms set out in the special conditions of sale within the auction legal pack.
- Some contracts expressly prohibit assignments or changes of buyer.
- Others may allow it with the seller’s written consent and payment of their legal fees.
Even if permitted, the original buyer remains liable unless a full novation (replacement) is agreed — which is rare.
Any change must be made with the seller’s solicitor’s cooperation, and must be completed before the transfer is submitted to HM Land Registry.
What happens if you proceed without consent?
Trying to alter the name or transfer the purchase behind the seller’s back can lead to:
- A breach of contract.
- Delays in registration at Land Registry.
- Refusal to complete the sale.
- Loss of deposit and potential legal action.
Could I be taken to court if I don’t complete?
Yes — if you fail to complete your auction purchase, the seller can take you to court to recover their losses. This is because buying a property at auction creates a legally binding contract the moment the auctioneer’s hammer falls.
What you’re committing to
By placing the winning bid, you agree to:
- Pay the 10% deposit immediately.
- Complete the transaction within a set timeframe (usually 14 or 28 days).
- Comply with all the contract terms and special conditions in the auction legal pack.
If you breach any of these terms — for example, by failing to complete — you are in contractual default.
What the seller can do
If you don’t complete, the seller is entitled to:
- Keep your deposit.
- Sue you for their losses.
This may include:
- The difference in resale value (if they later sell for a lower price).
- Their legal and auction costs.
- Additional expenses, such as bridging finance or abortive purchase costs.
What happens if I cause the seller to lose money?
If you fail to complete the purchase after successfully bidding at auction, not only will you lose your deposit — you may also be liable for the seller’s financial losses.
Why?
When the auctioneer’s hammer falls, you are legally bound to buy the property under the terms set out in the auction legal pack. If you later breach that contract by not completing, the seller has the right to:
- Keep your 10% deposit
- Claim compensation for any additional losses they suffer as a result of your breach
Examples of what you may have to pay
If the seller resells the property after you default, you could be liable for:
- The difference in price if the property sells for less than your winning bid
- Legal and auction fees they incur for re-listing the property
- Interest and holding costs if they face delays in completing another transaction
- Any other direct losses, such as abortive costs for their onward purchase or mortgage arrangements
These claims can run into thousands of pounds, and there is no upper limit set by law — it depends on the actual financial loss the seller can prove.
Legal action
The seller may issue court proceedings to recover their losses. If successful, the court may:
- Order you to pay compensation
- Enter a County Court Judgment (CCJ) against you
- Add interest and legal costs to the amount you owe
A CCJ can seriously damage your credit rating, making it difficult to get a mortgage, credit card, or loan in the future.
Key warning
- You will lose your deposit
- The seller may take legal action against you, and you could face:
- A County Court Judgment (CCJ)
- Additional legal costs
- Negative impact on your credit rating or ability to borrow in the future
- You may also be liable for further losses the seller suffers, such as:
- If the property has to be re-sold at a lower price
- The seller’s additional legal or auction fees
- Administrative or holding costs
Summary
The deposit is just the beginning. If you fail to complete, you may have to pay far more than 10%. The seller can — and often will — pursue you for every penny they lose as a result of your default.
If you’re not 100% certain you can proceed with the purchase, you should not bid.










