Upgrade to Chrome Upgrade to Firefox Upgrade to Internet Explorer Upgrade to Safari
Legal News | 27.07.26

Boilers, Electrics and Buyer Expectations: Who Pays for Pre-Exchange Checks?

Boilers, Electrics and Buyer Expectations Who Pays for Pre-Exchange Checks - Wansbroughs LLP

When purchasing a property, buyers will understandably want reassurance that key systems, such as the boiler, heating system and electrics, are in satisfactory working order before completion. An up-to-date boiler service or electrical inspection carried out by a suitably qualified professional can help identify potential issues early and reduce the risk of unexpected costs after moving in. A common question is: Who should arrange and pay for these checks?

Buyer and seller expectations
From a buyer’s perspective, it may seem reasonable to ask the seller to provide evidence that the property’s systems have recently been checked, particularly where those systems will remain in the property after completion. From the seller’s perspective, however, the buyer will shortly become responsible for the property and may therefore be expected to make their own enquiries and arrange any inspections they consider necessary.

The principle of “buyer beware”
In residential property transactions, the principle of caveat emptor, or “buyer beware”, means that buyers are responsible for satisfying themselves as to the condition of the property before exchange of contracts. Sellers are required to answer enquiries truthfully and accurately, but they are not generally required to volunteer every possible issue or commission new reports simply because a buyer asks for them.

Why specialist checks may be needed
Buyers should therefore consider obtaining an appropriate survey and raising any further enquiries where additional information is required. It is also important to remember that surveyors will not, as a general rule, carry out detailed inspections of the electrical, heating or plumbing systems. Separate specialist checks may therefore be advisable.

Is the seller required to provide certificates?
There is usually no automatic obligation on a seller to obtain an up-to-date boiler service record, gas safety certificate or Electrical Installation Condition Report simply because a buyer requests one. A seller may agree to do so as part of the negotiation, but this is not usually a legal requirement in a standard residential sale. That said, if a boiler is still under warranty, the warranty terms may require annual servicing to keep the warranty valid. If the boiler has not been serviced within the last year, this is worth raising before exchange so that the parties can consider whether a service should be arranged before completion.

Arranging your own checks
Where a seller is unwilling to provide an up-to-date report or service record, buyers should consider arranging their own checks before exchange. Instructing a Gas Safe registered engineer or suitably qualified electrician can provide a more detailed and practical assessment than a standard survey alone. It can also give buyers useful insight into any safety or performance concerns, as well as a local point of contact should issues arise after completion.

What happens if an issue is found?
If an issue is identified during these checks, the buyer may ask for further information, a specialist inspection, a price adjustment, remedial works or another agreed arrangement before exchange. Any such proposal will need to be negotiated between the parties and clearly documented.

Agreeing the position before exchange
As always, the position will depend on the facts of the transaction, the information disclosed by the seller, the buyer’s enquiries, any lender requirements and the contractual terms agreed between the parties. Any agreement relating to checks, certificates, remedial works, retentions or price adjustments should be recorded clearly before exchange so that both parties understand what is required, by whom and by when.

Key points for buyers and sellers
In summary, sellers are not usually required to provide up-to-date boiler or electrical reports, or to pay for these checks. Buyers should arrange any checks they require before exchange, using suitably qualified professionals. If those checks identify any issues, further enquiries can be raised and, where appropriate, terms can be negotiated, such as repairs before completion or an agreed price adjustment.

How often should checks be carried out?
It is generally recommended that homeowners obtain an Electrical Installation Condition Report periodically, commonly every 10 years for owner-occupied properties, and arrange a boiler service annually. Annual gas safety checks are a legal requirement for many rented properties, but they are also a sensible safety precaution for homeowners.

Speak to our Residential Property Team
If you are looking for a conveyancer to handle your sale or purchase, please contact our Residential Property Team at property@wansbroughs.com or on 01380 733367 for more information.

 

Posted By Our Residential Property Team