A broker’s property disclosure questionnaire records what the right-holder knows about a property offered for sale or rent. It is not a title certificate, building survey or substitute for the broker’s own disclosure duties. Regulation 7(d) requires the broker to give a prospective buyer or renter a questionnaire completed by the person holding the rights. Where that person refuses to answer some or all of it, the broker must record the refusal after making a reasonable effort to obtain the information.
The Registrar’s published form reviewed here is version 1.0, February 2026. Its publication is not the starting date of the professional-ethics regulations: those entered into force in March 2025. Use the Registrar’s publication and instructions and the official questionnaire, rather than a sales brochure presented as a disclosure form.
Who completes it, and what property does it cover?
The right-holder answers to the best of their knowledge on the date of completion. The form identifies the property, its rights and registration route, the person providing the information and the broker. It covers the property and parts lawfully attached to it, such as a parking space, storage or balcony; an advertisement saying something is included does not establish a lawful attachment.
Where the right-holder is not a private individual or cannot personally sign, the Registrar’s instructions address an appropriately authorised person acting for them who has the relevant information. Examples include a company or an estate and situations involving guardianship. Identify the actual right-holder, the person completing the form and that person’s role. Do not infer authority to sell or lease simply from someone’s willingness to sign a questionnaire.
What the nine disclosure topics ask
| Official topic | Practical follow-up |
|---|---|
| Damp | Where is it, when did it occur, what was repaired and are there records? |
| Building deviations | Which part differs from the approved plan or permit, and has an application or decision actually been issued? |
| Material infrastructure defects | Identify the water, electricity, sewage, gas or other system involved and obtain the relevant inspection or repair record. |
| Dangerous-building status | Ask for the actual official information from the municipality’s engineering department, including the date and current status. |
| Claims and proceedings | Identify the proceeding, property or rights concerned, parties and current procedural status for legal review. |
| Professional opinions | Request reports about material property issues. This particular question excludes appraisal opinions; that does not replace a separate valuation when needed. |
| Special maintenance or use | Clarify instructions needed to avoid harm to the property or to people during ordinary use or care. |
| Other defects | Describe the issue rather than treating the listed categories as permission to omit something relevant. |
| Nuisances | Clarify known noise, smell, radiation or other disturbance and when it occurs; obtain technical advice where appropriate. |
The topics come from the regulations’ second schedule and the official form. The follow-up column is our preparation framework, not a claim that the form itself requires a particular professional report in every case.
Unknown, refusal and a negative answer are not the same
The Registrar’s instructions call for full and reliable responses. When the person does not know an answer, they should say so and explain, rather than replacing uncertainty with an unsupported no. Relevant information not covered by a question can be added separately.
A refusal is handled differently: the broker records that some or all of the requested information was refused after a reasonable attempt to obtain it. Ask which questions remain unanswered. A refusal is not proof that a particular defect exists, but it is also not a clean inspection result. Resolve the material uncertainty before relying on the property description.
Keep the dated version and any attachments. Ask for a written clarification when an answer conflicts with a viewing, a document or another statement. Do not silently overwrite an earlier response and lose the record of what changed.
The broker still has separate duties
The person completing the form is responsible for their answers. That does not exempt the broker from acting with the required professional skill and collecting and communicating material information. The owner questionnaire is one part of the information, not a transfer of every responsibility away from the broker.
Regulation 7(b) treats the information in the first schedule as material information to be conveyed clearly to the client who is not the right-holder. It includes current official identification of the property and rights, the source of the area measurement, rooms and attachments, occupancy and delivery information, asking price and relevant additional rental charges. Certain land and habitability information also has its own disclosure requirements.
For planning status or possibilities, regulation 7(c) requires the broker to identify the official publication relied on. An approved plan, a deposited proposal, a permit application and an issued permit are different things. Ask for the reference rather than accepting a statement that extra space or future floors are already approved.
Where a material feature needs another professional’s service, regulation 27 requires the broker to tell the client about that need. The owner form therefore does not replace an independent lawyer, building inspection or appropriate planning or valuation work.
Turn the questionnaire into a due-diligence file
- Match the identity. Confirm that the form describes the same block, parcel, sub-parcel or other property identifier as the relevant records.
- Confirm who is answering. Record the right-holder, the actual signer and their capacity. Have authority documents checked where needed.
- Separate fact from expectation. Ask for the official planning or registry reference behind a claim, and distinguish an application from an approval.
- Resolve material gaps. Direct questions about structure, systems, legal rights and value to the professional qualified to assess them.
- Keep the record. Retain the dated answers, attachments, explanations and unresolved items with the documents your lawyer reviews.
A current Land Registry extract is one rights-record source, but not every property uses the same registration route. The seller document file and buyer permit checks explain why the records must be compared rather than substituted for each other.
Does the form decide the broker’s fee?
No single form should be treated as a universal answer to a commission dispute. The disclosure obligation and the conditions for commission entitlement are distinct issues. Review the written brokerage order, actual work and applicable law. Our broker-fee guide separates those questions.
For a buyer searching through Semerenko Group, include the property questions and evidence needs in your buyer-representation brief. That gives the search, disclosure and independent professional checks a clear place in the process.
Sources and scope
Reviewed on 31 October 2026: the Registrar’s final publication, the February 2026 questionnaire, and the original gazette text of the 2024 ethics regulations, particularly regulations 7 and 27 and both schedules. The Ministry of Justice commencement notice distinguishes the regulations’ entry into force from the later form publication. This is general information, not legal or tax advice; confirm with a licensed professional.
