Selling a home in Scotland comes with two questions that cause a surprising amount of worry. Do you really need a Home Report before you can sell, and how empty does the house have to be, both for viewings and on the day the buyer gets the keys?
The short answer is that most homes put on the market in Scotland must have a Home Report, but you do not need to clear your house to sell it. The Home Report duty under the Housing (Scotland) Act 2006 applies once a house is marketed, with a few exemptions. You can live normally while the house is surveyed and viewed. What you must do is give vacant possession on the date of entry, which means removing your belongings and anything not included in the price, and leaving the fixtures and fittings that are. This guide explains both sides in plain English.
Key points at a glance
- A Home Report is a legal requirement for most homes marketed for sale in Scotland. It contains a single survey, an energy report and a property questionnaire.
- The information must be no more than 12 weeks old when the house is first put on the market.
- Some properties are exempt, including new builds, unsafe properties, properties to be demolished and certain holiday homes and portfolio sales.
- You do not need to empty the house for the surveyor or for viewings, but clear access to the loft, meters and key areas helps.
- Fixtures and fittings normally stay. Moveables not included in the price must be removed by the date of entry.
- The buyer pays the price in exchange for vacant possession and the keys, so the house must be cleared of your belongings by then unless you agree otherwise in the missives.
Do you legally need a Home Report to sell a house in Scotland?
For most sellers, yes. Part 3 of the Housing (Scotland) Act 2006 says that a person responsible for marketing a house that is on the market must have the prescribed documents, which together make up the Home Report. Usually that person is your estate agent, or you if you are marketing the house yourself.
A potential buyer can ask for a copy, and it must normally be provided within 9 days. The seller or agent may make a reasonable charge for copying and postage. Local authority trading standards services enforce the rules, and the penalty for failing to comply is a fixed charge of £500 under the Housing (Scotland) Act 2006 (Penalty Charge) Regulations 2007. For a fuller explanation, see our guide on what a Home Report is and how it works.
What is in a Home Report?
| Document | Who prepares it | What it covers |
|---|---|---|
| Single survey | A surveyor registered with the Royal Institution of Chartered Surveyors (RICS) | Condition of the property, repair categories and a valuation |
| Energy report | Prepared alongside the survey | Energy efficiency, including the Energy Performance Certificate (EPC) |
| Property questionnaire | The seller | Council tax band, alterations, shared costs, notices, insurance claims and other practical information |
The energy report includes the EPC, which is needed even where a property is exempt from the Home Report itself. Our guide on whether you need an Energy Performance Certificate to sell covers the EPC rules. The property questionnaire matters more than many sellers realise: it asks about issues such as shared maintenance costs and rights of access, which is why a dispute over a shared driveway must be disclosed.
Which properties are exempt?
The Housing (Scotland) Act 2006 (Prescribed Documents) Regulations 2008 set out a number of exceptions. A Home Report is not required for:
- New housing: newly built homes and newly converted premises not previously used in their converted form.
- Unsafe properties: homes that are unsafe to occupy, and properties that are to be demolished.
- Seasonal and holiday accommodation: where use is restricted, for example by planning conditions.
- Portfolios: where several homes are sold together rather than individually.
- Mixed and dual use sales: such as a house sold together with non-residential property, or a property used partly for other purposes.
Each exception has detailed conditions, so ask your solicitor to confirm whether one applies. A badly damaged house is a common example, and our guide on selling a fire damaged house explains how the unsafe property exemption can apply.
Do you need a Home Report if you sell privately or to a cash buyer?
The legal duty is linked to marketing. It applies when a house is on the market, meaning the fact that it is for sale has been made public by or on behalf of the seller. If you sell privately without advertising the property, for example directly to a cash buyer, the duty may not be triggered. Your solicitor can confirm the position for your sale. Some buyers will still want a survey, and a buyer using a mortgage will need a valuation that their lender accepts. Our guide on selling a house without an estate agent covers private sales in more detail.
How long is a Home Report valid for?
Under regulation 6 of the Prescribed Documents Regulations 2008, the information in the Home Report must be no older than 12 weeks before the date the house is first put on the market. If the house is withdrawn from the market for no more than 4 weeks at a time and then put back on, the original market date still applies.
Once the house is on the market, there is no formal expiry date. In practice, though, mortgage lenders often want the valuation to be recent, and many ask for it to be updated if it is more than about three months old. RICS guidance suggests that sellers or buyers may consider it prudent to instruct a reinspection after 12 weeks. If your house has been on the market for a while, ask your surveyor about an update before a buyer’s lender asks for one.
Good to know: the Scottish Government began a review of the Home Report in November 2024. If you are preparing to sell, check with your solicitor or agent whether any changes to the rules or the documents have come into force.
How much does a Home Report cost?
The seller pays for the Home Report. There is no fixed fee: surveyors usually price it according to the value, size and location of the property, so it is worth getting more than one quote. Some estate agents include the Home Report in a package or defer payment until the sale completes, so check exactly what you are agreeing to. If the report highlights serious defects, our guide to what to do if your Home Report highlights major problems explains your options.
Do you have to clear your house before the surveyor visits?
No. The single survey is a visual inspection of the structure and condition of the property, not of your belongings. You can stay living in the house as normal. That said, a little preparation helps the surveyor and can avoid unnecessary caveats in the report:
- Clear access to the loft hatch: the surveyor will usually want to look into the roof space if it is safely accessible.
- Make meters and the boiler visible: move anything stored in front of the gas meter, electricity meter and boiler.
- Move items away from known problem areas: if there has been a leak or damp patch, do not hide it behind furniture.
- Have paperwork ready: building warrants, completion certificates, guarantees and service records all help.
Where heavy furniture or stored items block key areas, the surveyor may note that parts of the property could not be inspected. That can make buyers and lenders more cautious, so a reasonable effort to provide access is worth it.
Do you need to clear the house for viewings?
There is no legal requirement to empty or stage your home for viewings. Buyers simply need to be able to move around, see the rooms and picture themselves living there. A tidy, well lit house with surfaces cleared and clutter kept under control will usually present better than a half empty one with boxes everywhere. Our guide on selling your house quickly for a good price has more practical presentation tips.
If you are selling an inherited home or a house you no longer live in, you might decide to clear it early, but that is a personal choice rather than a rule. An empty home can feel cold to viewers, while a lightly furnished one often helps them judge the size of rooms.
What must you leave behind when you sell?
Most residential missives in Scotland use the Scottish Standard Clauses, now in their sixth edition. They set out what is included in the price unless the missives say otherwise. Broadly:
| Normally included in the price | Normally removed by the seller |
|---|---|
| All heritable fixtures and fittings, such as kitchen units, fitted wardrobes, boilers, radiators and built in appliances | Free standing furniture, beds, sofas and tables |
| Items whose removal would materially damage the fabric or decoration of the property | Ornaments, pictures, rugs and personal belongings |
| Items listed in the sales particulars, and items such as carpets, blinds, light fittings and smoke alarms present when the buyer viewed | Garden furniture, plant pots and stored items in lofts, sheds and garages |
| Oil in a storage tank and council supplied bins | Rubbish, old paint tins and anything else not included in the price |
The seller also confirms that items included in the price belong to them and are free of debt. Appliances included in the sale are normally sold as seen, with no warranty that they work. If you want to leave or take something different, such as a fridge freezer or a garden shed, agree it in writing and make sure it is reflected in the missives. Our guide on the documents you need to sell a house in Scotland covers the other paperwork involved.
Do you have to clear the house before the date of entry?
Yes. This is where clearing the house really matters. Under the Scottish Standard Clauses, the buyer pays the price in exchange for, among other things, vacant possession of the property and all the keys, including keys for external doors and garages and any code for an operational alarm system. The seller also undertakes to remove all moveables not included in the price by the date of settlement.
Vacant possession means the property is empty of people and of your belongings, so the buyer can move straight in. If you do not give vacant possession on the date of entry, the buyer may be able to claim reasonable losses from you, such as storage or temporary accommodation costs, provided they were ready to pay the price on that date. Leaving rubbish or unwanted items behind can also lead to arguments over the cost of clearing them.
Until the date of entry, you must keep the property in its present condition, fair wear and tear excepted, and the risk of damage stays with you. Keep your buildings insurance in place until the sale has settled. Our guide to what happens on completion day explains how the keys and funds change hands.
A simple plan for clearing the house
- Check the missives: confirm exactly which items are included in the price and which you must remove.
- Sort early: decide what to keep, sell, donate or recycle a few weeks before the date of entry.
- Book help: arrange removals, a clearance company or a council bulky uplift in good time, as dates can fill up.
- Do not forget hidden spaces: lofts, sheds, garages, cellars and garden areas are often left until last.
- Leave it reasonably clean: there is no standard clause requiring a professional clean, but sweeping out and removing rubbish avoids disputes.
- Gather keys and codes: collect every key, fob and alarm code to hand over through your solicitor or agent.
- Take final meter readings: and tell your council tax office and utility suppliers about the sale.
Clearing a house after a bereavement or from a distance
Clearing a house can be especially hard when you are an executor or live far away. Executors still need to give vacant possession, and the timing often depends on confirmation. Our guides to selling a property as an executor and selling without being present in Scotland cover the practical steps.
Good to know: vacant possession also means no occupiers. If the property is let, the tenancy must be lawfully ended before the date of entry unless the buyer agrees to buy with the tenant in place. Our guide on selling a house with a sitting tenant explains the options.
Can you leave furniture or other items behind?
Only if the buyer agrees. Some buyers are happy to take furniture, white goods or garden equipment, especially in a quick sale or a rental property. Any agreement should be recorded in the missives so there is no dispute on the day. If you are struggling to clear a property, talk to the buyer early through your solicitor rather than leaving items behind and hoping for the best.
At Sell My House Fast in Scotland, we buy homes as they are, with no viewings and no chain, and you can choose a date of entry that suits you. If clearing the house is a worry, tell us when you ask for an offer. We can discuss what you would like to leave behind, and anything agreed will be written into the missives. You can also read about whether you can stay in your house after selling it if you need more time to move.
What else should you sort out before the date of entry?
- Your lender: your mortgage will be repaid from the sale proceeds. Our guide on telling your lender before you sell explains when to get in touch.
- Council tax: you remain liable until the date of entry. If there are arrears, see our guide on selling with council tax arrears.
- Utilities and post: arrange final readings and redirect your mail.
Frequently asked questions
Can I put my house on the market without a Home Report?
Not usually. If your property is being marketed for sale and no exemption applies, a Home Report must be in place. The information must be no more than 12 weeks old when the house first goes on the market.
Does a Home Report expire?
There is no formal expiry once the house is on the market, but lenders often want a recent valuation and may ask for an update if the report is more than about three months old.
Do I need a Home Report if I sell to a cash buyer?
The legal duty applies when a house is marketed. If you sell privately without advertising the property, the duty may not apply, but your solicitor should confirm this. Some buyers will still want a survey.
Do I have to leave carpets and curtains?
Under the Scottish Standard Clauses, items such as carpets, blinds and light fittings that were present when the buyer viewed are usually included in the price. Curtains and free standing items depend on what is agreed, so check your missives.
What happens if I leave things behind after the date of entry?
You must remove all moveables not included in the price. If you do not, the buyer may ask you to remove them or claim the reasonable cost of doing so. Agree anything you want to leave in writing first.
Want to sell without the stress of clearing and viewings?
Get a free, no obligation cash offer for your home. No viewings, no chain and a date of entry that suits you, with any items you leave agreed in advance.
