Let’s face it – nobody enjoys paperwork, especially when it comes to insurance. But what if we told you that overlooking a simple detail on your home insurance application could leave you completely unprotected?
In the UK, your ‘duty of disclosure’ isn’t just legal jargon – it’s your responsibility to tell insurers about anything that could affect your home insurance. From that minor claim you made three years ago to the new security system you’ve just installed, these details matter more than you might think.
In this article, we’ll walk you through exactly what you need to tell your insurer, when you need to tell them, and why being upfront now could save you from a rejected claim later. Because when it comes to protecting your home, what you don’t say can be just as important as what you do.
Key takeaways
- Always tell your insurer everything that could affect your home-insurance risk.
- Disclosure covers three stages: application, renewal and any change during your policy.
- Material facts include past claims, renovations, security changes, occupancy, convictions.
- Honest mistakes are protected, but careless or deliberate omissions can void your cover.
- Keep records of every disclosure and get professional help if you’re unsure.
What Is the Duty of Disclosure in Home Insurance?
The duty of disclosure is your legal and contractual obligation to provide all relevant information to your insurer when you take out, renew, or amend a home insurance policy. This duty ensures that your insurer has a clear and accurate picture of the risk they are covering, allowing them to assess your application fairly and set appropriate terms for your insurance contract.
In the UK, this obligation is governed by the Consumer Insurance (Disclosure and Representation) Act 2012 (often referred to as the Consumer Insurance Act). This legislation was introduced to clarify what you, as a policyholder, must disclose and to make the process fairer. Under the Act, you are required to take reasonable care not to make a misrepresentation to your insurer. This means answering all questions from your insurer truthfully and completely, whether you are applying for a new policy, renewing an existing one, or making changes to your cover.
Importantly, the duty of disclosure applies at three key stages:
- When you first take out a policy: You must provide accurate and full answers to all questions asked by your insurer.
- At renewal: You should check your renewal documents carefully and notify your insurer if any information has changed or is incorrect.
- Whenever your circumstances change: If something happens during the policy period that could affect your risk—such as renovations, changes in occupancy, or new security measures—you must disclose these changes as soon as possible.
Failing to comply with your duty of disclosure—whether by omission or misrepresentation—can have serious consequences, including claim rejection or policy cancellation. The Consumer Insurance Act gives you protection if you make an honest mistake, but it also makes clear that deliberate or careless non-disclosure could result in your insurer refusing to pay a claim or voiding your policy altogether.
Material Facts: What You Must Tell Your Insurer
A material fact is any information that would influence an insurer’s decision to provide home insurance cover, set the terms of your insurance contract, or determine the premium you pay. In other words, if a detail could affect how your insurer assesses the risk of insuring your home, it must be disclosed. The principle behind this requirement is to give your insurer a fair and accurate picture of the risk, so they can make informed decisions about your policy.
Practical examples of material facts for home insurance include:
- Past insurance claims or losses: If you’ve previously made claims for water damage, theft, fire, or any other type of loss, this history must be disclosed. Insurers use your claims record to assess the likelihood of future claims and set your premium accordingly.
- Renovations or structural changes: Any extensions, loft conversions, or significant alterations to your property should be reported. These changes can affect the rebuild cost, security, and overall risk profile of your home.
- Changes in occupancy: If you start renting out part of your home, take in lodgers, or leave your property unoccupied for long periods (typically more than 30 days), your insurer needs to know. These changes can increase the risk of damage or loss.
- Installation or removal of security systems: Adding or removing burglar alarms, CCTV, or other security measures can affect your risk level and may impact your premium or eligibility for certain policies.
- Criminal convictions of anyone living at the property: If anyone in your household has a criminal conviction (not spent under the Rehabilitation of Offenders Act), this is a material fact that must be disclosed, as it can influence an insurer’s willingness to provide cover.
- Other changes in risk: Starting a home business, storing hazardous materials, or any other significant change in how your property is used should be reported. These circumstances can alter the risk and may require adjustments to your policy.
It’s important to note that material facts are not limited to what is specifically asked on your proposal form or statement of fact. If you are ever unsure whether something counts as a material fact, the safest approach is to disclose it. Insurers prefer to have too much information rather than too little, and full disclosure protects you from the risk of non-disclosure or misrepresentation—which could result in claim rejection, policy cancellation, or even legal consequences.
Not sure what counts as a material fact?
Get a free consultation with our Northern Ireland insurance specialists.
How and When to Disclose Changes in Risk
Disclosure is not a one-off obligation—it is a continual responsibility that lasts for the entire duration of your home insurance contract. Your duty of disclosure applies not just when you first take out a policy, but also at every renewal and whenever your circumstances change in a way that could affect the risk your insurer is covering.
Key moments when you must update your insurer:
- When taking out a new policy: You are required to answer all questions honestly and provide all relevant information about your property, previous claims, and any risks at the outset of your insurance contract.
- At every renewal: Each time you renew your home insurance, you must review your policy documents carefully. If there have been any changes to your circumstances or the property itself, you must disclose these to your insurer. If you do not make any declarations, insurers will assume all facts remain unchanged, which could leave you open to issues with claim payments or even policy cancellation if something is later uncovered.
- Whenever your circumstances change: Throughout the policy period, you must disclose any changes in risk as soon as possible. This includes:
- Renovations or structural changes to your home (such as extensions or loft conversions).
- Changes in occupancy, like renting out your home, leaving it unoccupied for more than 30 days, or taking in lodgers.
- Acquiring high-value items, such as jewellery or art, that exceed your policy’s single item limit.
- Changes in use, such as starting a home business or using your home for purposes other than living in.
- Any new criminal convictions for you or anyone living at the property.
- Changes to your address or contact details.
Failing to disclose changes in risk can have serious consequences, including claim denial, reduced claims payments, or your policy being declared void from inception. To avoid these risks, always check your policy documents for specific requirements and contact your insurer if you are unsure whether a change needs to be disclosed.
It is also wise to keep written records of all disclosures and communications with your insurer. This provides evidence of your compliance with your duty of disclosure and can be invaluable if there is ever a dispute over what information was provided and when.
What Happens If You Don’t Disclose? Understanding the Risks
Failing to disclose a material fact or making a misrepresentation in your home insurance contract can have serious and lasting consequences. Insurers rely on accurate disclosure to assess risk and set fair terms. If you omit relevant information or provide incorrect details—whether deliberately or by accident—you risk the following outcomes:
- Claim denial: Your insurer may refuse to pay out on your claim if they discover that you failed to disclose a material fact or made a misrepresentation. This can leave you facing the full cost of repairs or replacement yourself, often at the worst possible time.
- Policy cancellation: The insurer could void your policy from inception, meaning it is treated as if it never existed. This leaves you uninsured for any losses and can have a knock-on effect on your ability to secure future cover.
- Reduced payout: In some cases, if your insurer would have offered cover on different terms had they known the full facts, they may pay only a proportion of your claim. This reflects the risk they would have covered had you been fully transparent.
- Increased premiums: Non-disclosure or misrepresentation can lead to higher premiums in future, or make it more difficult to obtain insurance at all. Insurers may view you as a higher risk, and this can follow you for years.
It’s important to note that deliberate or reckless non-disclosure is treated much more severely than an honest mistake. If you intentionally withhold information or knowingly misrepresent the facts, your insurer is entitled to avoid the contract and refuse all claims, keeping the premiums paid. Even carelessness, however, can have serious consequences—insurers may still reduce your claim or cancel your policy if they believe you did not take reasonable care.
The long-term impact of non-disclosure or misrepresentation shouldn’t be underestimated. A voided policy or denied claim can make it much harder and more expensive to get insurance elsewhere, as future insurers may consider you a higher risk or even refuse cover altogether. In short, failing to comply with your duty of disclosure could result in significant financial loss and ongoing difficulties securing the protection you need.
5 Essential Tips to Protect Your Insurance Coverage
Protecting yourself from the risks of non-disclosure and misrepresentation in home insurance is straightforward if you follow a few essential steps. These habits not only ensure you meet your duty of disclosure but also give you peace of mind that your insurance coverage will stand up when you need it most.
- Always answer insurer questions fully and honestly.
Your insurer relies on the information you provide to assess risk and set the terms of your insurance contract. Take reasonable care to ensure your answers are accurate and complete, whether you’re completing a proposal form, speaking on the phone, or responding to emails. If you’re ever unsure about a detail, it’s better to disclose it than risk a problem later. - Review your policy documents carefully at inception and renewal.
Mistakes or omissions can creep in, so check all the details each time you receive new documents from your insurer. At renewal, confirm that all information remains correct and disclose any new material facts or changes in risk that have come about during the policy period. - Notify your insurer promptly of any changes, even if you’re unsure whether they’re material.
Changes such as renovations, a new occupant, or starting a home business should be disclosed as soon as possible. If you’re in doubt about whether a change is relevant, contact your insurer or insurance broker for advice—better safe than sorry. - Keep copies of all correspondence and disclosures.
Save emails, letters, and notes from phone calls with your insurer or broker. These records can be invaluable if there’s ever a dispute about what was disclosed and when, helping you demonstrate that you took reasonable care to meet your duty of disclosure. - Seek professional advice if you’re uncertain about your obligations.
If you find the process confusing or are worried about getting something wrong, consider speaking to a loss assessor or insurance professional. Expert guidance can help you understand your responsibilities, avoid pitfalls, and ensure you’re fully protected under your insurance contract.
By following these practical steps, you’ll not only comply with your duty of disclosure but also reduce the risk of claim denial, policy cancellation, or financial loss. Taking care at each stage—when applying, at renewal, and whenever your circumstances change—protects your home, your finances, and your peace of mind.
Need Help With Your Insurance Disclosure?
Ensuring proper insurance disclosure shouldn’t keep you awake at night. As Northern Ireland’s specialist loss assessors, we help homeowners like you protect their coverage with confidence.
With PCLA, you’ll get:
✓ Clear guidance on what to disclose;
✓ Expert review of your insurance documentation;
✓ Local knowledge of Northern Ireland insurance requirements;
✓ Professional support when you need it most.
Speak with our experts today: 📞 Call: 028 9581 5318
Protecting Your Home Insurance
Your home insurance is only as good as the information you provide. Here’s what you need to remember:
✓ Be Upfront and Honest.
Your duty of disclosure isn’t just a legal requirement—it’s your safety net. Always tell your insurer about anything that could affect your home’s risk level.
✓ Know Your Timeline.
Disclosure matters at three crucial points:
- When you first apply;
- Every time you renew;
- Whenever circumstances change during your policy.
✓ Remember the Essential Details.
Keep your insurer informed about:
- Previous claims (even minor ones);
- Home improvements or renovations;
- Changes to security systems;
- Who’s living in your property;
- Any criminal convictions.
✓ Document Everything.
Keep records of:
- All communications with your insurer;
- Copies of disclosure forms;
- Dates when you reported changes;
- Photos of home improvements.
✓ When in Doubt, Ask!
Not sure if something needs declaring?
Contact your insurance provider or speak with a professional loss assessor. It’s better to ask now than face a rejected claim later.
Common Questions About Your Insurance Duty of Disclosure
1. What is the duty of disclosure in home insurance?
The duty of disclosure is your legal and contractual obligation to provide your insurer with all relevant information when you take out, renew, or amend a home insurance policy. Under the Consumer Insurance (Disclosure and Representation) Act 2012, you must take reasonable care to answer all questions from your insurer fully and honestly. This helps your insurer assess the risk accurately and ensures your cover is valid if you ever need to make a claim.
2. What counts as a material fact I must disclose to my insurer?
A material fact is any information that could influence your insurer’s decision to offer cover, set the terms, or determine your premium. Examples include previous insurance claims, renovations or structural changes, changes in occupancy (like letting your home or leaving it empty for long periods), installing or removing security systems, and any unspent criminal convictions in your household. If you’re ever unsure, it’s always safer to disclose the information.
3. When do I need to update my insurer about changes?
You must update your insurer:
- When you first take out your policy
- At every renewal
- Whenever your circumstances change during the policy period (for example, after renovations, a new occupant, or starting a home business)
Always check your policy documents for specific requirements and contact your insurer if you’re unsure. Keeping your insurer informed helps avoid problems if you need to make a claim.
4. What happens if I forget to disclose something or make a mistake?
If you forget to disclose a material fact or make a mistake, your insurer will assess whether it was an honest error, carelessness, or deliberate. Under the Consumer Insurance Act, honest mistakes are treated more leniently, but careless or deliberate non-disclosure can lead to claim denial, reduced payouts, or policy cancellation. Always take reasonable care to provide accurate information and keep records of your disclosures.
5. Can my insurer cancel my policy for non-disclosure?
Yes. If your insurer discovers you failed to disclose a material fact or misrepresented information, they can cancel your policy from inception—meaning it’s as if the policy never existed. This is more likely if the omission was deliberate or reckless. Even unintentional non-disclosure can result in reduced payouts or higher premiums. A cancelled policy for non-disclosure can make it harder and more expensive to get insurance in the future.
6. How do insurers check for non-disclosure or misrepresentation?
Insurers may review your application, renewal documents, and any claims you make. They can cross-check your answers against databases, previous claims, and sometimes request further information or evidence. If a claim is made, insurers often investigate thoroughly to ensure all relevant facts were disclosed at the outset or at renewal.
7. What can I do if my home insurance claim is rejected due to non-disclosure?
If your claim is rejected, ask your insurer for a clear explanation and review the reasons given. Gather all relevant documentation, including your policy, application, and correspondence. If you believe the rejection is unfair, you can file a formal complaint with your insurer. If the issue isn’t resolved, you can escalate your complaint to the Financial Ombudsman Service. Professional claims management services or a loss assessor can also help you challenge the decision and prepare your case.
8. Will making a claim or disclosing more information increase my premium?
Disclosing relevant information or making a claim can sometimes result in higher premiums, as your insurer may see you as a higher risk. However, failing to disclose information is far riskier, as it could result in denied claims or cancelled policies. It’s always better to be honest and transparent—paying a slightly higher premium is preferable to being left uninsured when you need cover most.
9. What is the difference between a loss assessor and a loss adjuster?
A loss assessor works for you, the policyholder, to help you prepare, present, and negotiate your insurance claim. They are your advocate, aiming to secure the best possible settlement. A loss adjuster, on the other hand, is appointed by the insurer to investigate the claim and protect the insurer’s interests, often focusing on minimising the payout.
10. How can a loss assessor help if I’m overwhelmed by the claims process?
A loss assessor takes the stress out of making a home insurance claim by managing the entire process for you. They assess the damage, gather evidence, handle paperwork, and negotiate directly with the insurer or their loss adjuster. Their expertise ensures nothing is missed and that you receive your full entitlement, saving you time, reducing hassle, and providing peace of mind during a difficult period.
If you have more questions or need help with your home insurance claim, contact a professional loss assessor for expert advice and support.
