The TA6 form is a crucial document used in the UK property conveyancing process. It is part of a Law Society’s suite of forms and is officially known as the “Property Information Form.” The TA6 form is completed by the seller and provides detailed information about the property to prospective buyers. This information helps buyer make informed decisions and addresses any potential issues before the sale is completed.

Currently the TA6 covers 14 separate subjects with question to be answered by the seller. These are:

  1. Boundaries
  2. Disputes and complaints
  3. Notices and Proposals
  4. Alterations, planning and building control
  5. Guarantees and warranties
  6. Insurance
  7. Environmental matters
  8. Rights and informal arrangements
  9. Parking
  10. Other charges
  11. Occupiers
  12. Services
  13. Connection to utilities and services
  14. Transaction information

While currently completing a TA6 form is not mandatory. Omission or delay in providing the same may delay the sale. As you’re trying to sell your home, you’ll not doubt want to get a move on, so filling in the form as thoroughly as possible will get your sale off to a good start.

The form includes instruction to seller that they should:

  • Complete the form to the best of your knowledge
  • State if you don’t know the answer to any question
  • Be accurate, if you give incorrect or incomplete information to the buyer, the buyer may make a claim for compensation from you or refuse to complete the purchase.
  • Inform your solicitor immediately if you become aware of any information which would alter any replies you have given
  • Give your solicitor any letters, agreement or other paper which help answer the question

 

In March 2024, the Law Society published the TA6 (Fifth Edition) Property Information Form. Initially, it was set to be mandatory for all Conveyancing Quality Scheme (CQS) firms from June 25, 2024.

The form has been updated to include information that the National Trading Standards Estate and Letting Agency Team (NTSELAT) says should be disclosed on a property listing. The idea behind the new form is that a client should contact their solicitor and complete this form earlier so that more information can be used for marketing the property. This should give buyers an increased knowledge of the property and reduce the likelihood of the transaction falling through at a later stage when extra information is revealed.

The Law Society President Nick Emmerson says: “Earlier contact between sellers and their solicitors may provide an opportunity to address any issues that could cause delays in the sale process at a later date. We hope that the TA6 will help facilitate the flow of information from marketing a property by estate agents through to the legal process. The aim is that having better informed buyer could help reduce both the time process takes and the number of sales that fall through.

The new form has been split into two parts:

Part 1 deals with material information which your estate agent will require, for instance, Council Tax Band, Physical Characteristics of the property or Building Safety while Part 2 deals with general information and should be completed. These include queries regarding Boundaries, Disputes and complaints or Transaction Information, etc.

While the intention behind the updates was to enhance transparency and efficiency in property transactions, several concerns have been raised regarding the practical implications and effectiveness of the new form. Here are some of the criticisms:

  • Complexity and Length – Many argue that the new TA6 form is overly complex and lengthy. The increase level of details and additional questions may overwhelm both buyer and seller, leading to confusion and potential errors in completion. This could result in longer transaction times, as parties may require more time to understand and complete the form accurately.
  • Increased Burden on Seller—The new TA6 form places a greater burden on sellers to provide detailed information about the property. This includes additional disclosures related to environmental factors, building work, and insurance claims. The increased burden on the sellers to provide detailed information and potentially obtain additional assessments or reports could increase the overall cost of selling a property.
  • Uncertainty about Effectiveness—Some question the effectiveness of the new TA6 form in achieving its intended goals of improving transparency and efficiency in property transactions. There is uncertainty about whether the increased level of detail and additional disclosures will genuinely benefit buyers and sellers or simply add complexity to the process without significantly improving outcomes.

However, the Society of Licensed Conveyancers (SLC) has expressed its disappointment that the Law Society has updated the TA6 forms without their consultation. Simon Law, the Society Chairperson, says: “We are disappointed to note that the forms have been amended without consultation with either the SLC or the Conveyancing Task Force. Adding material information to these forms has drastically increased the size of the forms and information required.”

Following the backlash, President Nick Emmerson wrote an article in The Law Society Gazette addressing the concern, saying: “We have heard your feedback and want to explain in more detail the reasons behind the changes to the form, which was developed by a working group conveyancer with a wealth of experience of working on the transaction form. Our aim with the new TA6 is to help solicitors and consumers implement the NTSELAT material information guidance as seamlessly as possible.”

However, The Law Society has delayed the mandatory use of the updated TA6 form from June 2024 to January 2025. Ian Jeffrey, the Chief Executive Officer of the Law Society of England and Wales, explained, “We recognise that we have not yet persuaded enough of our colleagues on these particular changes, so we need to do more to communicate with the profession about them.” Until 15th January 2025, firms can use either the 4th or 5th edition of the TA6 form.

In conclusion, the updated TA6 Property Information Form, now in its fifth edition, introduces significant changes to enhance transparency and efficiency in the property conveyancing process. Mandated for use by Conveyancing Quality Scheme firms from June 2024, the revised form includes comprehensive disclosures recommended by the National Trading Standards Estate and Letting Agency Team. By requiring sellers to provide detailed information earlier in the transaction process, the updated TA6 aims to inform buyers more thoroughly and reduce the risk of sales falling through.

The change has not been without controversy. Criticisms focus on the increased complexity and length of the form, the additional burden placed on the seller, and doubt about the form’s overall effectiveness in achieving its goals. The Society of Licensed Conveyancers and many professionals in the field have expressed concerns, highlighting the need to balance thorough disclosure and practical usability. Hopefully, the delay will allow for these issues to be addressed and for better communication with the profession.

As part of our commitment to maintaining the highest standards under the Conveyancing Quality Scheme, Chan Neill Solicitors LLP will begin using the new TA6 form from 15th January 2025. Please do not hesitate to contact us for guidance or support. We will provide clear instructions and examples to help you complete the new form accurately. Our team will be available to answer any questions about specific sections or the information required.

This article is provided for general information only. It is not intended to be and cannot be relied upon as legal advice or otherwise. If you would like to discuss any of the matters covered in this article, please contact us using the contact form or email us on reception@cnsolicitors.com