If you are selling your home, you probably know that you’ll need to provide a lot of information in the upcoming days and weeks.
Disclosing almost everything about your home and property to potential buyers is a part of the process, and you will need several protocol forms for conveyancing, such as the TA6, TA7, TA10, FENSAs, and EPCs.
The TA6 form is probably the most intimidating of these forms. You can find the property information from the TA6 PDF download with a quick search. It is essential to understand the TA6 property information form and how it may affect your sale.
Table of Contents
What is a TA6 Form?
The Law Society Property Information Form, commonly referred to as the TA6, must be filled out by the seller when selling a house or a flat. The purpose of this form is to provide the buyer with any valuable information regarding the property.
While other forms need to be completed when selling a property, this form is comprehensive enough that it is likely to take up a lot of time.
What is TA6 and TA10?
The initial step in any conveyancing process involves preparing the Contract Pack, also known as the conveyancing Contract Pack or solicitors Contract Pack. A crucial component of this Contract Pack includes the TA6 form (Seller Property Information form) and the TA10 form (Fixtures & Fittings Form).
Who provides a TA6 form?
The TA6 form is created by the Law Society and encompasses 14 distinct subjects with questions that the seller is required to answer.
What is a TA6 form used for?
The TA6 Property Information Form is a form designed to help the seller provide important information about the property being sold to the buyer. The TA6 form will ask the seller a variety of detailed questions, which must be answered as truthfully as possible.
What does TA6 include?
TA6 form contains important information relating to the property including boundaries, details of any planning permission, supply of utility services and any warranties.
Is TA6 form mandatory?
Completing a TA6 form isn’t mandatory; however, you will be strongly advised to do so by your solicitor as it would put off most buyers, but not us. You can sell a home without TA6 form, particularly if you are an Executor.
How do I get a property information form?
Once a sale is agreed, your solicitor will provide you with a copy of the Property Information Form to complete. As soon as it is completed, it will be sent to the buyer’s solicitors.
What is the most recent TA6 form?
This is the most recent version TA6 Property information form (4th edition) (2020).
What Information Does a Property Information Form TA6 Require?
TA6, or the Property Information Form is a comprehensive response document which requires the following details to be completed:
- Property Boundaries: The TA6 form requires answers to questions about the property’s boundaries. Being as honest as possible is important, as lying on the form could lead to legal issues. Boundary features refer to anything that physically separates one property from another, such as hedges or fences.
- Disputes and Complaints: This section deals with any disputes the seller has had with their neighbours and the actions taken to resolve them. It is also important to note potential problems a future buyer might face. This can include any complaints made to the council such as noise, regardless of how minor.
- Notices and Proposals: The seller must note any notices or proposals that could affect the property, including any communication from the government, local authority, or neighbours such as a Party Wall Act notice. They should also provide information about potential changes to the nearby land or buildings.
- Alterations, Planning, and Building Control: The seller must document any changes made to the property, including whether they had the required consent. If the work was self-certified, the certification should be provided. Solar panels must be noted and information provided if they are leased or owned and if a lease of the air space has been granted.
- Guarantees and Warranties: Any guarantees or warranties regarding the property should be listed here. The seller should provide any related paperwork to the buyer, and it is the buyer’s responsibility to review the terms and conditions. In some cases, not all benefits are transferred to a new owner, and some may only transfer if a fee is paid.
- Insurance: This section provides more information about the insurance that currently covers the property. If the seller has not insured the property, they must explain why. If the property is a flat, the seller must tell the buyer if the landlord has an insurance policy. Any claims made against that policy must be mentioned here.
- Environmental Matters: This section helps a buyer understand any environmental issues the house has experienced or may experience in the future. The first question is about flooding.
- Rights and Informal Arrangements: The seller must provide details of any shared use spaces, such as leases to mines and minerals and chancel repair. These could have been formalised, or they could be informal agreements between property owners.
- Parking: An estate agent usually provides information about the parking facilities, but if this is not the case, the seller must provide this information on the TA6 form. They must explain if there is a garage or a carport, access to a driveway, an allocated car parking space, or on-street parking. If a license or permit is needed to park at the property, this must be stated.
- Other Charges: The seller must provide information about any charges they pay, such as those to a property management company. The buyer must also be informed of any lease expenses, such as service charges and ground rent if the property is a leasehold. The TA7 leasehold information form must also be completed.
- Occupiers: This is mainly relevant to those buying a property to let it out. The seller must inform the buyer if anyone over the age of 17 currently lives there and if they are tenants or lodgers. If the property has a tenancy, it must be terminated before completion. The seller must also state if the property will be vacant upon completion.
- Services: The seller must confirm if the electrical installation at the property has been tested by a qualified and registered electrician and provide the related documentation. Any electrical work that has been done must be noted, and Buildings Regulation Compliance Certification must be provided.
- Connection to Utilities and Services: The buyer needs to know who supplies the utilities and other services to the property. The seller must provide the name of each provider and where the meter is (if applicable). They must also note any special moving date requirements for the buyer.
- Transaction Information: This section helps the buyer understand more about the sale of the property. The seller must state if the property is part of a chain and any special requirements for the moving day. It is also important to note if the sale amount is enough to repay any outstanding mortgage.
What is a TA6 form for a Neighbours?
For neighbours, TA6 covers the boundaries of the property and any disputes with neighbours.
Completing TA6 form: best practices
The TA6 form is an important document that buyers rely on for information when deciding whether to buy a house.
Completing a TA6 form is not mandatory, but omitting or delaying certain information may slow down the sale process. If you’re looking to sell your home quickly, filling out the form thoroughly will give your sale a good start.
The form provides ‘instructions to sellers’ which state that you should:
- Complete the form to the best of your knowledge.
- State if you don’t know the answer to any question.
- Be accurate. Providing incorrect or incomplete information to the buyer may lead to compensation claims or refusal to complete the purchase.
- Inform your property lawyer immediately if you learn of any information that would change your previous responses.
- Provide your property lawyer with any relevant letters, agreements, or documents to assist in answering the questions.
You should not exclude information that you know should be included. However, you are not expected to have expert knowledge of legal or technical matters or matters that occurred before you owned the property.
What is misrepresentation by seller of property?
In legal terms, property misrepresentation occurs when a seller fails to disclose or knowingly misrepresents any information on the seller’s property information form or in response to further enquiries.
If a property seller lies on the TA6 form, the buyer can claim misrepresentation against the seller of the property.
Do you have to declare flooding when selling a house?
You are responsible for declaring flooding when selling a house, typically using the property’s TA6 Form. A flood risk report is an extra conveyancing search usually ordered and paid for by the buyer.
Can I sell my house without building regulations certificate?
If you sell your home, you must disclose a lack of a building regulations certificate. It would be very difficult to sell a house without a building regulation certificate because of the invasive nature of checking for compliance and doing necessary repairs. However, it is possible to sell to a cash buyer.
Can you sell a house without a building completion certificate?
If you do not have a Building Control Certificate, then it is likely that you cannot sell your home. You will need to disclose to any potential buyers that your home does not have Building Regulations approval.
TA6 form for buyers
The TA6 form includes notes to the buyer too:
As a buyer, you should inform your conveyancing solicitor if the seller gives you any information separately to the TA6 form concerning the property that you wish to rely on when buying it. This applies whether it’s in writing or in conversation, through an estate agent, conveyancing solicitor, or directly.
The estate agent or person marketing the property is legally obliged to tell you anything that they know or should know, which might impact your decision to offer to buy the property or how much you would be willing to buy it for – the material information. You should ensure that your property lawyer knows what material information you have been given by anyone marketing the property and which you are relying upon so that they can check it and ensure it is valid.
The form should not be used as a substitute for having a survey.
You should be aware that the seller is only obliged to give answers based on their own information. You should not expect them to have legal or technical knowledge or knowledge of matters prior to their ownership of the property.
What if I bought a house with problems not disclosed UK?
If you have already purchased a house with undisclosed problems and have evidence to support your claim, you can take legal action against the seller under the Misrepresentation Act 1967. Alternatively, you can file a complaint for professional negligence if the solicitors are found to be at fault.
The good news is that you can sell your house after buying it. We’d be happy to make you a cash offer and although it won’t be full market value, you will get to walk away from a potentially problematic property.
Sell with certainty & speed
What documents do I need?
When completing the TA6 form, it is advisable to provide all the documents you have relating to the property. Some of the key documents to include are:
- Deeds
- Planning permission certificates
- Building control sign-off (for extensions, electrical work, and boiler installation)
- New build guarantee
- EWS certificate
I’ve filled in my TA6 form: What next?
After you have completed your TA6 form, along with your TA10 Fittings & Contents form and TA7 Leasehold Information Form if applicable, your conveyancing solicitor will send these documents to the buyer’s conveyancing solicitor.
The buyer and their conveyancing solicitor will then review the forms. Depending on what is – or isn’t – included in the forms, the buyer’s conveyancing solicitor may raise additional enquiries. It’s crucial to complete the forms accurately and promptly respond to any enquiries to prevent delays.
I’m buying: Can I trust the TA6 form?
The contract for the sale of the property is likely to confirm that you can only rely upon information given to you by the seller in writing. The TA6 form asks extensive questions about the property, but it is not a legally binding document in itself; instead, it gains legal significance through the contract.
When you purchase the property, you are subject to the matters that affect it, which are those specified in the contract or those that the seller does not and could not reasonably know about. It is in the seller’s interest to ensure they provide you with all the information they know about or could reasonably be expected to know about, as evidenced through the TA6 form.
It is important to note that the document should not be used as a replacement for a survey or conducting your own independent enquiries.
Buyers can independently verify many parts of the form, such as checking if building works had planning permission. Additionally, speaking to neighbours on the street can provide additional insights.
However, suppose the seller’s information is inaccurate, such as failing to disclose disputes with neighbours, suggesting the property is free from damp when it is not, or denying a flooding issue when there is one. In that case, the buyer may have a claim for misrepresentation under the Misrepresentation Act 1967.
Depending on what the seller misrepresented, the court can order the seller to pay damages to the buyer, potentially amounting to tens of thousands of pounds. In severe cases, the court may compel the seller to repurchase the property and cover additional expenses incurred by the buyer, including mortgage interest and legal costs, resulting in a substantial sum.
How do I prove I own my property?
Title deeds show the ownership history of land and property since it was registered. They also document any mortgages secured on the property. Title deeds can legally establish ownership of a property or piece of land. If you are an Executor, a Grant of Probate will be required.
What happens if I don't have a completion certificate?
Buildings insurance may be invalid without a completion certificate. It’s important to remember that if there’s no completion certificate for alterations to your property, your insurance company may refuse to pay out, and you may have to cover the cost yourself.
Options
PROS
CONS
Get a retrospective building regulations certificate
Benefit from the knowledge of experienced professionals.
Work is guaranteed and insured.
You don’t have to spend your time doing manual labour.
Costs will be higher due to invasive work and professional fees for surveyor and builder.
The buyer is unlike to wait and the sale maybe abortive.
Sell the property as is
You will get a cash offer and get to walk away from a problem.
You won’t receive full market value.
Any thoughts about selling your home?
Are you looking to sell your house? We buy houses in any condition. Get in touch if you are thinking of selling.
Property Saviour Price Promise
- The price we’ll offer is the price that you will receive with no hidden deductions.
- Be careful with ‘cash buyers’ who require a valuation needed for a mortgage or bridging loan.
- These valuations or surveys result in delays and price reductions later on.
- We are cash buyers. There are no surveys.
- We always provide proof of funds with every formal offer issued.
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- No long exclusivity agreement to sign because we are the buyers.
- You are welcome to use your own solicitor.
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