Sellers’ Spotlight: The Revised TA6 Form has Arrived

In March 2024, The Law Society of England and Wales released a new edition of the TA6 Property Information Form and it will be the only version used by solicitors from 25^th June 2024. New and revised questions have been added to position the form in line with National Trading Standards’ material information guidance.

Material information (Parts A, B and C) is defined in the Consumer Protection from Unfair Trading Regulations 2008 as ‘information that the average consumer needs, according to the context, to take an informed transactional decision.’

In layman’s terms, this means all property listings, whether they appear on property portals, agents’ websites, third-party websites or within printed material, should contain upfront information about a property and its location. This represents a timing change, as usually detailed information about a property is only shared with the buyer during the post-offer conveyancing stage.

In order for the material information obligations to be met, sellers are being urged to appoint a solicitor before they instruct an estate agent. This will ensure the act of information gathering is completed before a property comes to market. In theory, sales should reach exchange more quickly, with the risk of the transaction falling through reducing.

The new, fifth edition of the TA6 will serve as the primary document to collate all the material information required, and sellers should be prepared to fill this form in much earlier than previously expected.

Whether you have sold a property before or if this is your first time as a vendor, it’s good to know the new information that is required. The following updates and new aspects now apply:

• Property details: including the Unique Property Reference Number (UPRN) and council tax band of the property.
• Tenure, ownership and charges: whether the property is freehold, leasehold, shared ownership, or commonhold; and details of the costs, such as ground rent and service charges.
• Parking: including the cost of parking permits and whether the property has electric vehicle (EV) charging.
• Building safety: providing details of any defects or hazards at the property and whether essential works have been recommended and carried out.
• Restrictive covenants: ones that affect the use of the property.
• Flood risk and coastal erosion: to establish what the flood risk is for the area around the property, whether any defences have been installed, and if the property is near the coast, whether there is any known risk of coastal erosion.
• Accessibility: the adaptations or features that have been made to provide easier access to and within the property.
• Coalfield or mining area: identifying if the property is impacted by any past or present mining activity.
• Solar panels: providing details about the installation that a buyer/lender will need to know.
• Services connected: these now include air and ground heat pumps.
• Drainage and sewerage: additional questions about where the sewerage system discharges to and whether it has an infiltration system.
• Japanese knotweed: refinement of the question to incorporate the area adjacent to or abutting the property.

The revised and new elements of the TA6 form are in addition to the existing fields of questioning, which include: boundaries; disputes and complaints, notices and proposals; alterations, planning and building control; guarantees and warranties; insurance; environmental matters; rights and informal arrangements; charges; parking; occupiers; connections and utility services, and transaction information.

Some of the above information will be obtained by your solicitor but you may have to provide other details. For example, you will need to evidence planning permission for an extension, provide a FENSA guarantee for new windows, disclose if you’ve made a complaint to the police about your neighbour, prove your home is insured and detail who supplies the utilities.

The sooner you appoint a conveyancer and start gathering information about your home, the better. Please contact your local White & Brooks team for help with choosing a solicitor, filling out the TA6 form and preparing your home for the open market.