When selling a property, you will need to fill out several forms to give the buyer information about it. One of these is property information form TA6. This is one of the first forms your conveyancer will ask you to fill in.
Form TA6 covers vital information about the property and its surroundings, including boundaries, drains, access rights and more.
An example TA6 form is available to download from the Law Society website.
When you are selling you must fill in the form accurately to the best of your knowledge. If you do not know the answer to a question, you must admit this.
If as a seller, you provide inaccurate information on the form TA6 form, the buyer can make a claim for compensation or refuse to complete the purchase.
If you find out something that would have a material effect after completing on form, you must contact your conveyancer immediately.
What does Form TA6 cover?
Form TA6 is divided into separate sections numbered 1 through to 14. Each part details a particular element about the property or the transaction.
1. Boundaries
The first thing covered in property information form TA6 is the property’s boundaries.
Boundaries are a common cause of arguments between neighbours. For this reason it is important for anyone moving into a property to be clear about boundaries from the start.
Form TA6 asks who owns and is responsible for the maintenance of the property’s various boundaries. It also asks about any changes that may have occurred in the last 10 years.
The property information form also checks if any part of the property overhangs or projects under a boundary or road. A good example of this is a cellar which extends out in front of the house under a pavement.
Finally, you are required to supply a copy of any notices received under the Party Wall Act of 1996. This act regulates shared boundaries and details of any work carried out or agreed due to these notices.
2. Disputes and complaints
The second section of Form TA6 asks if there have been any disputes or complaints regarding a property. It also asks if there is anything which might lead to a dispute about it or a nearby property in the future.
If you answer yes, then you will be asked to provide further details about these disputes.
What constitutes a dispute is subjective, it can cover any disruptive or discourteous behaviour. Disputes can consist of complaints about noise, parking issues, littering, and other anti-social behaviour.
While a disagreement about sport or politics would not constitute a dispute, an argument about them involving swear words or rude behaviour could do.
A disagreement is considered a dispute if a complaint is made about a neighbour to a local council, or another authority.
If you know about any dispute which could significantly affect the buyer’s enjoyment of the property, you are obligated to list it in property information form TA6.
Generally, it is worth trying to resolve disputes with your neighbours to increase the sale value of your house. While past disputes still need to be listed, the neighbourhood is painted in a much better light if they have been resolved amicably.
3. Notices and proposals
The third section of the Form TA6 covers information regarding any notices or proposals which could affect the property.
This includes proposals to develop or change the use of any nearby buildings or land.
If you have received any letters or communications from your neighbours or your local authority about upcoming plans which may affect the property, you must provide a copy of these in Form TA6.
4. Alterations, planning, and building control
This section of Form TA6 covers any changes you have made to the property.
You will be asked to show that you have the correct consents and approvals, including copies of any planning permissions, building regulations approvals and completion certificates.
Details about incomplete work or work which lacks planning consents or building regulations approval must still be included in property information form TA6.
Section four also covers solar panels, with a particular focus on whether they are owned or leased. This is because they can have a significant impact on mortgage lending.
Finally, section four covers heritage concerns. This includes if a property is in a conservation area, if it has listed building status and if any tree preservation orders apply.
5. Guarantees and Warranties
The fifth section of Form TA6 asks about warranties and guarantees which relate to the property.
This can include guarantees for building work, warranties for appliances, and even new home warranties.
The terms and conditions of these warranties must be included in this section. This is because it is important the buyer knows under what circumstances these apply.
Section five also asks if any claims have been made against these warranties and for details about those claims.
6. Insurance
Section six of Form TA6 notes the property’s insurance.
It will ask if you, or in the case of a leasehold, your landlord, insure the property, and if not, asks why not.
The section checks if the property’s insurance has ever been subject to abnormal rises in premiums or high excesses.
It also asks if a property’s insurance policy has ever been made subject to unusual conditions, or outright refused.
Finally, it checks if any claims have been made against the building insurance and asks for details about those claims.
7. Environmental matters
The seventh section of Form TA6 details how several environmental factors may affect the property.
If the property has been flooded in the past, this must be disclosed, along with what type of flooding (coastal, surface, groundwater, river, sewer) affected the property. If a flood risk report has been prepared for the property, this must be included within Form TA6.
An EPC, or energy performance certificate must also be included with the property information form. These rate a home’s energy efficiency on a scale from A (most efficient) to G (least efficient).
Section seven also asks about radon gas, which in some parts of the country can potentially build up in enclosed spaces and prove dangerous. Any reports or tests about radon gas relevant to the property must be disclosed and any remedial measures taken must be detailed.
Finally, you must disclose if your property is affected by Japanese Knotweed. Knotweed is an invasive plant, which can take years to eradicate. It can also destroy buildings given time. It’s presence can reduce the selling price of a house dramatically.
8. Rights and informal agreements
Form TA6 asks about any rights, shared use, or informal agreements that apply to a property.
These can include public access rights such as footpaths and private access rights, such as a shared driveway. It also includes any rights to light or support which the property is entitled to.
Details about any liabilities which affect a property, including chancel repair, and canal and river maintenance must also be declared.
Any services which cross the property, including drains, wires, and pipes, should also be detailed in section eight.
Finally, the section will include details on customary rights and other people’s rights to take minerals or resources such as fish, game, or hay from the property.
9. Parking
This section of form TA6 discusses the parking rights at the property.
You must confirm any allocated parking spaces or garages the property has access to. If a permit or license is needed to park at the property, this should also be disclosed.
You will also need to mention any local authority parking scheme or controlled parking zones which affect the property.
10. Charges affecting the property
Any additional charges affecting the property must be disclosed in section 10 of the Form TA6.
This can include payments to a management company.
All such charges costs and their frequency must be disclosed in the property information form.
Costs associated with a leasehold, like ground rent and service charges must be detailed in Leasehold Information Form TA7.
11. Occupiers
Form TA6 asks about any occupiers living in the property. It asks if you and your family live in the property.
It also asks about tenants and lodgers. If any tenants or lodgers have not agreed to leave the property after the sale this must be disclosed.
If no one will be living in the property at the time of completion, you can sell it with vacant possession, which can help drive up prices and demand. To do this, you must supply evidence that the property will be vacant at time of completion.
12. Services
Sections 12 of the property information form asks about the services that are connected to your house. This includes electricity, central heating, water, sewerage, telephone, broadband and cable TV connections.
In section 12 you will be asked if any work has been carried out on either the electrical fittings or the central heating system since 2005. If work has been completed, you will be asked to provide safety certificates for this.
If you do not have mains sewerage, section 12 will ask for details about your sewerage solution, with particular focus on septic tanks. This will include asking about their safety and their interaction with the environment beyond the property.
13. Service providers
Section 13 is simple. It simply asks you which service provider is providing which service.
You will be expected to list your electricity, central heating, water, sewerage, telephone, broadband and cable TV providers.
This section also asks about the location of any meters for the above-mentioned services and the water stopcock.
14. Transaction information
Section 14 deals with queries about the transaction which do not relate to the property.
This includes factors such as whether the sale is dependent on the purchase of another property. It also asks if the seller has specific requirements about a move in date, and if the sale price will repay all mortgages on the property.
Form TA6 for buyers
When buying, the property information form is also important. This is because it is your first port of call for information about a property.
If a seller, their conveyancer, or their estate agent gives you information about the property outside Form TA6, whether it be in writing or conversation, you should inform your conveyancer about this.
Anyone marketing a property is legally obligated tell you anything they know, or should know, which might impact your decision to buy it or the price which you would pay for it.
You should have your conveyancer check over all the information you are relying on to come to your decision, as they can ensure it is valid.
Can Property Information Form TA6 be trusted?
Most contracts for property sales in the UK say you can rely on information given to you by the seller in writing. Most property sale contracts make Form TA6 a legally binding document.
If the seller’s information is inaccurate, and they could have reasonably been expected to know otherwise, you may be able to make a claim under the Misrepresentation Act 1967.
Situations where this could be the case include if a seller fails to disclose a dispute with their neighbours. Another example would be they erroneously suggest the property does not suffer from damp, and if they lie about flooding issues.
This does not mean that Form TA6 is an acceptable replacement for searches or a survey. It is possible the property has issues you could not reasonably expect a seller to know about.
If you did not conduct a survey, and issues like this come up, the seller will not be held responsible for rectifying them.
Conclusions
Property Information Form TA6 is one of the more important documents involved in property transactions.
As a seller, you use it to give accurate and valuable information about a property to the buyer as a central part of the conveyancing procedure. If you mislead a buyer using this form, they are entitled to make a claim for compensation or refuse to complete the purchase.
The form is not a replacement for searches or surveys but offers buyers a useful guide to the property they are looking at buying.
Has this article been helpful? Let us know by leaving a short comment below.
Leave A Comment