Buying a property can be both an exciting and stressful time. As part of the conveyancing process, the Property Information Form can be used to help to expedite the sale, provided this form is completed by the seller promptly and in full.
In this guide, we explain what the Property Information Form is, what kind of information it covers and what supporting documentation is needed.
What is the Property Information Form (Form TA6)?
Introduced by the Law Society to help improve the home-buying experience, the Property Information Form, otherwise known as Form TA6, sets out a series of standard enquiries about the property to be sold and the land it sits on.
Form TA6 asks a number of questions about the property, and any issues relating to it, that are within the knowledge of the seller. In this way the buyer can make a fully informed decision as to whether or not to proceed with their purchase. Any reference to ‘property’ on the form includes all buildings and land within its boundaries.
Who completes the Property Information Form and when?
It is the responsibility of the seller to complete the Property Information Form. This is usually done shortly into the conveyancing process and prior to exchange of contracts. Forming part of the sale contract with the buyer, the answers given to the enquiries raised are legally binding, where the buyer will be able to sue a seller for misrepresentation or breach of contract if the seller lies on the form or deliberately conceals something important. This means that any response to the questions set out in Form TA6 must be accurate and honest.
The buyer’s solicitor may also ask further specific enquiries throughout the course of the conveyancing process, which again, the seller has a duty to answer accurately and honestly.
On the Property Information Form, any references to ’seller’ means all sellers together, where the property is owned by more than one person. A ‘seller’ is any person named as owner on the property deeds or Land Registry title. If more than one seller exists, the form should either be prepared by all sellers together or each seller should check the answers provided on their behalf when completed by someone else. Each seller is also required to sign Form TA6.
Is the Property Information Form mandatory?
The seller of a property is not legally required to complete a Property Information Form, nor to voluntarily disclose any issues or defects, although any delay or refusal to complete Form TA6 will undoubtedly impede the sale. This is because a buyer is highly unlikely to proceed with their purchase where the seller is refusing to disclose certain information about it.
The instructions given to the seller on Form TA6 include a warning that even though completing the form is not mandatory, any omissions or delay in providing some information may hold the sale up. It also states that if the seller gives the buyer incorrect or incomplete information — either on the form or otherwise in writing or verbally, whether directly, or through the estate agent or solicitor — the buyer may make a claim for compensation from the seller or refuse to complete the purchase where this has not yet gone through.
What information does the Property Information Form cover?
The Property Information Form comprises several different sections, many of which have their own detailed series of questions. These sections and questions include:
Boundaries
Who owns or accepts responsibility to maintain and repair the property’s boundary features
Whether the seller is aware of any boundary feature having been moved in the last ten years or during their period of ownership, if longer, and whether any adjacent land or property has been purchased by the seller during their ownership
Whether any part of the property or any building on the property overhangs, or projects under, the boundary of the neighbouring property or road, and whether notice has been received under the Party Wall etc. Act 1996 in respect of any shared boundaries.
Disputes and complaints
Whether there have been any disputes or complaints regarding the property or a nearby property and, if so, details of any such dispute or complaint, and whether the seller is aware of anything that may potentially lead to a dispute about the property or a nearby property.
Notices and proposals
Whether any notices or correspondence has been received or sent by the seller, for example, from or to a neighbour, or the council, or if any negotiations or discussions have taken place, which either affect the property or a nearby property, with details
Whether the seller is aware of any proposals to develop nearby property or land, or of any proposals to make alterations to nearby buildings, again with details.
Alterations, planning and building control
Whether any changes have been made to the whole or any part of the property, including the garden, and whether there are unfinished works, with details
Whether the seller is aware of any breach of planning permission or Building Regulations conditions, or work undertaken that does not have all necessary consents, with details, and whether there are any outstanding planning or building control issues
Whether solar panels have been installed
Whether the property or any part of it is a listed building or in a conservation area, and whether any trees are subject to a Tree Preservation Order.
Guarantees and warranties
Whether the property benefits from a new home warranty, or other guarantees or warranties, for example, for damp proofing, timber treatment, windows or electrical works, and whether claims have been made under any of these guarantees or warranties.
Insurance
Whether the seller or a landlord of a leasehold building insures the property, and whether any buildings insurance taken out by the seller has been subject to especially high premiums/excesses or unusual conditions, or has been refused, with details of any claims.
Flooding
Whether any part of the property, including the garden or surrounding land has ever been flooded and, if so, what type of flooding occurred, such as ground water, sewer flooding, surface water, coastal flooding or river flooding, even if irregular or a one-off occurrence
Whether a Flood Risk Report has been prepared.
Radon
Whether a Radon test has been carried out on the property, where Radon is a naturally occurring radioactive gas found in the ground
Whether the test result was below the ‘recommended action level’ and whether any remedial measures were undertaken on construction to reduce any Radon gas levels.
Energy efficiency
The EPC rating for the property, and whether any installations in the property have been financed under the Green Deal scheme, with details of all installations.
Japanese knotweed
Whether Japanese knotweed affects the property, an invasive non-native plant that can cause damage to property if left untreated.
Rights and informal arrangements
Whether ownership of the property carries any responsibility to contribute towards the cost of jointly-used services, such as maintenance of a shared driveway or private road
Whether the property benefits from any rights or arrangements over neighbouring property, including any rights of way, with details
Whether anyone has taken steps to prevent access to the property, or to complain about or demand payment for access to the property, with details
Whether the seller knows if the property benefits from rights of light, rights of support from adjoining properties, or customary rights, such as rights deriving from local traditions
Whether certain arrangements affect the property, such as other people’s rights to mines and minerals under the land, or to take things from the land like timber or fish, with details
Whether there are any other rights or arrangements affecting the property.
Services crossing the property or neighbouring property
Whether any drains, pipes and/or wires serving the property cross any neighbour’s property, or leading to any neighbour’s property cross the property
Whether any agreement/arrangement exists about drains, pipes and/or wires, with details.
Parking
What parking arrangements there are at the property, and whether the property falls within a controlled parking zone or local authority parking scheme.
Other charges
Whether the seller has to pay any charges relating to the property, excluding utility bills etc, for example, payments to a management company.
Occupiers
Whether the seller lives at the property, and whether anyone else, aged 17 or over, lives at the property, providing their full names and status, for example, as a tenant or lodger
Whether the property is due to be sold with vacant possession, where all occupiers aged 17 or over must agree to leave prior to completion and sign the sale contract.
Services
Whether the whole or any part of the electrical installation has been tested by a qualified and registered electrician, with the year it was tested, and whether the property has been rewired or had any other electrical installation work carried out since 1 January 2005.
Central heating
Whether the property benefits from a central heating system, what type, when this system was installed, whether this is in good working order and when it was last serviced.
Drainage and sewerage
Whether the property is connected to mains foul water drainage and surface water drainage, or whether sewerage is provided by a septic tank, sewage treatment plant or a cesspool
When any septic tank was replaced or upgraded, or any sewage treatment plant serviced
Whether use of the septic tank, sewage treatment plant or cesspool is shared with other properties and, if so, how many share the system
When the system was installed and last emptied
Whether any part of the septic tank, sewage treatment plant or cesspool, or the access to it, falls outside the boundary of the property.
Connection to utilities and services
Which utilities and services are connected to the property, including mains electricity, mains gas, mains water, main sewerage, telephone and cable, giving details of any providers.
Transaction information
Whether the sale is dependent on the seller completing the purchase of another property on the same day and if they have any special requirements about a moving date, with details
Whether the sale price will be sufficient to repay all mortgages and charges on the property
Whether the seller will ensure that all rubbish is removed from the property, and that it will be left clean and tidy
Whether the seller will ensure that light fittings will be replaced with a ceiling rose, flex, bulb holder and bulb where existing light fittings are removed, and whether they will ensure that reasonable care will be taken when removing all fittings and contents
Whether the seller will ensure that window and door keys, and details of any alarm codes, will be left for the buyer at the property or with the estate agent.
Form TA6 supporting documents
When completing the Property Information Form, the seller is instructed to give their solicitor any letters, agreements or other paperwork which will help answer the questions asked. There are also a number of specific enquiries within Form TA6 that require the seller, where available, to provide documentation in support.
This documentation includes:
a) a drawn plan if the boundaries to the property are irregular
b) a copy of any notice received under the Party Wall etc. Act 1996 in respect of any shared boundary, with a copy and details of any works carried out or agreed
c) copies of any planning permissions, Building Regulations approvals and completion certificates if building works have been undertaken during the seller’s ownership
d) documentation relating to the property being listed or in a conservation area
e) documentation relating to any Tree Preservation Orders and compliance with any order
f) any guarantees or warranties relating to the property
g) any Flood Risk Report prepared in relation to the property
h) any Radon test report in relation to the property
i) the EPC certificate and any documentation relating to installations in the property financed under the Green Deal scheme, plus a copy of the last electricity bill
documentation relating to any agreement or arrangement about drains, pipes and/or wires
j) a copy of any test certificate undertaken by a qualified and registered electrician, and copies of certificates relating to any rewire or electrical installation works
k) a plan showing the location of any septic tank, sewage treatment plant or cesspool, and
l) a plan showing the location of the system and how access is obtained where any part of the system falls outside the boundary of the property.
Author
Gill Laing is a qualified Legal Researcher & Analyst with niche specialisms in Law, Tax, Human Resources, Immigration & Employment Law.
Gill is a Multiple Business Owner and the Managing Director of Prof Services - a Marketing Agency for the Professional Services Sector.
