TA6 Form Explained: Navigating The Heart Of UK Property Disclosures

When selling a home in England or Wales, the TA6 property information form underpins the transaction. This seller disclosure document allows buyers to make fully informed decisions. For vendors, accurately completing the TA6 avoids comebacks for failing to declare issues upfront. Understanding this vital form’s role in sales smooth conveyancing.

What is the TA6 Property Information Form?

The TA6 form, previously known as the TA10, is a document sellers must complete disclosing key details about the property being sold. It contains

• Boundaries and rights of way
• Planning restrictions
• Structural issues and defects
• Disputes with neighbours
• Major works conducted
• Guarantees and warranties held

Legally the TA6 must be completed accurately by the seller to the best of their knowledge. This informs buyers before finalising transactions.

Why is the TA6 Form Important?

The TA6 holds pivotal importance for several reasons

• It provides buyers with material information affecting decisions to proceed with purchases.
• It enables buyers to make informed offers factoring in any issues revealed.
• It contractually binds sellers to disclose property conditions honestly.
• It protects sellers against future claims they hid defects only discovered after completion.
• It documents the property’s status at the point of sale as a permanent record.

The TA6 form underpins trust in the property sales process for both buyers and sellers.

What Sections Feature in the TA6 Form?

While formats can vary slightly, core sections found in a TA6 form include

1. Boundaries

• Wall and fence ownership clarifications
• Rights of way over property

2. Notices

• Planning notices, enforcement actions or consent

3. Guarantees and Warranties

• Structural defect insurance or warranties held

4. Major Works

• Major alterations conducted recently

5. Disputes and Complaints

• Issues with neighbours or breaches of planning

6. Additional Information

• Clarifications deemed relevant by the seller

Full, honest responses protect both buyers and sellers during transactions.

Who Completes the TA6 Form?

• The sellers of the property are responsible for completing and signing the TA6 document.
• Typically the estate agent provides the blank template TA6 to the sellers once a sale is agreed upon.
• Sellers then thoroughly complete the various sections to disclose required property details.
• The buyer’s conveyancer will review the completed TA6 as part of due diligence before the exchange of contracts.
• If any concerns arise, the buyers can renegotiate based on TA6 contents.
• The signed TA6 forms part of the final legal contracts pack exchanged during completion.

While agents supply the TA6, sellers must honestly take responsibility for answers given regarding their property’s condition.

When Should the TA6 Form be Completed?

The TA6 should be completed by the seller as early in the sales process as possible

• Ideally when first placing the property on the market before offers are received.
• After accepting an offer and agreeing on a sale in principle.
• When the buyer’s conveyancer requests the TA6 as part of initial due diligence.
• Before draft contracts are prepared for exchange. This allows the incorporation of TA6 contents within contracts.
• Sufficiently ahead of the exchange of contracts to allow buyers to consider the information disclosed.

Early completion allows more time for buyers to investigate issues disclosed on the TA6 before commitment.

What Are the Penalties for Inaccurate or Incomplete TA6 Forms?

Sellers are legally obligated to complete the TA6 fully, honestly and accurately. Penalties for failing to disclose material facts include

• The buyer can nullify the contract before exchange without penalty.
• The buyer may be able to claim damages from the seller if issues only come to light post-completion.
• The buyer’s lender may be able to claim compensation if undisclosed facts invalidate their valuation.
• Future buyers may be able to bring claims if they rely on inaccurate information repeated from a previous TA6.
• Trading Standards may prosecute in cases of deliberately false TA6 statements.

The TA6 is a legally binding document forming a key part of the sale contract. Full transparency is essential.

Does the TA6 Provide Any Seller Protection?

As well as informing buyers, the TA6 also protects sellers from certain liabilities

• It records the property condition at the point of sale.
• This provides evidence against future claims problems that existed that went undeclared.
• Statements within the TA6 clarify which elements are the buyers’ responsibility. For example, boundaries they will now own and maintain.
• It outlines guarantees and warranties transferred to the buyer upon sale.
• Unless asked, sellers are not obliged to have professional surveys done that may unearth issues.

While requiring full disclosure, the TA6 also evidences facts were declared transparently at the time of the transaction.

Using Search Tools to Complete the TA6 Accurately

Various free online resources help sellers thoroughly complete the TA6

• Google Maps and Street View – Can indicate boundaries and access rights even remotely.
• Planning portals – Details of local permissions, applications and enforcement actions.
• Flood risk tools – Assess if prone to groundwater or river flooding.
• Home insurance quotes – Reveal if insurers highlight any defects or vulnerabilities.
• Land Registry – For boundary maps and identifying any rights or restrictions registered.
• Asking price estimates – Can indicate major works impacting valuation.

Utilising these tools prevents omitting important information due to being unaware.

What Sections Hold Significant Risks for Sellers?

Certain areas of the TA6 warrant careful attention to detail

• Boundaries – Inaccuracies around boundary ownership open sellers to potential disputes. Check Land Registry filed plans if unsure.
• Guarantees – Not listing structural defect guarantees could require paying for their renewal.
• Planning – Failure to disclose known planning breaches or disputes can invalidate sales.
• Major works – Any alterations undertaken without consent being obtained could lead to enforcement actions.
• Neighbours – Omitting disputes raises accusations of hiding material facts.

For sections with particular risk implications, extra diligence checking records provides protection.

What Could Invalidate Home Insurance for Buyers?

If sellers fail to disclose issues on the TA6 that pose risks, the buyer may struggle to secure adequate building insurance after completion. Non-disclosures that could invalidate future insurance include

• Flooding risks if in an unlisted flood zone. Most insurers will not offer cover.
• Subsidence damage or repairs history. Could make policies voidable.
• Flat roof defects or age over 15 years. Insurers will exclude cover.
• Non-standard construction materials like thatch or earth walls. Limited insurers offer cover.
• Fire risks like outdated electrics or lack of smoke detectors. Restricts cover.
• Previous major fire, storm or flood damage. Raises premiums significantly.

Full TA6 disclosures allow buyers to accurately assess risks and secure suitable insurance coverage.

Key Takeaways Around the TA6 Seller’s Property Form

• The TA6 provides vital insights into factors influencing buyers’ transaction decisions.
• Sellers are legally responsible for completing the TA6 fully accurately and honestly.
• It should be provided early once a sale is initially agreed.
• Tools like online planning portals help identify matters to disclose.
• Particularly risky areas include boundaries, guarantees, alterations and neighbour disputes.
• Material non-disclosures can nullify sales or create liabilities for sellers.
• While imposing disclosure obligations, the TA6 also provides sellers with legal protections if disputes later arise.

The importance of truthful TA6 completion during conveyancing cannot be understated for protecting all parties.

In Summary

The TA6 property information form lies at the heart of English and Welsh home sales by ensuring buyers enter into transactions with their eyes fully open. While requiring sellers to declare any material facts that may influence decisions to proceed, honestly completed TA6s also offer protection against future claims of concealment. Taking time to thoroughly research and provide responses not just on the property itself but also on surrounding factors gives buyers confidence in their acquisition. Maintaining transparency around physical structures and legal liabilities prevents future disputes or disappointments. So alongside hire purchase contracts, the trusted TA6 documentation helps cement the foundations of property deals.