How To Get A TA 6 Form
If you’re working to sell your home, you’re probably already familiar with the fact that you’ll be required to provide an extensive amount of information in the coming days and weeks. Selling a home means disclosing almost everything about your home and property to anyone interested in buying it, and it also means a veritable alphabet soup of protocol forms conveyancing will require – the TA6, the TA7 form, the TA10 form, FENSAs, EPCs – it seems to never end at times. Maybe the most daunting of these forms, though, is the TA6 form. A quick search will help you find property information from the TA6 pdf download. Understanding what the TA6 property information form is and how it might affect your sale is nothing short of a must.
What is a TA 6 Form?
The full name of this form is the Law Society Property Information Form, but it’s more commonly just called the TA6. The seller fills out this form any time he or she is selling a house or a flat, and the overall goal is to make sure that the buyer has any potentially necessary information about the property itself. There are lots of other forms to fill out when you sell a property, but this property information form is fairly comprehensive, so it’s one space where you can expect to spend quite a bit of time as you begin the paperwork to sell your home or flat. You can find a copy of it any place online that advertises a TA6 form download for 2022.
A Quick Guide to the TA 6 Form for Sellers
Both buyers and sellers need to be familiar with the TA6 form, but they need to be familiar with it in different ways. Generally, sellers need a far deeper understanding of this form than buyers do, as they are legally responsible for completing the form correctly.
What Information Does a Property Information Form TA 6 Form Require?
The property information form itself requires fourteen different subjects, and there are several questions within each subject that a seller must answer. Be as honest as possible, as you don’t want anyone to claim the seller lied on a property information form.
1. Property Boundaries: The first subject within which you’ll be expected to answer questions deals with the boundaries of a property. Often the location of the boundaries can create quite a bit of dispute among neighbours, and the section on the TA6 tries to show not only what the boundaries of a given property are, but the party responsible for the maintenance of those boundaries. Keep in mind that boundary features are anything physical that separates one property from another. They can be natural boundaries like hedges or those made by individuals like fences. Often the responsible party for maintaining those boundaries isn’t part of the title deed, which is what makes spelling it out on the TA6 so important.
The question also asks the seller to provide a written description of the ownership of any irregular boundaries on the property or a plan that marks those boundaries. That is particularly important if land registry forms aren’t very clear about this.
Additionally, the TA6 requires the seller to mention whether property boundaries have been moved while he or she owned the property, what happened if the property boundary was moved, and information about when that change was made. Any property features that infringe on the boundary must also be noted. This could include projecting signs or something as simple as a canopy. Any notices of infringement or notices that fall under the Party Wall Act of 1996 must be turned over with the TA6 form as well.
2. Disputes and Complaints: Many people have problems with those in their neighbourhood, and this section works to identify those disputes, their causes, and any actions that have been taken to resolve the matter. This section also notes information about potential problems that could crop up for a possible buyer in the future. What is classed as a dispute with neighbours? It’s important to note that what comprises a dispute is a bit open to interpretation at this point. If you have ever made a complaint to the council about your neighbours, though, or they have made a complaint about you, you must disclose that on this form.
3. Notices and Proposals: The goal of this section is to let the potential buyer know about anything that might affect the property in the form of a notice or a proposal. Some of this information can be obtained through the local authority, but if you have information about your property that hasn’t yet been filed with an authority, it is important to disclose it here. To complete this section, you must provide copies of any communication from the government, local authority, or even neighbours that could affect your property. You must also offer any details of things that could change the nearby land or buildings, like proposals to develop those. For example, imagine just a few months ago you got a notice that said a developer was planning to add a large, mixed-use development to the empty lot behind you. You would need to note that for the new buyer.
4. Alterations, Planning, and Building Control: The TA6 requires you to note any spaces where changes have been made to the property as well as the fact that those changes had the required consent at the time of the change. For example, if you added a sunroom to your property, that must be noted, and the permits for that change must be attached to the TA6. If the work was self-certified by someone involved in the Competent Persons Scheme, you must add their certification to the documentation. If you do not have planning permission or Building Regulations approval because it wasn’t needed or issued, you must explain that on the form. You’ll also need to note any unfinished building work.
Solar panels are a special situation under this question. On question 4.6, you’ll be asked whether solar panels have been installed. If they have, you’ll need to note whether they’re owned or leased. You’ll also need to note whether a lease of the air space has been granted.
Question four is also where you’ll note whether your building is a listed building. Those have special historical interests, and if a property is listed, a specialised building consent is required if a potential buyer would ever want to make any changes to that property. What’s more, though, is that enforcement action regarding previous changes to the property can be taken at any point with a listed building, so potential buyers may have to deal with that as well. If the building is in a conservation area, the requirements for planning and permission are similar to listed buildings, so that must be noted as well. Additionally, Tree Preservation Orders (or TPOs) must be noted. If any work was done to a site with TPOs in place, the seller must supply copies of local authority permissions about the TPO.
5. Guarantees and Warranties: Any guarantees or warranties related to the property should be listed on this question. The seller must provide any paperwork related to these two items to the buyer, and it is the buyer’s job to carefully check the terms and conditions. In some cases, not all benefits transfer to a new buyer, and some only transfer if a fee is paid. The potential buyer is responsible for learning more about all of these possibilities. The seller must also note any details of claims under guarantees or warranties on the property.
6. Insurance: This section works to tell potential buyers more about insurance that currently exists for the property. In the event the seller has not insured the property, that must be explained. If the property is flat, the seller has to tell whether the landlord has an insurance policy on the building. Any claims against an insurance policy will have to be noted in this section as well.
7. Environmental Matters: The goal of this section is to help a buyer understand any environmental problems the home has experienced or might experience in the future. The first question of this section deals with flooding. If the property has ever been affected by flooding, the seller has to tell which parts of the property were affected and when it happened. They must also state whether it was surface water, groundwater, a nearby river, coastal flooding, or sewer flooding. Additionally, the seller must tell whether a flood risk report has been prepared on the property. If it has, the seller has to add a copy of that report to the documentation.
The next questions within this section deal with radon. Radon is an inert gas that occurs naturally, but some areas are more affected than others, and high radon levels on a property can be dangerous. If the home is in a designated Radon Affected Area, that must be noted on the TA6 form. The sellers must note whether the property has been previously tested and the results of that testing. If simple remedial measures have been applied (like gas-resistant membranes across the property), that must be noted as well.
This section of the seller’s property information form also deals with Energy Performance Certificates (or EPCs). They must be provided to buyers any time a property is sold. EPCs rate the property’s efficiency level. “A” is the most efficient level a property can achieve. G is the least efficient. EPCs are only valid for 10 years, and they must be supplied with the TA6 form.
Green Deal works must also be listed in this question. The goal of the Green Deal was to help homeowners increase their homes’ efficiency rates, and often some measures – like cavity wall insulation – could be paid for through an electricity bill. Buyers who purchase a property with Green Deal improvements also must repay those costs, so it’s important to provide related documentation on those upgrades.
Japanese Knotweed is also part of this section, and buyers must tell whether the property has previously had a problem or whether the status is unknown. We’ll talk a bit more about that in the next section, as it’s a fairly new addition to the form.
8. Rights and Informal Arrangements: Any shared uses spaces on the property must also be noted on the TA6 form. This might include leases to mines and minerals, chancel repair, or others. These arrangements could have been subjected to a formal contract, but they may also be informal agreements between property owners. The seller has to provide the details of any of those, including the obligation of a contribution toward the cost of joint services, any rights or arrangements he or she has over the neighbouring property like the use of a road or footpath, and information about the rights of access. In the event any steps were taken to prevent others from accessing the property or complaints were made about property access were made, the seller must detail the action taken and the reason access was denied.
9. Parking: Parking arrangements for any property can be complex, and this part of the form helps a potential buyer better understand what those look like. Often an estate agent will help detail the parking facilities, but that’s not always the case, and when they are not obvious from a quick inspection, placing the information in a TA6 form is a must. Sellers could explain that there is a garage or a carport. They could also talk about access to a driveway. If there is an allocated car parking space, that could be noted, as could on-street parking.
Additionally, if a license or a permit is required to park at the property, that must be stated as well. In some cases, a property is located in a controlled Parking Zone (or CPZ), which is a space where there are parking restrictions at a certain time. The seller must note this on the TA6. The same is true for local authority parking schemes.
10. Other Charges: Many homeowners make additional payments to property management companies and the like that a potential homeowner must know about before they buy the home, and this section helps to make that known. The seller must provide any details of charges, including the cost and frequency of those charges. If the property is a leasehold, the seller has to note what lease expenses – like service charges and ground rent – are included with those fees. If it is a leasehold, a TA7 leasehold information form will also have to be completed.
11. Occupiers: This section primarily relates to those who are buying a property to let others. It tells a potential buyer more about the rights and occupiers who currently live on the property already have. The seller has to, first, specify whether or not there are individuals who currently live at the property, then tell whether anyone else over the age of 17 lives there and who is currently a tenant or lodger. If the property already has tenancy, it must be terminated by appropriate notice, so that needs to be included. Additionally, the seller has to tell whether the property will be vacant upon completion. Those who already live at the property have to sign the sale contract to confirm that they will leave, and if they do not, they may have a right to live there afterwards.
12. Services: The seller has to tell whether the electrical installation at the property has been tested by an electrician who is both qualified and registered. Additionally, the documentation surrounding that test must be provided. Any electrical work that has been done must be noted, and Buildings Regulation Compliance Certification must be provided.
Also, the seller must tell whether the property is centrally heated, as well as the type of fuel that the system uses whether it’s gas, electrical, oil-based, or even coal. If a replacement boiler has been installed, a completion certificate must be provided. Any heating systems inspections must also be included. This section also covers the water drainage systems in the home. Septic tanks must be noted, as most other types of sewage treatment. Additionally, the seller must state if a septic tank or other sewage treatment option is on-site and whether it is shared with other properties. Any drainage systems that have been recently installed or serviced must have accompanying certifications, too.
13. Connection to Utilities and Services: The potential buyer must also learn more about who supplies the utilities and other services to the property. The seller must tell more about the name of each provider, and where the meter is (if applicable). Additionally, if there are special moving date requirements for the potential buyer, that should be noted as well.
14. Transaction Information: This section helps a potential buyer learn more about the sale of the property. A potential buyer must tell whether or not the property is part of a chain (where the seller is working to buy a new property at the same time), and any special requirements that must happen on a moving day. It is also important to note whether the selling amount is enough to pay off the outstanding mortgage.
Some Recent TA 6 Form Updates
In recent years, the TA6 form has changed a bit, asking even more questions than it once did. Those changes were in response to the regulations around information buyers today feel is more pertinent than ever. Four changes were made to the form including Japanese Knotweed, flood risk, radon presence, and septic tank presence.
While Japanese Knotweed might seem like an odd thing to ask about on the form, it is present for good reason. Many believed that because Japanese Knotweed is such a seriously invasive species, buyers must know whether it is present on the property. After all, this is no ordinary plant. Instead, a single root can quickly turn into an entirely new plant, and it’s strong enough to crack your concrete, damage your home, and even damage the road in front of your home. There are laws to prevent Japanese Knotweed from spreading. Real estate experts have suggested that the presence of the plant alone can damage your property’s value by up to 20%.
Property owners are asked to highlight whether they’re aware of a Japanese Knotweed problem on their property. If they’re unsure, there’s now a box to check for that too. If they are aware of a problem, they must highlight any treatment plan that is currently in place. The Law Society also changed the form to eliminate the word “eradicated” after having dealt with a Japanese Knotweed problem to “Managing Regrowth” because of the difficulty level in truly eradicating the problem.
A Few Things to Remember About Completing the TA 6 Form
There are several things to consider if you’re completing a TA6 form for potential buyers. First, it’s important to note that this is a key legal document. Buyers rely on the information it contains to decide whether or not they want to buy your property. Omission or delay in completing the form or even part of the form may impact your sale as a whole, so it’s best to start working on this form as soon as you get ready to sell. If you don’t know the answer to a given question, you must be honest about that. You’ll want to complete the form to the best of your knowledge and be as accurate as possible. If, after you have completed the form, you become aware of information that somehow alters a reply you put in the form, you’ll need to contact your solicitor immediately to make those changes. Be sure, too, that you include any letters, agreements, or any other paperwork that may help a potential buyer answer any questions he or she has about your responses on the form. Those can be handed to your solicitor, and they can hand them off to the buyer should it become necessary.
Can You Sell Without A TA 6 Form?
Many homeowners try to avoid filling out the TA6 form for several reasons. It’s long and complicated. It can require a lot of documentation. Moreover, your answers on the form may put some buyers off from purchasing the home. It’s not compulsory to complete the TA6 form, but if you talk to your estate agent or your conveyancing solicitor, you’re likely to get an earful if you suggest that you’re not going to complete the form. The reason is that if you don’t, you may be raising far more concerns among potential buyers than you were if you didn’t complete the form. Some may believe that you’re hiding big potential problems with the property, and that could mean that you don’t have the opportunity to complete the sale as you’d hoped or it can significantly slow things down as you try to complete the sale of your home. If you choose not to complete the form, most buyers will want additional surveys or even expert opinions to see if they can uncover what might be so wrong with the property that you don’t want to complete all of the forms most sellers are willing to hand over to potential buyers.
Understanding the TA 6 Form for Buyers
The TA6 form may be a frustration for the seller, but it’s an invaluable resource for the buyer. As a buyer, you’re likely to learn many things through this form, and it can help you decide whether or not you want to go through with the purchase of the house.
What You Need to Know About the TA 6 Form
If the seller gives you any information about the property that isn’t on the TA6 form, you should let your conveyancing solicitor know right away. Whether it’s in writing or in a chat the two of you had while you were looking at the property, you’ll want to let your solicitor know so that they can include it in the notes on your file. Should that information later become important, you can refer back to that documentation.
It’s equally important to note, though, that this form isn’t a substitute for researching the property. You should still have a survey and any inspections you want before you make a purchase. The seller can only tell you what they know about the property, and they may not have a lot of technical knowledge about the property or its boundaries, so relying on experts can help you better understand what you may face as you buy the property.
Is the TA 6 Sellers Property Information Form Reliable?
The property’s contract of sale will confirm that you can only trust the information that has been given to you in writing from the buyer – which essentially amounts to the TA6 form. You are buying the property subject to what has been disclosed to you, and if the seller could not reasonably know about a potential problem, you are still stuck with the property. It can be incredibly helpful, and you should trust this information, but you should also have a survey and any other enquiries that you wish to do so that you know how trustworthy the seller is and whether this is the property that will meet your needs. You may only sue the seller if they fail to disclose information they knew or they should have known. For example, if they fail to disclose a disputed boundary, damp, or even flooding issues, you can make a claim under the Misrepresentation Act, which may help you recover some damages.
The Bottom Line
The TA6 form may prove a frustrating experience for sellers, but it’s such a great resource for buyers that it’s not likely to go away shortly. Instead, it’s only going to experience lots of new amendments so buyers can know as much as possible about what they’re seeing when they view a potential home in which they’re interested. If you’re ready to get started, you can look online to find a TA6 form download. 2021 forms are readily available, though, so be sure you get the right year! Just don’t forget to also download the Law Society fittings and contents form and any other information you need, too.