Find out what you need to be careful about, while filling out the TA6 form as a seller, and everything you need to be looking for in this form, if you are the buyer.
What is the TA6 form?
The TA6 property form is meant to provide important information by the seller for the buyer of a property. This information may be about any boundary disputes, environmental issues, and planning permissions (discussed in detail below).
Transaction (TA) forms are used in residential or commercial property sales. The TA6 is a must when you are selling a residential or business property in England or Wales.
The TA6 form is known for its thoroughness. It is intended to provide potential buyers with transparent insights into the property. Sellers answer a series of questions, revealing any issues or factors that might affect a buyer's decision.
The TA6 form aims to reduce the risk of misunderstandings or disputes later in the conveyancing process. By having all relevant details upfront, buyers can make well-informed decisions about their potential new home.
The Law Society, the professional body representing solicitors in England and Wales introduced the TA6 property information form. Their aim was simple: to standardise the information relayed to those buying a property and ensure transparency in property transactions. Their website, a hub of expert knowledge in property law, hosts the form for public access (TA forms for business and residential property sales).
Why is the TA6 form required?
How the TA6 helps your conveyancer
Conveyancers request the TA6 seller property information form as it provides an initial layer of details before going into local authority searches.
Local authority searches uncover potential problems that might impact a property's value or future developments. They look at various things, including planning permissions, building regulations, and road schemes.
If a seller, for example, discloses on the TA6 form that there were previous disputes about a shared driveway, a conveyancer might then look more closely into related local authority records.
You cannot have expert knowledge of legal or technical matters. You can fill out the form yourself, but using a professional can significantly reduce risks, potentially saving you time and money in the long run.
How the TA6 helps sellers and buyers
A seller gives full transparency via a TA6 form, which in turn provides a smoother property transaction. For a buyer, having this information means fewer surprises down the line.
Consider a scenario where a property has solar panels installed. The TA6 form will capture details about these panels, ensuring buyers are aware of potential benefits or any associated leasehold information.
TA6 form: a legally binding document
The TA6 form isn't just a mere piece of paper; it's intertwined with the UK's Misrepresentation Act. This means that any inaccuracies on the form, especially if they mislead a prospective buyer, can lead to legal consequences.
While it's the seller's responsibility to ensure accuracy, as a buyer, awareness of this legal facet adds an extra layer of assurance to your property purchase.
How to accurately complete the TA6 form
Common mistakes
Avoid guessing: if you're uncertain about any information, verify it first. A shot in the dark can mislead those interested in buying.
Avoid omitting details: leaving gaps can cause delays. Potential buyers might ask for clarifications or, worse, rethink their decision.
Don't overlook supporting documentation: when you are buying a property, you value evidence. If you mention a detail, be ready to show documentation to back it up.
Always proofread before submitting: any errors or inconsistencies might put interested parties on guard.
Supporting documents
FENSA certificates: a FENSA (Fenestration Self-Assessment Scheme) certificate provides confidence that the installer who installed your windows or doors has adhered to the Building Regulations. It indicates that your installations have been officially registered with the Local Council.
NHBC certificates: the NHBC (National House Building Council) warranty serves as an assurance for new-build properties, encompassing all recently constructed homes. It covers structural problems and flaws in the property. This certificate gives peace of mind that the new-build home meets certain standards.
Electrical certificates: after any electrical work is carried out, these certificates are a testament to the safety and compliance of the work.
Other guarantees: for recent works or services, any other certificates that you can supply that vouch for the quality and longevity of the job, will be beneficial for the buyer.
The more documentation you can provide, the better. Potential buyers appreciate transparency and it can expedite the work of your conveyancer.
Key sections of the TA6 form
Boundaries
A clear definition of boundaries prevents future disputes. To demarcate the property:
Use clear references: cite landmarks or physical structures like walls or fences.
Specify any changes: if you've altered boundaries after purchasing, mention these and provide reasons.
Shared boundaries and access rights
Shared driveways and paths can sometimes lead to confusion. When detailing shared boundaries:
Describe the arrangement: if for instance, you share a driveway, explain how it works and how exactly the parking works.
Mention any informal arrangements: while not legally binding, these can offer insight into daily life.
(Here's more detailed information on the UK government's guidelines about property boundaries.)
Disputes and complaints
Buyers should be aware of past or current disputes. Transparency is important. Disclose any:
Neighbour complaints: these could be about noise, pets, or even tree branches.
Formal disputes: mention any that have been resolved or are ongoing.
Boundary disputes: The seller is legally bound to disclose disputes of property boundaries.
Notices, proposals, and local council decisions
Any prior engagements with the local council should be declared. Include:
Previous planning permissions: even if they were declined or not acted upon.
Current proposals: especially if they might affect the property's future value or a buyer's decision to purchase.
Alterations, planning permissions, and building control
Any building work on the property should be documented comprehensively. Make sure to:
Describe the work: From major renovations to minor changes.
Provide evidence of permissions: This includes planning permission and adherence to building regulations.
Planning permissions that occurred prior to ownership: all planning decisions, including those made by previous owners, should be documented. Buyers might want to see these for potential renovations or extensions.
Insurance and potential risks
While no one likes to dwell on what might go wrong, potential buyers will appreciate foresight. Discuss:
Previous insurance claims: looking at any such claims will give insight into potential risks that may arise after you have purchased the property.
Active insurance: this is important, especially for potential risks like flooding.
Environmental matters
Flood risk: cite any previous flooding and protective measures in place.
Radon gas: mention any tests done and their results.
Japanese knotweed: this invasive plant can affect property value. Declare its presence or previous treatments.
Septic tank: the TA6 form requires a “yes” or “no” answer about both septic tanks and cesspools. The seller should disclose whether there is a septic tank, sewage treatment plant, or a cesspool, whether it is shared with other properties, and if yes, then how many. The buyer has a right to know the details of how often the septic tank is emptied and at what cost. A record of the waste disposal and its cost must be provided.
EPC: an Energy Performance Certificate (EPC) assesses the energy efficiency of a property, ranging from A (most efficient) to G (least efficient). It is a requirement when a property is constructed or listed for sale. To what degree a property is energy efficient is essential information.
Advice for buyers
As a buyer, your attention should naturally gravitate towards:
Environmental matters: grasp any environmental challenges, from flood risk to the unwelcome appearance of Japanese knotweed. Check if the property is on a septic tank or main sewage. (Your conveyancer will carry out a more detailed environmental search as well.)
Occupiers: find out if the property comes with vacant possession, or if there are tenants you should be aware of.
Services: familiarise yourself with the providers of services such as central heating or solar panels.
Legal and technical matters: study any informal agreements carefully. Also, watch out for charges affecting the property, especially ground rent or service charges.
Mortgage details: the transaction information might give insight into whether there are ties to mortgage lending that might influence the sale's pace or structure.
Next steps
Once the TA6 property information form has been filled out, sent off, and landed in the hands of the prospective buyer, a few additional steps tie the conveyancing process together. These are determined by whether you're selling or buying.
For sellers
Upon completing the TA6 form, sellers should promptly communicate with their estate agent and conveyancing solicitor.
While a seller may think that they can manage the sale themselves, employing professionals can often save time, minimise risks and reduce costs. Your solicitor will ensure all the information on the form aligns with the supporting documents.
For buyers
Receiving the TA6 form is like getting an informative snapshot of your potential new home.
If there are gaps, questions, or concerns, don't hesitate to reach out directly to the seller or, better yet, their conveyancing solicitor.
It's also wise to cross-reference details provided in the form with your own research or surveys. This due diligence ensures you're making a well-informed purchase, and could spare you from unforeseen challenges in the future.
In conclusion...
Here are key takeaways:
The TA6 form passes on the intricate details of a property from seller to buyer.
It acts as a precursor, highlighting areas for further scrutiny in the property.
Have all documentation ready for the interested parties. Potential buyers place weight on concrete evidence such as guarantee certificates.
The TA6 property information form is a legally binding document, therefore, it is important to pay close attention to its details and supply the correct information.
Remember, you might feel adept at handling the form, but employing a professional can alleviate risks. (If you want to know more about how to choose a conveyancing solicitor, find it here.)