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If you’re selling a property you’ll need to complete a TA6 form. We explain everything you need to know from what you need to include to why getting it wrong could cost you a fortune.
The TA6 Property Information Form is completed by you when you’re selling your house or flat. It’s designed to give the buyer important information on the property.
If you’re selling a property, you will also fill in the TA10 Fittings & Contents form, which states what is included and excluded within the sale of the property. And if the property is leasehold, you will complete the TA7 Leasehold Information Form too.
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The TA6 form covers a wide range of subjects with questions to be answered by the seller. These are:
It’s not surprising that the first question you’ll be asked on the TA6 form is about the boundary of the property and land you are selling. Boundaries can be a cause of arguments between neighbours so it’s important to be clear from the start.
As the Law Society rightly points out, issues arising from boundaries can be complex and if necessary, you should seek specialist legal advice. For further advice on boundaries see the government site on property boundaries and our guide Boundary wall rules: which fence is mine?
Have you had a feud with a neighbour? Then you may need to disclose it in this section of the TA6 form which asks for information about any existing disputes or complaints. It could include the cause of the dispute, such as noisy neighbours, and any action taken to resolve matters.
You’ll also be asked to provide information about disputes that have occurred in the past, and anything that could lead to a dispute in the future.
What constitutes a dispute is left open to interpretation. But if you have made a complaint to the council or another authority about the behaviour of your neighbours, or if you have contacted them directly in writing, then you should declare this.
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This section of the TA6 form sets out to give buyers information about any notices or proposals that may affect the property. As a seller, you should provide copies of any letters or communication from neighbours or the local authority which might affect the property.
If you’ve made changes to the property, in this section of the TA6 form you’ll be asked to show the works have the proper consents and approvals.
Sellers should also give details of any building or alteration work that doesn’t have the necessary consents and permissions. Plus, you’ll need to give details of all unfinished building and alteration work. Read our guide on selling without building regulation approval.
Solar panels are covered in this section; you’ll be asked if they’re owned outright or leased. This is because whether the panels are owned or leased, or if a lease of the air space has been granted, it may have an impact on mortgage lending. While in most cases this won’t present problems, it is something you should be aware of. Get fee-free mortgage advice from our partners at L&C. Start online or give them a call today
You’ll also be asked if the property is a listed building, in a conservation area and whether any trees overhanging the property are subject to a tree preservation order.
KEY INFORMATION
In this section of the TA6 form, sellers must provide information about any warranties or guarantees that relate to the property.
Such as:
Other questions in this section include whether or not any claims have been made under a guarantee or warranty that relates to the property.
Sellers should look through any documents you received when buying the property for information on guarantees and warranties. For example from the original conveyancing pack from your solicitor and receipts or certificates for work (for example, new windows, damp proofing or boiler installation)
You can also ask the company or tradesperson who carried out any work. They may have more information about warranties, including whether they’re transferable to a new owner.
However, if you’re unsure about a guarantee or warranty, contact your solicitor. They can help you understand whether a guarantee is still valid and relevant.
KEY INFORMATION
As a seller, if the property is seriously damaged between exchange and completion, your buyer’s mortgage lender might not release the funds needed to complete the purchase which could cause the sale to fall through. To reduce this risk, you should keep your buildings insurance in place until completion.
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This section of the TA6 form provides information on environmental matters affecting the property, including:
You’ll also be asked about any Green Deal works that have been made to the property. And questions about whether the property is affected by radon.
As a buyer, you should consider the risk of the property being affected by flooding as it may affect your ability to obtain buildings insurance and a mortgage on the property. See more information in our guide on Buying a home in a flood zone.
When you’re selling you’ll be asked in the TA6 form about any access rights or shared use.
Are there any public rights affecting your property, for example, can part of your property be used by members of the public for ‘access’? And does your property have rights over a neighbouring property such as rights of access or use of a shared driveway? You’ll also be asked if your property benefits from any rights such as rights to light.
While an ‘arrangement’ is more of an informal or practical agreement between property owners or occupiers. While not legally binding in the same way as a right, but it can still carry weight – especially if it’s long-standing or documented.
For example, an arrangement may be a neighbour allowing occasional use of their garden path.
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This section of the TA6 form addresses services supplied to the property including electricity, central heating and drainage/ sewerage.
You’ll state here if any of these services have been tested or upgraded. And you’ll be asked to provide any relevant certificates.
You’ll give the details of who is currently supplying utilities and services to the property and give the location of the meter where applicable. See our guide on how to take over utilities when you move house.
This TA6 form section deals with a number of queries that affect the sale but don’t relate to the property. Such as whether the seller is buying another property at the same time and if the seller has any special requirements about a moving date.
You’ll need to say who lives at the property and whether you are selling with vacant posession. This means it will have no one living there when the new owner moves in.
Sellers will be asked a number of questions around completion including will the sale price be sufficient to pay off all mortgages and charges secured on the property on completion and whether or not the seller agrees to leave the property in a clean and tidy condition.
Important information for buyers:
If the seller has agreed to remove any fittings before completion, they won’t have to fix any damage caused unless it has been agreed in advance what will be repaired or replaced, and this is written into the contract.
As a buyer, you should speak to your solicitor if you are unsure.
The TA6 form is an important document and buyers rely on the information contained within when deciding on whether to buy a house.
While completing a TA6 form isn’t mandatory, omissions or delay in providing some information may delay the sale. As you’re trying to sell your home, you’ll no doubt want to get a move on, so filling in the form as thoroughly as possible will get your sale off to a good start.
The form includes ‘instructions to sellers’ that state you should:
And you should not exclude information that you know should be included.
But you’re not expected to have expert knowledge of legal or technical matters, or matters that occurred prior to your ownership of the property.
Find out more about selling your house by reading our step by step guide to selling
The TA6 form includes notes to the buyer too:
When completing the TA6 form it’s advisable to provide all the documents you have relating to the property but some of the key ones are:
See our guide for more advice on what documents you need when you are selling your house.
After you’ve filled in your TA6 from, along with your TA10 Fittings & Contents form and TA7 Leasehold Information Form if applicable, your conveyancing solicitor will pass these to your buyer’s conveyancing solicitor.
The buyer and their conveyancing solicitor will then examine the forms. And depending on what is – or isn’t – included in the forms, the buyer’s conveyancing solicitor may raise further enquiries. It’s important to fill in the forms and respond to any enquiries promptly to avoid delays.
The contract for the sale of the property is likely to confirm that you can only rely upon information given to you by the seller in writing. While the TA6 form asks extensive questions about the property, it is not a legally binding document in and of itself but through the contract.
You will be buying the property subject to the matters that affect it which are those specified in the contract or those that the seller does not and could not reasonably know about. It is in the seller’s interest to ensure they provide you with all the matters that they know about or could reasonably have been expected to know about and they can show that they provided you with this information through the TA6.
It’s clear in the document that it shouldn’t be used as a substitute for a survey or making your own independent enquiries.
Many parts of the form can be checked independently by buyers, such as if building works had planning permission. You can also speak to neighbours on the street to find out more.
However, if the seller’s information is not accurate, for example if they:
In these cases the buyer may have a claim for misrepresentation under the Misrepresentation Act 1967 depending on what the seller said about the position. And the court can order you to pay your buyer damages if you’re found guilty of misrepresentation. This could be as much as tens of thousands of pounds. However in extreme cases the court could order you to buy back your old property and cover any expenses of the buyer, such as mortgage interest and legal costs. This could add up to an enormous sum.
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Yes, if you become aware of any information which would change any of the replies you have given in the TA6 form after it has been submitted, you should inform your solicitor immediately. They can then notify the buyer’s solicitors.
However, the impact may be different depending on whether the additional information is given before or after exchange of contracts as this is when the seller and buyer become committed to the sale and purchase.
Yes, if you’re unhappy with the solicitor handling your property purchase or sale, you can switch firms. But don’t do this lightly: depending on how far along in the conveyancing process you are, you may find changing solicitors means you encounter more delays due to work needing to be redone.
If you have exchanged, we recommended that you do not change solicitors in case any delays mean you miss your completion date which can lead to financial penalties being incurred. Find more information on the pros and cons to consider in our guide Changing solicitors mid-purchase: Can it be done?
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