TA6 property information form explained

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.

Angela Kerr Director, Editor

What is a TA6 form?

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.

TA6 form: What does it cover?

The TA6 form is produced by the Law Society and covers 14 separate subjects with questions to be answered by the seller. These are:

1. Boundaries

It’s not surprising that the first question you’ll be asked 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. You will be asked specifically who is responsible for maintaining the boundaries, whether a hedge, fence, ditch or wall.

The next question asks whether the boundary is irregular in any way. While the Land Registry will usually include an outline of the property boundaries on the title plan – it is not always an absolute guide. Most land in England and Wales is registered with what is known as ‘general’ boundaries. This means that the registered title is not conclusive and the boundaries on the title plan do not always exactly match the physical boundary features at the property.

Sellers will also be asked if any boundary features (hedges, fences etc) have been moved in recent years and whether they have received any notices under the Party Wall Act 1996 regarding shared boundaries. As the Law Society rightly points out, issues arising from boundaries can be complex and if necessary, you should seek specialist advice. For further advice on boundaries see the government site https://www.gov.uk/your-property-boundaries and our guide Boundary wall rules: which fence is mine?

2. Disputes and complaints

Have you had a feud with a neighbour? Then you may need to disclose it in this section which asks for information about any existing disputes or complaints. It could include the cause of the dispute, such as noise, 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 are duty-bound to declare this.

3. Notices and Proposals

This section 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. This includes any proposals to develop or change the use of nearby land or buildings. Some information may be available from the local authority searches.

4. Alterations, planning and building control

If you’ve made changes to the property, in this section you’ll be asked to show the works have the proper consents and approvals. For example, you will need to provide copies of planning permissions, Building Regulations approvals and completion certificates. As a seller you should also give details of any building or alteration work that doesn’t have the necessary consents and permissions. You’ll also need to give details of all unfinished building and alteration work too. You may want to read our guide on selling without building regulation approval.

Solar panels are also 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.

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5. Guarantees and warranties

In this section sellers must provide information about any warranties or guarantees that relate to the property.

Such as:

• Guarantees for work such as damp-proofing
• New home warranty if the property has been built in the last 10 years. In most cases this is from NHBC

But if you’re a buyer, this section also advises you to check the terms of conditions of guarantees and warranties. For example, some may only protect the person who had the work carried out.

Other questions in this section include whether or not any claims have been made under a guarantee or warranty that relates to the property.

6. Insurance

You’ll state whether or not you have taken out insurance on the property in this section. And if you don’t insure the property, you should explain why not. If the property is a flat, as a seller, you should say whether the landlord insures the building. You’ll also need to give details of any current insurance claims too.

7. Environmental matters

This provides information on environmental matters affecting the property. Including:

• Flooding: If you’ve been flooded you should state which type of flooding affected the property. The most common types of flooding are surface water flooding, groundwater flooding, river flooding, coastal flooding and sewer flooding. You should also say if a Flood Risk Report has been prepared for the property and supply a copy if so. Read more about how to protect your home in our guide How can I flood proof my home?
• Energy Performance Certificate: An EPC rates how energy efficient a property is on a scale from A (most efficient) to G (least efficient). And it must be provided when a property is built, marketed for sale or rented. You should have one from when you put the property on the market.
• Japanese Knotweed: You’ll be asked whether the property is affected by Japanese knotweed.

In this section 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.

8. Rights and informal arrangements

When you’re selling you’ll be asked 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. And if any arrangements affect the property such as chancel repair liability.

9. Parking

Sellers must describe what the parking arrangements are, such as a garage, a driveway, allocated car parking space or on-street parking. If you need a license or permit to park at the property you’ll need to state this. You’ll also need to say if the property is within a Controlled Parking Zone or a local authority parking scheme.

10. Other charges

Are there any charges affecting your property, such as payments to a management company? Here’s where you’ll give that information. You’ll need to detail all such charges including the cost and frequency of payments. If your property is leasehold, you should include details of lease expenses like service charges and ground rent should be included in the Leasehold Information Form.

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11. Occupiers

You’ll need to say who lives at the property and whether you are selling it with vacant possession. This means it will have no one living there when the new owner moves in.

12. Services

This 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.

13. Connection to utilities and services

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.

14. Transaction information

This 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.

Completing the TA6 form: Dos and don’ts

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:

• Complete the form to the best of your knowledge
• State if you don’t know the answer to any question
• Be accurate. It says, ‘If you give incorrect or incomplete information to the buyer (on the Property Information Form (TA6) in writing or in conversation, whether through your estate agent or solicitor or directly to the buyer), the buyer may be able to make a claim for compensation or refuse to complete the purchase.’
• Inform your property lawyer immediately if you become aware of any information which would alter any replies you have given.
• Give your property lawyer any letters, agreements or other papers which help answer the questions.

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 for buyers

The TA6 form includes notes to the buyer too:

• As a buyer, you should inform your conveyancing solicitor if the seller gives you any information, separately to the TA6 form, concerning the property that you wish to rely on when buying the property. This is whether it’s in writing or in conversation, whether through an estate agent, conveyancing solicitor or directly.
• The estate agent or person marketing the property is legally obliged to tell you anything which they know, or should know, which might impact your decision to offer to buy the property or how much you would be willing to buy it for – the material information. You should make sure that your property lawyer knows what material information you have been given, by anyone marketing the property, and which you are relying upon so that they can check it and make sure it is valid.
• The form should not be used as a substitute for having a survey
• You should be aware that the seller is only obliged to give answers based on their own information. You shouldn’t expect them to have legal or technical knowledge or knowledge of matters prior to their ownership of the property.

When it comes to buying a home, you’ll need to get your finances in order. It’s a wise move to speak to an expert mortgage broker early on in the process. They’ll guide you through the process and find the best deal for you.

What documents do I need?

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:

• Deeds
• Planning permission certificates
• Building control sign off – for extensions, electrical work and boiler installation
• New build guarantee

See our guide for more advice on what documents you need when you are selling your house.

I’ve filled in my TA6 form: What next?

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.

I’m buying: Can I trust the TA6 form?

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:

• fail to disclose disputes with neighbours
• suggest the property does not suffer from damp when it does
• suggest the property doesn’t suffer from a flooding issue when it does

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.