28 August 2019

When selling your home you are legally obliged to disclose certain information about the property to the buyer. Failure to do so can lead to court proceedings if the buyer later finds out information that would have had a detrimental effect on their decision to buy the property.

True Solicitors LLP uncover what information must be fully disclosed when selling your home and what the consequences are for failing to do so.

Seller’s Property Information Form – TA6 Form

When selling a residential property a TA6 form must be completed. The TA6 form, also known as a Seller’s Property Information Form, is a questionnaire that requires the seller to disclose information including:

1. The boundaries of the property

• Who has responsibility for maintaining the boundaries (you or your neighbour)?

2. Disputes and complaints

• Have there been, or could there be, any disputes or complaints regarding the property or a neighbouring property

3. Notices and proposals

• Are there any notices or correspondence that have been sent or received from a neighbour, council or government that may affect the property or property nearby?
• Are there any proposals in place to develop property or land nearby, or proposals in place to alter any buildings nearby?

4.  Alterations, planning and building control

• This includes any information on building works done to the interior and exterior of the property such as the addition of an extension, loft or garage conversion and removal of internal walls.
• If there has been a change of use i.e. from a business premises to residential dwelling.
• The installation of windows and glazed doors post 1 April 2002.
• If there has been an addition of a conservatory.
• Any copies of planning permissions, Building Regulations approvals and Completion Certificates.
• If there have been any breaches in planning permission or Building Regulations consent conditions, any unfinished work or work that doesn’t have all the necessary consents.
• If solar panels have been installed and if they are owned outright or are part of a ‘rent-a-roof’ scheme?
• If the property is a listed building or built within a conservation area.
• If any of the trees on the property are subject to a Tree Preservation Order.

5. Guarantees and warranties

• If the property comes with the following guarantees or warranties, along with paper copy evidence:
• New home warranty (NHBC or similar)
• Damp proofing
• Timber treatment
• Windows, roof lights, roof windows or glazed doors
• Electrical work
• Roofing
• Central heating
• Underpinning
• If any claims have been made under any of the above guarantees or warranties?

6. Insurance

• If building insurance taken out by the seller has ever been refused, subject to unusual conditions, high excesses or subject to an abnormal rise in premiums.
• If the seller has made any building insurance claims, and what for?

7. Environmental matters

• Any previous flooding to the property and what type of flooding occurred i.e. ground water, river flooding, surface water etc.
• Any presence of radon gas on the property.
• A copy of the property’s Energy Performance Certificate (EPC).
• If there is a presence of Japanese knotweed.

8. Rights and informal arrangements

• Any rights or arrangements relating to access or shared use, including things like the maintenance of a private road, shared driveway, boundary or drain.
• Any rights or arrangements which may affect the property such as rights of support from adjoining properties, chancel repair liability and other people’s rights to take things from the land (such as timber, hay or fish).

9. Parking

• What the parking arrangements are like at the property, i.e. is there a secure garage, driveway or on street parking.
• If the property is within a controlled parking zone or within a local authority parking scheme.

10. Occupiers

• Information about the current occupiers of the property, including if the property is to be sold as a vacant.

11. Services

• Information on the electricity, gas, drainage and sewerage supply of the property. Including evidence of any test certificates and recent service/maintenance reports.

12. Connection to utilities and services

• Information on the utility suppliers and services for the property, including the mains electricity, gas, water, sewerage, telephone and cable.
• The location of the electricity and gas meters and the stopcock for the water supply.

13. Transaction Information

• This includes information such as:
• If the sale of the property is dependent on the seller completing the purchase of another property on the same day.
• If the seller has any special requirements about a moving date.
• If the seller will ensure that:
• The property will be left in a clean and tidy condition, with all rubbish removed, including from the garden and any outbuildings.
• If light fittings are to be removed they will be replaced with a bulb holder and bulb.
• Reasonable care will be taken when removing any other fittings or contents.
• Keys to all windows and doors and details of alarm codes will be left at the property or with the estate agent.

Where do I legally stand?

Under the Consumer Protection against Unfair Trading Regulations 2013, the seller of the property is obliged to divulge any information on the property that could impact the buyer’s decision to go ahead with the purchase of the property. Therefore should the seller fail to divulge any information that they are aware of, that could have had a negative impact on the buyers decision, they could face being sued by the buyer in the future.

Although it can seem to be counterproductive to ensuring the successful sale of your property, it is essential to be completely honest when filling out the TA6 form. Providing limited details on the TA6 form will only raise more questions in the ‘additional enquiries’ phase of the conveyancing process.

The buyer may be not be deterred by certain issues

It is important to consider that certain things that may bother you about your property or neighbours, may not bother your buyer. For example if your neighbours have a large family who make a lot of noise, your buyer may also be a large family who are used to the same level of noise.

It is issues to do with the structure of the property, or a history of flooding that should be declared and reflected in the asking price.

Conveyancing Solicitors

True Solicitors LLP offer fixed fee, stress free residential conveyancing services. Whether you’re buying, selling, remortgaging or transferring equity we offer a transparent and straightforward service, designed to make your property transaction proceed as quickly and smoothly as possible.

Contact out friendly conveyancing team on 0344 854 7000 for a competitive, free, no obligation quote. Or use our handy conveyancing fee calculator for an instant quote.

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