Conveyancing protocol forms updated

The latest iteration of the Buyer’s and Seller’s Property Information (BASPI) schema has been launched with amendments to both Part A (the disclosure of material facts) and Part B (additional information required for the legal process). The release comes in the same week as updated TA6 forms were released by The Law Society. 

BASPI has been developed by the upfront information working group of the Home Buyers and Sellers Group (HBSG) and is part of wider efforts to encourage the disclosure of material information by sellers at the point of listing. Estate agents must comply with the The Consumer Protection from Unfair Trading Regulations 2008 and ensure buyers are provided enough information to make an informed decision about their purchase. Over the last two years, guidance has been produced by National Trading Estate and Letting Agency Team (NTSELAT) in three parts, A, B and C with agents required to ensure such information is included on property listings.

Part A of BASPI asks for information regarding disputes and complaints, alterations and changes, notices, specialist issues, fixtures and fittings, utilities and services, insurance, boundaries, rights and informal arrangements, and any other issues affecting the property. Part B covers legal ownership, legal boundaries, services crossing other property, energy, guarantees, warranties and indemnity insurances, occupiers, and completion and moving.

The amended questions include freehold shares, details of any reserve fund and any annual contributions, whether the property is within the ULEZ area in London, how many storeys in the building, and whether it includes any commercial property.

There are also specific new questions related to any title defect insurance policies on the property, if it is within an area of unrestricted mobile phone coverage, whether there are any air/water or ground source heat pumps, whether any known risk of coastal erosion affects the property or its boundary, and if there is any step-free access from the street or throughout the property,

Director of Delivery at the Conveyancing Association, Beth Rudolf said

“Each year, via the steering group of the HBSG, the CA co-ordinates a fundamental and complete review of the content of the BASPI, to ensure it is as up to date as possible, that we are covering off all information requests we should be in today’s property market, and that it contains to be fit for purpose for all those who use, and rely, upon it.

“I’m pleased to say that, following this review, we have been able to update and include a number of amendments within Part A of the BASPI. This is hugely important as it helps identify the material information relevant to the property that the seller is aware of. Of course, the title and authority information will need to be reviewed by the conveyancing firm as part of the due diligence process to identify the relevant information via the Local, Water, Mining (where relevant) and Environmental authorities.”

The launch of the fifth iteration of BASPI follows the updated TA6 Property Information Form which was released last week. With NTSELAT guidance saying sellers should contact their solicitor at an early stage so that more information about the property can be used for marketing, Law Society president Nick Emmerson suggested there was an opportunity for conveyancers to provide support for those wanting help completing the TA6 form.

“Earlier contact between sellers and their solicitors may provide an opportunity to address any issues that could cause delays in the sale process at a later date. We hope that the TA6 will help facilitate the flow of information from marketing a property by estate agents through to the legal process. The aim is that having better informed buyers could help reduce both the time the process takes and the number of sales that fall through.”

Updates to the TA6 form include:

• Property details: including the Unique Property Reference Number (UPRN) and council tax band of the property.
• Tenure, ownership and charges: whether the property is freehold, leasehold, shared ownership, or commonhold; and details of the costs, such as ground rent and service charges.
• Parking: including the cost of parking permits and whether the property has electric vehicle (EV) charging.
• Building safety: providing details of any defects or hazards at the property and whether essential works have been recommended and carried out.
• Restrictive covenants that affect the use of the property.
• Flood risk and coastal erosion: to establish what the flood risk is for the area around the property, whether any defences have been installed, and if the property is near the coast, whether there is any known risk of coastal erosion.
• Accessibility: the adaptations or features that have been made to provide easier access to and within the property.
• Coalfield or mining area: identifying if the property is impacted by any past or present mining activity.
• Solar panels: providing details about the installation that a buyer/lender will need to know.
• Services connected: these now include air and ground heat pumps.
• Drainage and sewerage: additional questions about where the sewerage system discharges to and whether it has an infiltration system.
• Japanese knotweed: refinement of the question to incorporate the area adjacent to or abutting the property.

But the changes have not been universally welcomed. Conveyancing membership body the Society of Licensed Conveyancers (SLC) has criticised the Law Society for not consulting with either the SLC or the Conveyancing Task force. Simon Law, the Society’s Chairperson said:

“We are disappointed to note that the forms have been amended without consultation with . The addition of material information to these forms has drastically increased the size of the forms and information required. It is further disappointing to note that this was not used as an opportunity to review the wording for the forms.”

The SLC has also pointed that material information is to disclose more property specific information during the marketing of a property to allow potential buyers to be better informed before making an offer. The key words are ‘before they make an offer.’ Putting those questions in the TA6 form rather flies in the face of ‘before offer’ information, unless Estate Agents are going to use these, or Conveyancers are instructed prior to marketing, say the SLC.