The Law Society of England and Wales has announced a new two-form approach to the TA6 following an extensive consultation.
Going forward there will two separate forms say The Law Society
- A new 6th edition TA6 property form which is mandatory for Conveyancing Quality Scheme (CQS) members from March 2026 and is designed to be used when an offer has been accepted. It will give buyers the information that the sellers have about the property before they commit to buying. This will be an improved version of the 4th edition.
- A material information form, which is not mandatory for CQS members and is designed for conveyancers to use if they choose to accept instructions by sellers before they list their property. It aims to help sellers gather the material information they are recommended to provide to the estate agent to market the property.
In an interview as part of National Conveyancing Week Law Society vice president Mark Evans was challenged around the timing of the release, with some questioning the timing of the release ahead of the SDLT holiday on social media.
“We would have been criticised for saying nothing, equally we can be criticised for saying something”
accepted Evans, explaining the consultation responses had been through the whole of the Law Society governance processes culminating in agreement at the Council Meeting held on 19th March to go ahead with the two form approach. It was ‘coincidental’ it fell during National Conveyancing Week he added, but pointed out that, unlike SDLT and Land Transaction Tax (LTT in Wales), there are no overnight deadlines.
“We’re actually saying, here are the results, digest them, we have a plan and an implementation timescale for what will happen next.”
Evans also confirmed in March 2026 the 6th edition will supersede the current 4th and 5th editions. Explaining why the 5th edition is still available he added around one third of firms are using it and it wasn’t right to simply withdraw it. On the adoption of the new material information form, it was also confirmed it would be made available to estate agents to use to collate material information in advance of any intention to instruct conveyancers at the point of listing, but would not be drawn on commercial models employed by firms and estate agents.
In a press release published by the Law Society earlier in the day, Evans said
“We have learnt a lot through the consultation process, about both the TA6 form and the wider member concerns about the complexities of the conveyancing market. We heard from more than 1,200 participants – the vast majority solicitors, as well as licensed conveyancers, estate agents and sellers – who shared their detailed experiences of using the 5th edition form. Thanks to everyone who gave up time to take part and share their views.”
“We have listened to the feedback and following the predominant message in the responses decided the best solution is to replace the 5th edition of the TA6 form with two new forms, one mandatory and one not. We hope that this new approach will make the TA6 process more straightforward and easier to understand and navigate for conveyancers and their clients. We appreciate that this is a difficult month for our members who are under intense pressure with a stamp duty tax deadline looming and we can assure you that there will not be any overnight changes to the existing 4th and 5th edition forms.”
The Law Society said it understood the ‘wider complexities of conveyancing and that conveyancers need time to adapt to change’ adding the body will:
- Run user testing with conveyancers and sellers and buyers to make certain the forms are fit for purpose and to understand which areas of the form require most support to fill in from the Summer
- Have an extended implementation period for the new forms, beginning in October 2025 before compulsory adoption of the new forms in March 2026.
- Provide information and training for conveyancers and their clients.
- Consult members on proposed amendments to the National Conveyancing Protocol.
Following an outpouring of frustration last year after an updated version of the TA6 was published, the Law Society said it would consult with members. The updated form was expanded to 32 pages to incorporate a range of questioning relating to material information in the wake of guidance published by National Trading Standards Estate and Letting Agency Team. Conveyancers raised concerns about the liability placed on conveyancers and the lack of consultation with the profession on the updates despite assurances from the Law Society there is unlikely to be an omission of “material information” and/or a breach if a solicitor fails to disclose information which is confidential, or falls within the caveat emptor principle (Office of Fair Trading v Purely Creative Ltd [2011] CTLC 45).
A consultation was launched to review the implementation and options moving forward in the wake of the Special General Meeting convened in July 2024. While the consultation was ongoing a dual approach to the 4th and 5th editions of the TA6 forms was adopted, and extended in November while the consultation could run its course. The Law Society have now confirmed a two form approach will be adopted moving forward.
The interview with Mark Evans as part of National Conveyancing Week is below.
