The Law Society has announced mandated use of the updated TA6 property information form will be delayed until January 2025 to enable it to further consult members on the content and implications.
In a statement released today (Friday 14th June) Law Society of England and Wales chief executive officer Ian Jeffery says
“For many members of the public, specialist conveyancing solicitors and their teams are the face of the legal profession, ensuring that hundreds of thousands of home moves can take place annually. Conveyancing work is at the heart of a larger buying and selling process for homes and that process is undergoing long term change, driven by technological advances and public policy.
“As a profession we must embrace change and a key role of the Society is to support our members through this evolution.”
“In this vein, the recent updates made to our TA6 form were intended as a pragmatic response to the National Trading Standards Estate and Letting Agency Team (NTSELAT) guidance on material information. We know that many firms have been gearing up to go live with the new form, with thousands of copies having already been accessed.”
“However, we have listened to recent feedback and recognise that we have not yet persuaded enough of our colleagues on those particular changes, so we need to do more to communicate with the profession about them. Having reflected on the strength of feeling expressed by members on this issue we have this week decided to postpone compulsory implementation of the TA6 Property Information Form (5th edition) (2024) for accredited CQS members for six months while we consult members further.
“To clarify, for the period until 15 January 2025 members will be compliant with our Conveyancing Quality Scheme (CQS) if they use either TA6 (4th edition, second revision) (2020) or if they use the new TA6 Property Information Form (5th edition) (2024).
“In the coming weeks we will consult members further about the content of the TA6 5th edition to ensure we understand the full range of member views. In the meantime, we know some members are using the new form or readying themselves to do so, and we would encourage them to continue in that way.”
Until now the updated 5th edition of the TA6 conveyancing protocol form was due to become mandatory for CQS registered firms from 25th June 2024.
The release of the forms caused some consternation amongst the profession. The updates have come in line with efforts to improve the availability of information at the outset of the transaction. Guidance produced by the National Trading Standard Estate and Letting Agents Team (NTSELAT) outlines property professionals’ obligation under the Consumer Protection from Unfair Trading Regulations 2008 (CPRs). The Law Society has also published its own Practice Note (Consumer Protection Regulations in conveyancing) and Frequently Asked Questions (TA6 form changes: frequently asked questions) outlining the responsibilities of and implications for conveyancing firms. In it, The Law Society explains the TA6 protocol forms have been updated ‘to help provide prospective buyers with the information suggested (in the guidance) and help the ‘profession to take a lead on how this new guidance is introduced, so this is achieved in a way that works best for solicitors and their clients.’
Concerns around the legal implications for conveyancers, the lack of consultation with practitioners and the length of the updated form, which now runs to 32 pages, have been raised in recent weeks. The touch paper was lit last week when the Property Lawyers Action Group (PLAG) launched an online petition to force The Law Society to hold a Special General Meeting (SGM) at which it would propose a vote of no confidence in CEO Ian Jeffery, and President Nick Emmerson. The petition gathered the required 100 votes in less than 24 hours and a Today’s Conveyancer LinkedIn poll identified in 90% of nearly 200 respondents would support a vote of no confidence vote.
In response The Law Society said it was ‘grateful’ to members for the feedback it had received suggested its focus remained on ‘supporting conveyancing solicitors and their firms with the transition to using the new TA6 forms (where) we have developed a range of resources to assist.”
This latest announcement will see the mandatory introduction of the updated forms pushed back to 15th January 2025 with both the 4th edition, and 5th edition acceptable under the CQS protocol.
