Conveyancers have been urged to encourage sellers to provide detailed information on issues such as Japanese knotweed and septic tanks after the Law Society has published updated property information forms (TA6).
However, the form’s wording has now been amended to allow homeowners to reply ‘don’t know’ when it comes to disclosing known issues such as Japanese knotweed. In essence, this places the accountability of identifying threats such as Japanese knotweed onto the buyer.
The TA6 was introduced as a platform for sellers to divulge property information about their home prior to sale.
The updated form will now insist on information regarding Japanese knotweed, flood risk, radon and septic tanks being provided to all prospective buyers.
The Law Society issued the update following a recent House of Commons Select Committee on Japanese knotweed.
The report claimed that the Law Society should ‘review the wording of the question in its Property Information Forms.’
The TA6 form has now been amended on an interim basis. The main changes to sections on knotweed now include:
- highlighting that information ought to be provided to a buyer if the seller is aware that there is a treatment plan in place
- replacing “eradication” with “managing its regrowth”
- adding an “unknown” response on the basis that knotweed can be difficult for a homeowner to detect
The changes will be reviewed and fully implemented following research from the Department for the Environment, Food and Rural Affairs later this year.
The Law Society expect the updated forms to be used ‘as soon as is reasonably practical,’ and has reminded firms that conveyancing protocol requires firms to use the most up to date versions of publications.
Simon Davis, Law Society President, commented:
“The TA6 Property Information Form is used so that the seller can give important information about the property to the prospective buyer.
“We have updated the form following a recommendation that we review this question by the House of Commons Select Committee on Japanese knotweed. The changes reflect the increased scientific knowledge about this species. Other sections, including flood risk, have also been updated.”
Last week, the Law Society published the first revised Practice Note on Flood Risk in over four years.
Concerned with the recent changes to the climate, the Practice Note’s main changes focused on the prevalence of flood risk, insurance for both residential and commercial properties and related changes to the Law Society’s Conveyancing Protocol.
The Practice Note also includes new and updated advice on:
- flood risks
- flood searches
- flood maps and indicators
- insurance
- inspection, surveys and valuations
The general solicitor obligations within the Conveyancing Quality Scheme (CQS) requires firms to adhere to all new property forms and conveyancers should ensure they are prepared to inform sellers of their obligations when it comes to the property information they need to provide.
