The Law Society confirmed the outcome of the long-awaited consultation into the future of the TA6 Property Information Form this week with a “two form” approach, removing much of the questioning relating to ‘material information’ into a separate form and introducing a 6th edition of the TA6 in March 2026 after further consultation. In the interim the current dual use of the 4th and 5th edition of the TA6 will be compliant withe CQS protocol.
The outcome follows an extensive consultation, first started in September 2024, during which 1200 respondents registered to have their say on the future of the TA6 form after the contentious introduction of the 5th edition.
In a blog on the Law Society Gazette website, Vice President of The Law Society Mark Evans outlines 14 key findings of the consultation and how the Law Society have responded.
1. The consultation revealed the majority of participants felt the Law Society should have consulted before the introduction of the 5th edition. The Law Society (LS) say they are working on improvements to member engagement mechanisms and are actively working with the Conveyancing and Land Law Committee and TA6 Working Group to ensure the two new forms are fit for purpose.
2. only 7% of conveyancers responding to the consultation felt more upfront information would reduce the number of transactions that fall through. LS say there is a ‘strong feeling in government and among stakeholders in home buying and selling’ more upfront information will lead better informed decisions, and by extension, fewer fall throughs. They add they will monitor wider adoption and continue to encourage feedback.
3. Less than 20% of conveyancers said the inclusion of questions relating to material information in the TA6 was helpful. In follow-up workshops, it the consultation identified conveyancers felt inclusion of upfront information should not be compulsory until the market moves towards early instruction of conveyancers being a common practice.
LS have responded by removing material information identified in the NTSELAT guidance from the next iteration of the TA6 and will be disclosed separately (but not obligated under CQS) should the conveyancer be instructed at the point of listing.
4. Conveyancers felt splitting the information would be helpful, LS said the two new forms would work together to reduce any duplication of information.
5. If a second form was to be introduced, conveyancers raised concerns about the transition of information from a known form, to an unknown form. LS said it aimed to produce two simpler and more straight forward forms, but acknowledged there is only so much they can do with important legal concepts at stake; LS commits to ongoing user testing.
6. Concerns over the timescales of the introduction of the new form were raised through the consultation. LS responded saying the transition period will be ‘several months’ with accompanying training materials.
7. The complexity and length of the 5th edition led conveyancers to believe clients would need more support from a lawyer to complete it. Any new forms need to be user tested; an issue acknowledged by LS who say they will conduct user testing for the purposes of any improvements.
8. Sellers need options to say ‘do not know’ or ‘not applicable’ ; LS say they will look at where it’s appropriate to include those options.
9. Substantial structural changes to the form have caused issues with familiar workflows; an issue LS acknowledge but say there will inevitably be a period of transition with the new forms.
10. 76% of respondents said better explanatory guides for consumers and conveyancers on how to use the form would be ‘very’ or ‘somewhat’ helpful. LS will redraft the explanatory notes
11. The consultation raised concerns about the liability on sellers when it comes to completing the information to the best of their ability; this concern was raised in the context of the form being a legal document and contains a warning of liability on the sellers’ part for incorrect information. LS say they are reviewing the language and phrasing but the form is a legal document and should be treated as such
12. 87% of respondents said sellers could be uncomfortable with incurring fees and expenses before a property is put on the market. 79% said they did not feel able to charge for the additional time needed to complete the form. LS would not be drawn on revenue models but would consider how it can support.
13. 3/4 of firms use a pdf version of the TA6; around 1/4 use a digitised version. 46% of conveyancers surveyed use forms completed by hand. Sellers suggested digital versions of the form would be beneficial but LS will not be drawn on what software options there are.
14. Does up front information increase legal liability for conveyancers and/or sellers? LS say they have been clear on this point and do not believe there is any increase in the legal liability risks for conveyancers or for sellers. We appreciate that these are important concerns so will continue to keep this matter under review. consider this, The Consumer Protection Regulations in conveyancing practice note has been updated and will be revised again when the Digital Markets, Competition and Consumers Act 2024 comes into force.
