TA6 form changes: frequently asked questions

Will the TA6 (6th edition) include NTSELAT recommended material information?

The new TA6 (6th edition) does not include questions based on the guidance for upfront material information. 

How will the design of the form be improved?

We are using the consultation feedback to improve areas of the form that sellers and conveyancers highlighted as difficult to complete.

We are also conducting user testing with sellers, buyers and conveyancers to make sure the forms are as easy as possible to use. This will be carried out by an independent research agency.

What support and training will be provided before the TA6 (6th edition) is introduced?

We will make the new TA6 (6th edition) available to our licensed third-party suppliers from October 2025.

We will:

• provide resources and training alongside the new form to ensure its implementation is as smooth as possible
• share a preview of the new form, so you have plenty of time to review the content and prepare to start using it

Learn more about the TA6 timeline and next steps.

What was the legal position before the TA6 (5th edition) was introduced?

The Consumer Protection from Unfair Trading Regulations 2008 (CPUTR 2008) will be revoked and replaced by the Digital Markets, Competition and Consumers Act 2024 at a date to be appointed.

It is understood currently that the Digital Markets, Competition and Consumers Act 2024 will contain materially the same provisions as those in the CPUTR 2008 so far as the contents of this Q&A are concerned.

The Consumer Protection from Unfair Trading Regulations 2008 (CPRs) have applied to 'immoveable property' since 26 May 2008.

We released a practice note on Consumer Protection Regulations for conveyancers in 2016.

The practice note made clear that infringements of the CPRs by solicitors are potentially offences punishable:

• on summary conviction by a fine not exceeding the statutory minimum
• on conviction on indictment to a fine, or
• by imprisonment for a term not exceeding two years

The practice note also noted that "many of the obligations placed on you as a solicitor under the CPRs are already covered by your obligations under the SRA Standards and Regulations and, provided that you treat consumers fairly, you are unlikely to be in breach".

The CPRs provide that 'material information' is "information which the average consumer needs, according to the context, to take an informed transactional decision".

The test is whether omitting to disclose material information is likely to cause the average consumer to take a transactional decision they would not have taken otherwise.

On the basis of Office of Fair Trading v Purely Creative Ltd [2011] CTLC 45, what a purchaser "needs" is to be understood in its proper "context", which includes:

• the fact that sellers can rely on the caveat emptor principle, and
• their solicitors owe them a duty of confidentiality

There is unlikely to be an omission of "material information" (and a solicitor will not, therefore, be in breach of the CPRs) if a solicitor fails to disclose information which:

• is confidential, or
• falls within the caveat emptor principle

What is the legal position after the TA6 (5th edition) was introduced?

The position regarding potential liability for solicitors has not changed as a result of the introduction then withdrawal of the NTSELAT guidance or the new updates contained in the 6th edition of the TA6 form.

The expanded information sought by the amended transaction forms fits into the two categories that applied before the forms were amended, that is, concerning:

• potential physical defects
• defects as to legal title

The amendments do not extend civil liability for solicitors acting for either buyers or sellers for either category as a result of having to provide more material information under the CPRs. 

Our practice note on the CPRs in conveyancing has been updated.

What is the legal position now for sellers’ solicitors?

For those acting for sellers, there is no additional liability.

Depending on the retainer, contractual or tortious liability could arise under normal principles applied in the usual way in relation to any additional material information provided or omitted.

For the seller, that might be misrepresentation.

For the seller's solicitor, that might occur where, as a matter of professional obligation, there was a duty to advise the client properly regarding proper disclosure, but the solicitor failed to provide that advice. That is not an extension of liability.

In terms of criminal liability, this is very unlikely to be an issue, other than in the highly unlikely scenario in which a solicitor acting for a seller behaves towards the buyer in a way which would fall within the definition of an "unfair commercial practice".

An example of that would be by engaging in an aggressive or threatening behaviour against a purchaser, particularly a vulnerable one.

In those circumstances, it would not matter that there is no contractual relationship between the seller's solicitor and the buyer.

Such behaviour would, in any event, be in breach of the CPRs as well as the SRA Principles and SRA Code of Conduct, mainly:

• Principle 2 (upholding trust in the solicitor's profession)
• Principle 5 (integrity)
• paragraph 1.2 of the code (not taking unfair advantage of clients and others)

What is the legal position now for buyers’ solicitors?

Additional liability for those acting for buyers does not arise as a result of the amendments to the TA6 form.

Does the TA6 (5th edition) increase the risk of criminal offences being committed by solicitors?

Having taken specialist advice, we do not believe that to be the case.

As before the recent update to the TA6 form, criminal liability would only ever arise in blatant cases of aggressive behaviour or sharp practice towards either the buyer or seller, but this is most unlikely to be an issue.

Other questions above address the legal position.

Will sellers be able to respond to questions about these matters?

If the sellers do not know about these issues, they are not obliged to respond.

The TA6 form provides instructions to sellers that "you should answer the questions as accurately as you can from your own knowledge".

If you are instructed by the seller and are supplying this information to estate agents, you should make it clear that the sellers have provided answers on this basis.

If you are instructed by the estate agent to provide this information, you may negotiate to supply this information to a different level of assurance and change and have terms and conditions developed accordingly.

If sellers are only to respond using their own knowledge, how much should I help them to complete the responses?

A seller's solicitor should approach the TA6 form in the same manner as they did in respect of the previous edition.

That is, to advise the client in accordance with the "instructions to seller" at the front of the form.

What are the main changes to the TA6 (5th edition)?

NTSELAT's previous guidance said that 'material information' includes:

• council tax
• asking price
• tenure – leasehold or freehold
• physical characteristics about the property
• number of rooms
• parking
• building safety
• erosion risk
• property accessibility/adaptations
• coalfield or mining area

NTSELAT has now withdrawn its material information guidance. The new TA6 (6th edition) does not include questions based on the guidance for upfront material information. 

What are the differences between the 4th and 5th editions of the TA6 form?

Topics of questions asked in the 5th edition (Part 1) that already appear in the 4th edition include:

• additional charges
• parking arrangements
• conservation areas
• tree preservation orders
• listed building
• utilities
• contribution to cost of additional services (shared driveway, private road, drains, etc.)
• rights of light etc.
• flood risk
• proposals to develop land nearby
• breaches of planning permission
• notices

Topics of questions asked in the 5th edition that do not appear in the 4th include:

• council tax
• asking price
• tenure
• physical characteristics about the property
• number of type(s) of room(s)
• construction materials
• building safety
• erosion risk
• property accessibility/adaptations for users with extra needs
• coalfield or mining area

When are CQS firms required to use the TA6 (5th edition)?

Following feedback from members, we postponed compulsory implementation of the TA6 form (5th edition) (2024).

Independent research agency 2CV Ltd carried out a consultation with members between August and October 2024.

Following careful analysis of the evidence collected, we have decided to replace the 5th edition of the TA6 form.

Learn more about the new TA6 (6th edition) form.

While we implement the new TA6 (6th edition) you can continue to use either the:

• TA6 (4th edition, second revision) (2020), or
• TA6 (5th edition) (2024)

Members who use either of these forms will continue to be compliant with our Conveyancing Quality Scheme (CQS).

If there are two CQS-accredited firms acting in a transaction and the seller's solicitors are using the 4th edition, but the buyers' solicitors want to see the 5th edition, which version should be used?

Since the launch of the TA6 (5th edition), firms have successfully been taking a pragmatic approach to situations where sellers' solicitors are using the TA6 (4th edition) and buyers' solicitors want to see the TA6 (5th edition).

In the same way, firms should be able to agree the pragmatic position between them in the best interests of their clients.

Why did the Law Society not consult with members on the changes earlier?

We keep our transaction forms under regular review and update these when necessary.

We do not usually consult with the whole conveyancing or property membership when making these updates and changes to the TA6 form. We followed the same process for the TA6 (5th edition) update.

However, we recognise that some members have been surprised by the number and nature of changes to the TA6 form.

We acknowledge that we should have consulted our members about the changes to the TA6 form well in advance.

The TA6 form will continue to evolve, and we’re committed to doing better in the future. That means involving our conveyancing members in the changes that impact them right from the start.

You consulted on the forms in 2012. Why is this different?

We carried out a consultation, prospectively, in 2012 in relation to changes we were looking to make to the transaction forms on a wide range of issues.

Those changes were generated by the Conveyancing and Land Law Committee and by some of the wider membership.

This was a different exercise from the TA6 (5th edition) update, which sought to incorporate guidance from an external official body (National Trading Standards) that aimed to establish what constitutes 'material information'.

We incorporated this with the aim of benefitting consumers, conveyancing solicitors and the process in the public interest.

Can firms charge additional fees for assisting clients in completing the new sections of the TA6 form that accommodate material information?

This is up to individual firms to decide.

There are many ways to implement the latest guidance and firms will want to consider what might best suit their clients and their practice.

We have anecdotal evidence of:

• firms entering into agreements with estate agents to supply 'material information' in advance of marketing (with the scope of the agreements not including acting in the subsequent sales)
• firms developing agreements with sellers solely to produce material information – as this is a formal piece of work, full ID, anti-money laundering and other onboarding requirements need to be performed and a separate fee can be chargeable
• some firms doing what is set out in b) above are proposing to charge the seller a fee for assisting with completing material information and crediting this amount towards the full conveyancing fee if the client instructs them on the sale when they have found a buyer

Will the Conveyancing Protocol be amended to reflect this position?

As stated above, we are aware there are many ways of implementing the recent guidance.

We are keen to understand how this is being dealt with in practice before finalising the draft proposed changes we have prepared to the Conveyancing Protocol for consultation.

Provision 15 of the Conveyancing Protocol says ‘do not raise any additional enquiries about the state and condition of the building unless arising out of your conveyancing search results, your buyer's own enquiries, inspection or their surveyor's report’. Does the TA6 (5th edition) breach this?

No, it does not. The new enquiries are standard enquiries so, by definition are not additional enquiries.

Many sellers with a property that has an unusual construction will know about this and will only be answering the enquiries from their own knowledge.