Understanding the Delay in the New TA6 and TA7 Forms and What This Means for Conveyancers

The Law Society has recently announced a delay in the compulsory implementation of the new TA6 and TA7 forms, both of which were intended to reflect the new guidance on material information set out by National Trading Standards Estate and Letting Agency Team (NTSELAT). The new forms were designed to ensure that prospective buyers of property receive more accurate and transparent information, making the home buying process smoother and more reliable. However, following feedback from legal professionals, the Law Society has decided to postpone the mandatory use of the updated forms for members of the Conveyancing Quality Scheme (CQS) until January 2025, but this has now been extended. Here’s what you need to know about the changes, the delay, and the next steps.

The NTSELAT Guidance and the Need for Change

The core driving force behind the updated TA6 and TA7 forms is the NTSELAT’s guidance on "material information," which refers to any information that a typical consumer would need to make an informed decision during a property transaction. This includes things like council tax rates, asking prices, building safety, physical defects, and even information about the local area (e.g., flood risks or the property’s proximity to a mining area).

In the past, some of this information was either omitted or inconsistently disclosed, leading to issues such as miscommunication between parties, transactions falling through, or even legal disputes. The Law Society updated the TA6 form in March 2024 to align with this new guidance. The aim was to improve transparency and efficiency by ensuring that sellers provide comprehensive material information at the earliest possible stage of the process, ideally before marketing the property.

The idea was that by having clear and accurate information, everyone involved — including conveyancers, estate agents, buyers, and sellers — could avoid mistakes and ensure a more streamlined and transparent transaction process.

Why the Delay?

Despite the clear intentions behind the updated forms, the Law Society has listened carefully to feedback from its members — many of whom voiced concerns about the timing and scale of the changes. Many conveyancers were in the process of familiarising themselves with the new forms, and some were already using them in practice. However, the feedback highlighted a need for further consultation to address concerns and ensure that the changes would be beneficial to all parties involved.

In response to this feedback, the Law Society has postponed the mandatory implementation of the updated TA6 and TA7 forms for CQS-accredited firms. While firms can still voluntarily use the new forms, they will not be required to do so until January 2025. During this time, the Law Society will engage in further consultation with its members to fine-tune the forms and ensure they are as effective as possible.

The Law Society has made it clear that, during the consultation period (until January 15, 2025), firms will be compliant with the CQS requirements if they use either the 4th edition of the TA6 (second revision) from 2020 or the new 5th edition from 2024. This grace period provides firms with the flexibility to continue using the existing forms while the consultation process unfolds.

What’s New in the TA6 (5th Edition)?

So, what exactly does the 5th edition of the TA6 form include that is different from its predecessor? The key changes are a reflection of the NTSELAT guidance on material information, which now covers a broader range of details that must be disclosed to potential buyers. These include:

Council Tax: Information about the council tax band or rates associated with the property.

Asking Price: Clear disclosure of the asking price for the property.

Tenure: Clarification of whether the property is leasehold or freehold.

Physical Characteristics: Details about the size of the property, number of rooms, parking, and construction materials used.

Building Safety and Risks: Including information about building safety, flood risk, erosion, and whether the property is in a coalfield or mining area.

Property Accessibility: Information on whether the property is adapted for users with additional needs.

This is a significant shift from the 4th edition, where many of these aspects were either not covered or only partially disclosed. The 5th edition now includes these additional details in an effort to ensure that potential buyers have all the relevant information they need from the start of the buying process.

Benefits of the New Forms

The main benefit of the new TA6 and TA7 forms is improved consistency and transparency. By providing a comprehensive, consistent, and accurate picture of the property, the forms aim to reduce the likelihood of issues arising during the transaction process. Sellers will be more likely to provide accurate information from the outset, reducing the chance of miscommunication or legal disputes later on.

For conveyancers, these changes provide an opportunity to better guide their clients through the sale process, ensuring compliance with the law and giving buyers the information they need to make informed decisions. By streamlining the flow of information, the new forms also aim to reduce the number of transactions that fall through due to misunderstandings or missing details.

How the Delay Affects CQS Firms

The delay in implementing the new forms until January 2025 has a significant impact on firms that are part of the Conveyancing Quality Scheme (CQS). These firms, which are accredited by the Law Society for their high-quality practices, are not required to implement the new forms immediately. Instead, they can continue using the 4th edition of the TA6 (2020) or the new 5th edition (2024) during the consultation period.

This delay allows the Law Society to gather more feedback from its members, helping to refine the forms and ensure they are fit for purpose. Firms that are already using the new forms can continue to do so without penalty, but they are encouraged to participate in the consultation process to help shape the final version.

What’s Next for Conveyancers?

As the Law Society engages in further consultation, it will seek input from a wide range of conveyancers and stakeholders to understand how the new forms are working in practice. This feedback will help the Law Society make any necessary adjustments before the mandatory implementation in January 2025, although this has been delayed further.

During the consultation period, conveyancers are encouraged to continue using the new forms if they wish, but they can also choose to revert to the 4th edition of the TA6 form if they feel more comfortable. The key takeaway is that there will be no mandatory change until 2025, giving firms ample time to adjust and prepare for the transition.

The Law Society has also made it clear that it will be reviewing the entire Conveyancing Protocol and considering how best to incorporate the changes in practice. This includes reviewing whether firms can charge additional fees for assisting clients in completing the new sections of the TA6 form, as well as considering how to best implement the NTSELAT guidance across the profession.

Conclusion

The Law Society’s decision to delay the mandatory implementation of the new TA6 and TA7 forms reflects its commitment to ensuring that all changes are made in consultation with the profession. The new forms are designed to make property transactions more transparent, efficient, and consistent, but the Law Society acknowledges that more consultation is needed to ensure these changes are beneficial to all involved.

For now, conveyancers should continue using the 4th edition of the TA6 or the 5th edition, as both will be accepted for CQS compliance beyond January 2025. This delay provides a valuable opportunity to refine the forms based on practical feedback, ensuring that when the new forms are fully rolled out, they meet the needs of conveyancers and clients alike. The profession’s input will be essential in shaping the future of property transactions, so it is important to stay engaged in the consultation process and share any insights or concerns.