Conveyancing Protocol Forms: what’s changing and why?

Conveyancing is an ever-evolving, complex process, often influenced by legislative adjustments - thus change is a necessity.  The National Trading Estate and Letting Agency Team (NTSELAT) advocate for protocol forms to take centre stage from the point of marketing the property rather than at the legal conveyancing process.

They also suggest that the forms should be more detailed and provide information that otherwise wouldn’t be available until the receipt of search results and enquiries to ensure there are no surprises.

What’s coming?

In light of this, in March 2024 the Law Society updated the Protocol Forms TA6 (Property Information form) and TA7 (Leasehold Information Form) but its implementation has been delayed whilst the Law Society consults with Conveyancing Members.  The revised date for compulsory use of the revised TA6 and TA7 by all Conveyancing Quality Scheme (CQS) firms will be 15^th January 2025. However, the Law Society have advised that Members will be compliant with CQS if they use either edition of the TA6 and TA7 until this date.

What’s changed?

The TA6 Form, once a modest 16-page document, has undergone a remarkable transformation; now spanning an impressive 35 pages! It adapts a more modern approach and raises whether the property has electric vehicle charging, solar panel installation details etc. It also delves into intricates of search results for example, flood risk defences, known coastal erosion, impacts of past or present mining activity, where the sewerage system discharges, to name a few!

The TA7 Form, now a 12-page document has also been significantly updated. The form now reflects changes brought about by the all-important Building Safety Act 2022 to ensure building safety legislation is at the forefront of enquiries.  It includes questions about remediation works, known defects that create a building safety risk, building ownership and management and details of the seller if they are a company.

What’s the impact?

The revisions to the Forms TA6 and TA7 look to encourage transparency, minimise risks, and ensure a smoother journey through the conveyancing process for all involved. By integrating these forms into the marketing phase, agents aim to equip buyers with comprehensive information upfront, with sellers instructing solicitors earlier than usual and potentially reducing the likelihood of transactions falling through at the eleventh hour.

It also aims to prevent unnecessary enquiries from being raised, which in hindsight, should speed up the average completion timescale making the conveyancing process efficient!

Although change brings about opportunity, it also raises reservations. There have been some initial concerns in relation to the forms being lengthy and more importantly, the fact that it is only compulsory for CQS firms to use them which may cause confusion. The true impact of these changes remains to be seen, but it’s worth remembering that growth and comfort do not coexist.

These changes represent a significant milestone in property law and by understanding these changes and seeking professional legal advice, clients can navigate property transactions with confidence and clarity.