Katie Wiesendanger considers the upcoming changes to the conveyancing protocol forms taking place from 30 March 2026.
You have likely heard the term ‘buyer beware’ in conveyancing, that it is for the buyer to complete their own investigations to ensure they are comfortable with what they are buying. Whilst this is true, a seller should also provide material information to assist the buyer in their investigations. When selling a residential property, the seller needs to complete a number of forms that become part of the contract paperwork reviewed by the buyer’s conveyancer. These include the Property Information Form (TA6), Fittings and Contents Form (TA10), and Leasehold Information Form (TA7) (if the property is leasehold). These are standard forms provided by the Law Society, and together are known as the Protocol Forms.
From 30 March 2026, new versions of the Property Information Form and Leasehold Information Form will be mandatory for all new transactions with CQS accredited firms.
Changes to the Property Information Form
The Property Information Form underwent significant changes in 2024 (the 5th Edition), which were generally disliked by conveyancers. Whilst the changes to the form aimed to provide material information early on in the marketing and conveyancing process, it resulted in duplication and an onerous 32 pages of questions. The Law Society quickly backtracked, and the previous 4th Edition was brought back whilst The Law Society underwent further consultation.
The new edition of the form (the 6th Edition) aims to be more straightforward, and to ensure key information is provided to the buyer before exchange of contracts. Whilst it is designed to be used when an offer is accepted, it can be completed in advance of finding a buyer. Many of the changes made in the 5th Edition have been deleted, and the following sections removed:
- Council tax
- Asking price
- Tenure, ownership and charges
- Physical characteristics of the property
- Building safety
- Restrictive covenants
- Coastal erosion
- Accessibility
- Coalfield or mining area
- EPC
This hopes to reduce duplication with estate agent marketing materials, and to lessen some of the requirements on sellers.
As many of the questions are multiple choice, with yes or no responses, more questions have been given a ‘not known’ option, to allow sellers to give the most accurate information.
The Law Society has also updated their explanatory notes for sellers to review to assist with completion of the form.
It remains the seller’s responsibility (rather than their conveyancer) to complete these forms, as the seller has the best knowledge of the property itself. As before, the buyer is entitled to rely on the seller’s responses in these forms, so it is important that the information provided is correct.
Changes to the Leasehold Information Form
As with the Property Information Form, the Leasehold Information Form has been updated to be more straightforward, and some questions removed where they are duplicated on other forms.
The options for the type of leasehold property have also been expanded to accommodate leasehold houses, garages and maisonettes, in addition to a traditional flat.
The Law Society has also clarified the section relating to building safety, which arrived following the introduction of the Building Safety Act 2022. It has been explained that this section only applies to a block of flats. If the property is caught by the protections of this Act, further certificates are needed from the seller and landlord, so a decision has been made not to duplicate many of the questions. The Leasehold Information Form does however ask if the property is defined as a Relevant Building under the Building Safety Act 2022, which arguably a seller may not be able to comment on.
What difference will these changes make?
On a first look, the new forms seem to provide a welcome balance between the old edition and the onerous proposal of 2024.
By providing information upfront, there is greater transparency at the outset of transactions, which is hoped to assist the buyer in their investigations. This may lead to the need for fewer enquiries by the buyer’s conveyancer concerning the forms, depending on the quality of the information, and the hope for a more efficient conveyancing process.
Whether the new editions will be successful in practice remains to be seen.
