What is a Seller's Property Information Form?

When selling a property in the UK, a crucial part of the conveyancing process involves completing the Seller's Property Information Form (SPIF). Also known as the TA6 form, it provides a detailed account of key information regarding the property being sold.

This form, produced by the Law Society, helps the buyer make an informed decision about whether to proceed with the purchase and protects both parties by ensuring transparency.

Understanding the TA6 Form

The Seller's Property Information Form is an essential part of the conveyancing process in the UK. It is a legally binding document used to disclose important information about the property to the buyer.

This form is not just a list of basic property details; it covers a wide range of topics, from boundary issues to planning permissions and environmental factors. Failing to complete it correctly can lead to legal issues or the buyer backing out of the transaction.

The form is typically 16 pages long and divided into 14 sections. These sections cover everything from who owns the boundaries of the property to whether any disputes exist with neighbours. Given its complexity, sellers should allocate sufficient time to complete it, as some details may require gathering documentation or investigating further.

Why is the SPIF Important?

The SPIF is designed to ensure transparency in the sale of property. Buyers rely on the information provided by the seller to make decisions, and inaccurate or misleading responses could have significant legal consequences.

For instance, if the form is found to contain incorrect information, the buyer could have grounds to withdraw from the purchase, or even sue for damages if they complete the purchase and later discover issues that weren’t disclosed.

Completing the SPIF accurately is therefore essential for protecting both the seller and the buyer. It can avoid complications further down the line and helps to establish trust between the two parties.

Sections Covered in the SPIF

Each section of the SPIF is dedicated to a specific aspect of the property. Below is an overview of the key sections and what they cover:

Seller and Conveyancer Details

This section is straightforward, requesting the seller’s personal details and the contact information of their conveyancer.

Boundaries

Sellers must indicate who is responsible for maintaining the boundaries of the property. This includes fences, hedges, and walls. If there is shared responsibility with neighbours, this must be clearly stated.

Disputes and Complaints

Any ongoing or past disputes with neighbours must be disclosed. This includes formal complaints or disagreements over boundaries, noise, or other matters.

Notices and Proposals

This section covers any planning proposals or notices that may affect the property or its surrounding area. This could include planning applications for extensions or developments nearby.

Alterations, Planning, and Building Control

Any work carried out on the property that required planning permission or building regulation approval must be disclosed. Supporting documentation, such as planning consent or completion certificates, should be provided.

Warranties and Guarantees

If the property has any warranties or guarantees, such as for building work or window replacements, these need to be noted and supported with relevant paperwork.

Services

This section requires details of the property’s utilities, such as gas, electricity, water, and drainage. Sellers must indicate whether the property is connected to mains water, gas, electricity, and sewers, or if there are alternatives like a septic tank.

Environment and Environmental Issues

Any environmental risks such as flooding, subsidence, or radon levels need to be declared here. This is important for buyers who may wish to assess potential risks to the property.

Parking

Information on parking arrangements must be provided. For example, does the property have a dedicated parking space, a garage, or a driveway? Is the parking shared with neighbours or located on the street?

Other Charges

Sellers need to disclose any additional financial responsibilities that the buyer will inherit, such as ground rent, service charges, or fees for using communal facilities like gardens or parking areas.

Occupiers

The seller must confirm who currently lives in the property and whether they will vacate the property on completion of the sale. This helps buyers understand if they will take full possession of the property at the agreed time.

Completion Date

The seller is asked to provide an estimated date for completion. While this is subject to negotiation, giving an indication can help align expectations between the buyer and seller.

Sewerage

Sellers need to clarify whether the property is connected to mains sewerage or if it has a septic tank. If a septic tank is in place, the buyer may require more information about maintenance and location.

Utilities and Services

This section lists the utility suppliers (gas, electricity, water) and other services like broadband or phone lines. Providing these details helps the buyer in setting up their utilities after the purchase.

Supporting Documentation for the SPIF

Providing supporting documentation is a critical aspect of completing the SPIF. Sellers need to back up their claims with certificates and other official paperwork.

For example, if any electrical or gas work has been completed, it is essential to provide safety certificates. Similarly, if the property has replacement windows or doors, a FENSA certificate may be required.

Missing documentation can complicate the sale, so it is advisable to gather all relevant paperwork before filling out the form. If some documents are missing, sellers should discuss options with their conveyancer. In some cases, retrospective certifications may be required, or an indemnity policy may need to be taken out.

What Happens if the Form is Completed Incorrectly?

Since the SPIF is a legally binding document, providing incorrect or misleading information can lead to significant problems.

If the buyer discovers an inaccuracy before completion, they could withdraw from the sale or renegotiate the price. In more severe cases, if the buyer only discovers an issue after completing the sale, they could take legal action against the seller.

It is essential to take the time to complete the form carefully and thoroughly. Sellers should avoid guessing any information or leaving sections blank. If a seller is unsure about any part of the form, they should seek advice from their conveyancer to ensure it is completed accurately.

What if Information Changes?

Sometimes, new information may arise after the SPIF has been submitted. If this happens, the seller must inform their conveyancer immediately, who will then pass the updated details to the buyer’s solicitor. For example, if a planning notice is issued for nearby development, this must be disclosed even if the form has already been completed and sent.

Conclusion

The Seller's Property Information Form (SPIF) is an essential part of the conveyancing process, providing a comprehensive account of the property’s condition and any issues that could affect the buyer. It ensures transparency and protects both the buyer and seller from potential disputes after the sale is completed.

While the form is lengthy and can be time-consuming to complete, accuracy is crucial. Sellers should take their time to fill it out truthfully and ensure they provide all necessary supporting documentation. Doing so will help avoid any delays or legal complications, making the sale process smoother for everyone involved.

If you're selling a property, make sure to discuss the SPIF in detail with your conveyancer. They can provide guidance on completing the form and assist with gathering any missing paperwork, helping you navigate this important stage of the conveyancing process with ease.