Conveyancing might seem like an intimidating process for first time buyers and those who aren’t familiar with what’s involved. Fortunately, there’s a number of frameworks which experienced solicitors use to navigate the process. One such measure are conveyancing protocol forms. In this article, you’ll find details on what protocol forms are, what they are used for, and when certain types of form are needed during a property transaction.
Role of protocol forms in conveyancing
The aim of protocol forms is to make the conveyancing process as smooth as possible, thereby reducing time spent. These forms therefore see use in both the sale and purchase of residential and commercial property. Protocol forms hold conveyancers to a set procedure that is designed to gather all the information necessary for the sale or purchase of the property. These forms also serve as a record that can easily be referred to by any of the parties involved. This helps to ensure all the information is correct during the conveyancing process before the exchange of contracts.
What are protocol forms in property conveyancing?
A protocol form appears as a physical document which is divided into sections each relating to a different type of information that is required for the purchase. The form itself will be based on a certain area of the conveyancing process. For instance, you will need information from the developer for the purchase of a new build home. Protocol forms are provided by the Law Society, typically to the seller to fill out and then are to be passed to the buyer at a later date.
Oftentimes, protocol forms also contain specific questions for the seller with regards to certain aspects of the property. They should be completed accurately to make sure both parties are protected from any potential legal claims that could result from the transaction. These questions can relate to:
- Property boundaries.
- Current residence.
- Details of utility suppliers.
- Any past disputes that have occurred at the property.
- When you are planning to vacate the property if the sale goes through.
Types of protocol form
There are a variety of protocol forms used in conveyancing, which can differ based on the type of property transaction. This is because each form may relate to a different aspect of the property in question. Common examples include:
- Required Commonhold Information Form (TA4) – commonhold is a system of property ownership that combines elements of freehold and leasehold. This can also apply to both residential and commercial properties. The TA4 form is designed to provide detailed information around the sale and purchase of commonhold property.
- Property Information Form (TA6) – intended to allow the seller to provide detailed information about the property itself, such as the age of fixtures and whether or not the property has listed status. This should be filled out carefully and honestly in order to prevent renegotiation being entered into following a property survey.
- Fittings and Contents Form (TA10) – this form is concerned with the items and equipment that are kept in the property but not included in the sale. This form is designed to prevent confusion for buyers, as it establishes what is and isn’t included in the purchase. However, if the buyer offers to buy any items listed in the TA10 form and add them to the property sale, this can be negotiated.
- Leasehold Information Form (TA7) – this is a requirement when selling a leasehold property. The form details about the lease such as ground rent, service charges, and more.
- Completion Information and Undertakings (TA13) – as the name suggests, this protocol form is designed to make sure the buyer has all the information they need to complete the transaction. This can include information about vacant possession, deeds, mortgages, bank details, and more depending on the sale. Be aware that only the updated version from January 2023 should be used.
Expert conveyancers for residential and commercial property
As mentioned in this post, there are certain types of protocol form that are unique to certain types of property transaction. Only an expert property solicitor will have the awareness to prescribe the correct forms you need when you decide to sell your property. The Toomey Legal team is committed to guiding you through the conveyancing process as fast as possible, whether you’re a buyer or a seller. Not only that, but we’ll also ensure you have all the information you need to make the right decisions. Don’t hesitate to contact us if you have any questions.