Protocol forms are a collection of standardised documents developed by the Law Society and used by solicitors when buying or selling residential property in England and Wales.
These forms are designed to simplify the conveyancing process by ensuring that solicitors follow a consistent procedure and that both buyers and sellers are provided with all relevant information from the outset.
Below, we will explore why protocol forms are important, outline the different types you may encounter during a property transaction, and consider the potential legal implications of completing them incorrectly.
Why do protocol forms matter in a property transaction?
Protocol Forms are a set of documents prescribed by the Law Society and designed to standardise and simplify the conveyancing process.
They play a key role in ensuring that all relevant matters are addressed and that both the buyer and seller are provided with the information they need to progress the transaction efficiently.
These forms are usually supplied to the seller by their solicitor. The seller completes them to the best of their knowledge, after which they are passed on to the buyer’s solicitor.
By completing the forms, a prospective buyer gains a clearer understanding of the property they are purchasing and what to expect from the transaction.
When completed accurately and with full disclosure, Protocol Forms can also offer protection to the seller by reducing the risk of future legal claims relating to issues such as Japanese knotweed, radon gas, or flooding.
Which protocol forms might you need to complete?
If you are selling your property, there are three main protocol forms that you are likely to be asked to complete:
Property Information Form (TA6)
This form is intended to provide detailed information about the property and its services, including utility providers and details of when services such as gas, electricity, or heating systems were last maintained.
Fixtures and Fittings Form (TA10)
This form sets out which items are included in the sale, and which are excluded. It also allows you to specify any items you are willing to sell separately for an additional cost.
Any items not included in the sale, or not purchased separately by the buyer, must be removed from the property either before or on the day of completion.
Leasehold Information Form (TA7)
This form is only required when selling a leasehold property. It asks for details of the ground rent and/or service charges you pay for, who you make payments to, and what those payments cover.
If you are unsure about any of this information, further details can usually be obtained from the freeholder or managing agent, who can clarify how service charges are calculated and used.
What happens if the information in the protocol forms is wrong?
The protocol forms clearly state that “the buyer may make a claim for compensation against you.”
Depending on whether any inaccuracies in your responses within the Property Information Form were made innocently, negligently, or fraudulently, the buyer may be entitled to seek damages from you.
In most cases, damages are assessed based on a loss of value—that is, the difference between the price the buyer paid for the property and what they would have paid had they been aware of the issue at the time of purchase. This figure does not always reflect the actual cost of remedying the problem. However, in certain circumstances, additional damages may be awarded to cover those costs.
It is important to note that the responsibility lies with the buyer to ask all relevant questions. If an issue comes to light at a later stage that the seller was not asked about and therefore did not disclose, it is unlikely that the buyer will be able to bring a successful claim.
Instructing a qualified solicitor can help ensure that all appropriate enquiries are raised, allowing buyers to confirm that the property meets their requirements before proceeding. Contact us today on 0161 696 6187 to speak with our specialist solicitors.
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