National Conveyancing Week - The Contract Pack

The Contract Pack is sent to the buyer’s Conveyancer by the seller’s Conveyancer. The pack should contain the following:-

• A draft Contract
• The Title Information Document, Filed Plan and any filed documents referred to in the Title Information Document (Conveyances, Transfers etc)
• Property Information Form (TA6) and Fittings and Contents Form (TA10). These are sometimes referred to as the Protocol Documents/Forms.
• Energy Performance Certificate (EPC)
• Any other relevant documents such as Planning Permissions, Guarantees, Gas safety Certificate

Your Conveyancer will check the Contract to ensure this is accurate and does not contain any onerous clauses . They will either make amendments to the Contract for approval by the seller’s Conveyancer, or, if the Contract is satisfactory, confirm to the seller’s Conveyancer that the Contract is approved.

The Title Information Document contains a description of the property; the names of the registered owners; the tenure of the property (whether it is freehold or leasehold); the type of title issued (eg absolute title, possessory title); how much the property was last sold for (if last sold after 2000) and details of any restrictions, easements, covenants, cautions, notices and charges. Your Conveyancer will check this document to ensure that the seller is the same as the party referred to in the Contract. The property address details will be checked and any easements/restrictions etc will also be looked at in detail to ensure that the property is not burdened with easements which could affect your enjoyment of the property or the saleability. They will also check that the property has adequate rights, for example if access to the property is over a shared driveway. If there are any charges or mortgage on the property, your Conveyancer will ensure they obtain an undertaking from the seller’s Conveyancer that these will be redeemed on completion. Each TID is different as it is unique to the property.

The Filed Plan shows the extent of the property edged in red. It is important for clients to check the plan to ensure that there are no extra parcels of land that should be included in the purchase.

These are documents completed by the seller based on their knowledge and experience of the property. The Property Information Form contains details about the property such as the boundaries the seller has maintained; what works have been carried out to the property; whether there have been any disputes; if the seller makes payment for services such as a managed areas charge; whether there are solar panels; who the utility provers are, and other information about the property.

The Fittings and Contents Form is form in which the seller ticks a box to confirm whether certain items are included or excluded from the sale. It is important for buyers to check this form to ensure that all items they are expecting to remain at the property on completion are shown as “included”.

This gives and energy efficiency rating for the property and shows the potential rating. It also shows how the energy efficiency can be improved at the property.

Once your Conveyancer has checked the Contract Pack they will raise any necessary legal enquiries with the seller’s Conveyancer. Whilst each Conveyancer may work slightly differently, at this stage most Conveyancers will email an initial report to their client with the Filed Plan, Property Information Form, Fittings and Contents Form, EPC, details of easements/covenants, together with any other relevant documentation they have received with the Contract Pack. You, as the client will need to read through the information sent to you. If you need clarity, or have queries on the documentation received, you can raise these with your Conveyancer.

Tomorrow’s blog will give further details about searches and what information is provided in the results.

Thomas Flavell & Sons, specialist Conveyancing Solicitors in the Midlands - Proud to Support National Conveyancing Week 2023.