TA6 Guarantees and Warranties Section: How to Complete It Correctly

If you're selling a property in England or Wales, the TA6 Property Information Form requires you to answer detailed questions about guarantees, warranties, and indemnity policies relating to your home. This is one of the sections that regularly triggers follow-up enquiries from the buyer's solicitor, particularly when documents are missing or incomplete.

The good news is that with some preparation, you can complete this section thoroughly and avoid the delays that catch many sellers off guard. This guide walks you through exactly what the section asks, what documents you need, and how to handle the common situation where a guarantee has been lost or was never issued.

What does the TA6 guarantees section ask?

In the current 4th edition of the TA6 (published by the Law Society in 2020), guarantees and warranties are covered in Section 5. The section asks three core questions:

1. Are there any guarantees or warranties for any of the following: new-build warranty (such as NHBC), damp proofing, timber treatment, windows, roofing, underpinning, central heating, or any other work?
2. Are you aware of any breach of the terms of any guarantee or warranty?
3. Please supply copies of all guarantees, warranties, and related documentation.

For each guarantee, you are expected to provide the name of the issuing company, the date of issue, the duration of cover, whether it is transferable to a new owner, and a copy of the actual document. The buyer's solicitor will review every item carefully, and any gaps will prompt additional enquiries that slow the transaction.

Types of guarantees you need to disclose

The TA6 guarantees section covers a wide range of documents. Here is a breakdown of the most common types and what the buyer's solicitor will expect to see for each:

New-build structural warranties

If your property was built within the last 10 to 12 years, a structural warranty from a recognised provider is one of the most important documents in the sale. The main providers are NHBC Buildmark (covering approximately 80% of new homes in the UK), LABC Warranty, and Premier Guarantee. These warranties typically last 10 years from the date of completion and cover structural defects in the building.

Most mortgage lenders will not lend on a property under 10 years old without a structural warranty from an approved provider. If your warranty has expired because the property is older than 10 years, you should still disclose that the warranty existed, as it provides evidence that the property was built to the required standards.

Damp proofing and timber treatment guarantees

Specialist damp proofing and timber treatment work is typically carried out by contractors registered with the Property Care Association (PCA). These guarantees usually last 20 to 30 years and are often insurance-backed, meaning they remain valid even if the contractor ceases trading. If your property has had a damp proof course installed or woodworm treatment carried out, the buyer's solicitor will expect to see the guarantee certificate.

Insurance-backed guarantees (IBGs) are particularly valuable because they provide the buyer with protection regardless of the contractor's financial stability. If your guarantee is not insurance-backed, the buyer's solicitor may raise this as a concern, especially if the contractor is a small firm. For more on what happens when these documents are missing, see our guide on selling a house with missing guarantees.

Window and door certificates

Replacement windows and external doors installed after 1 April 2002 must comply with Building Regulations Part L. Compliance is usually evidenced by a FENSA certificate, a CERTASS certificate, or a local authority building regulations completion certificate. You should list these in the guarantees section and attach copies.

A missing window certificate is one of the most common conveyancing issues. If you cannot locate your FENSA or CERTASS certificate, search the FENSA database at fensa.org.uk using your postcode. If no record exists, your solicitor can arrange indemnity insurance. Many window manufacturers also provide separate guarantees on the sealed glass units (typically 10 to 20 years), which should be disclosed as well.

Roofing guarantees

If the roof has been replaced or significantly repaired, you should disclose any guarantees covering the work. There are typically two separate guarantees to look for: a manufacturer warranty on the roofing materials (often 10 to 40 years) and an installer guarantee on the workmanship (typically 10 to 20 years). Some roofing contractors also offer insurance-backed guarantees through schemes such as the Confederation of Roofing Contractors (CORC).

Underpinning guarantees

If the property has been underpinned to address subsidence, the guarantee from the underpinning contractor is essential. These typically last 10 to 12 years. Mortgage lenders pay particular attention to underpinning, and many will also require a structural engineer's report and evidence of a monitoring period showing the property is stable. Underpinning without documentation can make the property extremely difficult to mortgage.

Central heating and boiler guarantees

If a new boiler or central heating system has been installed, you should disclose the manufacturer's warranty and any installation guarantee. Gas work must be carried out by a Gas Safe-registered engineer, and the corresponding Gas Safe certificate should be provided. Many modern boilers come with manufacturer warranties of 5 to 10 years, and some extended warranties are only valid if the system has been serviced annually.

Electrical installation certificates

Since 2005, most electrical work in England has been notifiable under Part P of the Building Regulations. A full rewire or new consumer unit should come with an electrical installation certificate (EIC) from a registered electrician (such as NICEIC or NAPIT). Minor electrical work should come with a minor works certificate. These documents provide evidence that the work was carried out safely and to the required standard. For more on what happens when building regulations sign-off is missing, see our guide on building regulations sign-off missing.

Cavity wall and loft insulation guarantees

If cavity wall insulation or loft insulation has been installed, particularly under a government scheme such as the former Green Deal, there may be a guarantee covering the work. Cavity wall insulation guarantees typically last 25 years and are issued through CIGA (Cavity Insulation Guarantee Agency). If your property has had cavity wall insulation and you hold a CIGA certificate, include it in your TA6 response.

How to complete the section step by step

The most effective approach is to work through the section methodically. Here is a practical process:

1. Audit your property paperwork. Go through your filing cabinet, email records, and any documentation held by your solicitor or mortgage lender. Make a list of every piece of work that has been done to the property and whether a guarantee exists for it.
2. Create a schedule. For each guarantee, note the issuing company, the date of issue, the expiry date, whether it is insurance-backed, and whether it transfers automatically to a new owner. This schedule will be invaluable for your solicitor.
3. Attach copies of every document. The TA6 asks you to supply copies, not just describe them. Scan or photocopy every guarantee and warranty you hold and include them with the completed form.
4. Note any missing documents. If you know work was done but cannot locate the guarantee, say so honestly. For example: "Damp proof course installed by [company name] in approximately 2015. Guarantee believed to have been issued but cannot be located. Efforts to trace the document are ongoing."
5. Check transferability. Review the terms of each guarantee to confirm whether it transfers automatically or requires formal assignment. If assignment is needed, ask your solicitor to handle this before completion.

Summary of common guarantees and their details

The following table provides a quick reference for the most common guarantees that arise in the TA6:

What to do when guarantees are missing

Missing guarantees are one of the most common issues in residential conveyancing. If you cannot find a guarantee document, you have several options before resorting to indemnity insurance:

Trace the original document

Contact the issuing company, trade body, or certification scheme directly. NHBC, LABC Warranty, Premier Guarantee, FENSA, CERTASS, and the Property Care Association all maintain databases and can confirm whether a guarantee was issued for your property. Many will issue a replacement document for a small fee. You should also check your conveyancing file from when you purchased the property, as guarantees are often held with the title deeds by your solicitor or mortgage lender.

Arrange indemnity insurance

If the guarantee genuinely cannot be traced, your solicitor can arrange an indemnity insurance policy. This is a one-off policy (typically \u00a320 to \u00a3300) that covers the buyer and their mortgage lender against the financial risk that the work turns out to be defective. The policy lasts indefinitely, transfers to future owners, and requires no annual renewal.

Indemnity insurance is widely accepted by buyer solicitors and mortgage lenders as a pragmatic solution. However, it does not certify that the work was done to the correct standard \u2014 it only transfers the financial risk. There is also a critical condition: you must not have contacted the relevant authority or body about the issue before the policy is arranged, as doing so may invalidate the policy.

Apply for retrospective certification

Where the missing guarantee overlaps with missing building regulations sign-off \u2014 for example, replacement windows without a FENSA certificate \u2014 you may be able to apply for a regularisation certificate from your local authority under regulation 18 of the Building Regulations 2010. This involves an inspection and a fee (typically \u00a3200 to \u00a3500), but provides formal confirmation that the work meets the Building Regulations. Note that you cannot pursue regularisation and indemnity insurance simultaneously \u2014 once you contact the local authority, the indemnity route is usually closed.

Common mistakes sellers make on this section

Based on the enquiries that buyer solicitors most frequently raise, here are the mistakes to avoid when completing the guarantees and warranties section:

1. Forgetting to include expired guarantees. Even if a guarantee has run its full term, the buyer's solicitor wants to know it existed. It provides evidence that the work was done professionally and to a recognised standard. Omitting it can raise unnecessary questions.
2. Not checking transferability. Some guarantees require formal assignment to the new owner before or at completion. If you do not check this in advance, it can cause last-minute complications. Your solicitor should handle the assignment, but you need to flag which guarantees require it.
3. Listing the guarantee but not attaching a copy. Mentioning that a guarantee exists without providing the actual document will trigger an immediate enquiry from the buyer's solicitor. Always attach copies of every document you reference.
4. Failing to disclose work that should have had a guarantee. If you know that damp proofing or replacement windows were installed but a guarantee was never issued, you must still disclose the work. Saying nothing and hoping the buyer will not notice is risky \u2014 their surveyor or the alterations section of the TA6 may reveal it.
5. Confusing a receipt or invoice with a guarantee. A paid invoice from a contractor is not the same as a formal guarantee or warranty. While an invoice can be useful supporting evidence, the buyer's solicitor will expect to see the actual guarantee document, particularly if it is insurance-backed.
6. Leaving the section blank. A blank answer forces the buyer's solicitor to raise an enquiry, adding days or weeks to the process. If no guarantees exist, state this clearly: "No guarantees, warranties, or indemnity policies are held for the property. No specialist work requiring a guarantee has been carried out during our ownership."

For a broader overview of mistakes across the entire TA6 form, see our guide on TA6 common mistakes sellers make.

What the buyer's solicitor will check

When the buyer's solicitor receives your completed TA6, they will review the guarantees section alongside the alterations section and the property survey. Specifically, they will check:

• Whether every piece of work disclosed in the alterations section has a corresponding guarantee or certificate.
• Whether the guarantees are still within their coverage period or have expired.
• Whether the guarantees are transferable to the buyer, and if so, whether any formal assignment is needed.
• Whether any guarantees are insurance-backed, which is particularly important for damp proofing and timber treatment.
• Whether the buyer's mortgage lender has specific requirements regarding guarantees \u2014 particularly for properties under 10 years old where a structural warranty is usually mandatory.

If anything is missing or unclear, the buyer's solicitor will raise pre-contract enquiries. Having thorough answers and documentation ready from the outset significantly reduces the number of follow-up questions and keeps the transaction moving.

Your duty of disclosure

The information you provide on the TA6 is legally significant. Under the seller's duty of disclosure, you must answer honestly and not conceal information that a reasonable buyer would want to know. This applies to the guarantees section just as much as to any other part of the form.

If a buyer discovers after completion that you failed to disclose a known issue with a guarantee \u2014 or that you claimed a guarantee existed when it did not \u2014 they may have a claim against you for misrepresentation under the Misrepresentation Act 1967. Fraudulent misrepresentation (deliberate lies) carries the most serious consequences, but even negligent misrepresentation (careless answers) can result in a damages claim.

The Consumer Protection from Unfair Trading Regulations 2008 also reinforce the principle that buyers are entitled to accurate information about the property they are purchasing. While these regulations primarily target estate agents, they set the broader standard for transparency in property transactions.

Preparing the guarantees section before you list

The most effective way to handle the guarantees section is to complete it before you put your property on the market. By gathering all your guarantee documents early, you can:

• Identify any missing documents and begin tracing them immediately, rather than waiting until the buyer's solicitor asks for them.
• Arrange indemnity insurance for any guarantees that genuinely cannot be found, so the policy is ready to include in the contract pack.
• Check transferability and begin the formal assignment process for any guarantees that require it.
• Present a complete, professional package to the buyer's solicitor from day one, reducing the number of pre-contract enquiries and speeding up the transaction.

This upfront approach is exactly what Pine is designed to support. By getting your property information forms completed before your buyer arrives, you create a solicitor-ready legal pack that can be handed over immediately, cutting weeks off the conveyancing timeline and significantly reducing the risk of your sale falling through.

Sources

• Law Society of England and Wales \u2014 Property Information Form (TA6), 4th edition, 2020
• Law Society Conveyancing Protocol, 5th edition \u2014 lawsociety.org.uk
• NHBC (National House Building Council) \u2014 nhbc.co.uk
• LABC Warranty (Local Authority Building Control) \u2014 labcwarranty.co.uk
• Property Care Association (PCA) \u2014 property-care.org
• FENSA (Fenestration Self-Assessment Scheme) \u2014 fensa.org.uk
• CIGA (Cavity Insulation Guarantee Agency) \u2014 ciga.co.uk
• UK Finance Mortgage Lenders' Handbook \u2014 ukfinance.org.uk
• Misrepresentation Act 1967 \u2014 legislation.gov.uk
• Consumer Protection from Unfair Trading Regulations 2008 \u2014 legislation.gov.uk
• The Building Regulations 2010 (SI 2010/2214), regulation 18 (regularisation) \u2014 legislation.gov.uk

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