TA6 Section 8: Other Charges Affecting the Property

Section 8 of the TA6 form asks about charges that are attached to the property and will transfer to the buyer on completion. Unlike utility bills or council tax — which are personal to the occupier — these are financial obligations that "run with the land," meaning they bind every future owner regardless of whether they agreed to them.

For many properties, Section 8 is simple — there are no such charges, and the answer is a straightforward "None." But for properties on managed estates, properties with historic obligations, or those on unadopted roads, this section requires careful attention. Getting it wrong can lead to misrepresentation claims, delayed transactions, and frustrated buyers.

This guide explains the types of charges you may need to disclose, how to check whether any apply, and what the buyer's solicitor will expect to see.

What does TA6 Section 8 ask?

Section 8 is titled "Other Charges". It asks whether there are any charges you pay for the use or maintenance of communal or shared areas, or any other financial obligations registered against the property. Specifically, it covers:

• Estate rent charges (also called estate charges or management charges on freehold estates)
• Contributions to the maintenance of private or unadopted roads
• Charges for communal areas — gardens, play areas, parking, landscaping
• Chancel repair liability
• Other financial obligations that run with the land

This section is separate from service charges for leasehold properties, which are covered by the TA7 (Leasehold Information Form). Section 8 of the TA6 focuses on charges affecting freehold properties — although some leasehold properties may also have estate-level charges in addition to their lease-based service charges.

Estate rent charges

What they are

An estate rent charge is an annual charge imposed on each property within a private housing estate by the original developer. The charge funds the ongoing maintenance of communal areas that have not been adopted by the local authority. These typically include:

• Private roads and pavements
• Landscaped areas and green spaces
• Street lighting
• Play areas and communal facilities
• Surface water drainage systems
• Boundary fencing or walls around the estate

Estate rent charges are created by a deed (usually the original transfer deed from the developer) and are registered against each property's title at HM Land Registry. They run with the land, which means the buyer automatically inherits the obligation on completion. The charge is typically payable annually and can range from £100 to £500 or more per year, depending on the estate and the level of maintenance required.

Why they are common on new-build estates

Estate rent charges have become increasingly prevalent on new-build developments over the past two decades. The reason is straightforward: developers create communal areas (roads, green spaces, play areas) as part of the estate but do not offer them for adoption by the local authority. Instead, a management company is established to maintain these areas, funded by charges on each property.

This practice has attracted significant criticism. The Competition and Markets Authority (CMA) has investigated concerns about unfair estate management charges, and the Leasehold and Freehold Reform Act 2024 includes provisions to give homeowners more rights over estate management charges, including the right to challenge unreasonable charges and to apply to take over management of communal areas.

What to disclose

If your property is subject to an estate rent charge, provide the following on the TA6:

• The name of the management company or rent charge owner
• The annual amount charged (and how frequently it is reviewed)
• What the charge covers
• How the charge is collected (direct debit, invoice, etc.)
• Whether there are any arrears
• Contact details for the management company

Attach copies of recent invoices and any deed of covenant or transfer deed that sets out the obligation. The buyer's solicitor will scrutinise these documents carefully, so providing them upfront saves time. If your property has arrears on any charges, disclose this and explain your plan to resolve them before completion.

Private road maintenance contributions

If the property is on an unadopted road — a road that has not been taken over by the local highway authority — you may be required to contribute to its maintenance. Unadopted roads are the responsibility of the frontagers (the property owners whose land borders the road), and the obligation to contribute to maintenance is usually set out in the title deeds or a deed of covenant.

Key details to disclose include:

• Whether the road is adopted or unadopted
• The basis for the maintenance obligation (deed of covenant, title restriction, or informal arrangement)
• How much you typically contribute and how often
• Who organises the maintenance (a management company, a residents' group, or an ad hoc arrangement among neighbours)
• The current condition of the road

The buyer's solicitor will check whether the road is adopted as part of the local authority search. If it is not, they will raise enquiries about maintenance obligations, so having clear answers ready prevents delays.

Chancel repair liability

What it is

Chancel repair liability is a historic obligation under which the owners of certain properties may be required to contribute to the cost of repairing the chancel (the eastern end) of a medieval parish church. The liability dates back to the dissolution of the monasteries in the 1530s, when Henry VIII transferred responsibility for maintaining churches from monasteries to the owners of former monastic land.

Despite its ancient origins, chancel repair liability is a real financial risk. In the case of Aston Cantlow PCC v Wallbank [2003], the House of Lords upheld a claim requiring the property owners to pay over £95,000 towards chancel repairs. This case made clear that chancel repair liability can be enforced and can involve very significant sums.

How to check if it applies

You can order a chancel repair liability search from a specialist provider. This search checks parish records and tithe maps to determine whether your property falls within an area where chancel repair liability may apply. The search typically costs between £20 and £30.

Alternatively — and this is the more common approach — you can take out chancel repair liability indemnity insurance. This is a one-off policy (typically £20 to £30) that covers the risk for the life of the property. Many solicitors routinely arrange this insurance as a standard part of the conveyancing process.

Under the Land Registration Act 2002, chancel repair liability could be protected by the registration of a notice against the title at HM Land Registry. Parishes had until 13 October 2013 to register their claims. If a parish did not register by this date, the liability lost its "overriding interest" status for registered land — meaning it can no longer bind a buyer of registered land without notice. However, if your land is unregistered, the liability may still apply regardless.

What to disclose

If you know that chancel repair liability applies to your property (either because a notice is registered on your title or because a search has confirmed it), disclose this on the TA6. If you have indemnity insurance in place, mention this and provide details. If you do not know whether it applies, say so — the buyer's solicitor will typically arrange a search or insurance as part of the conveyancing process.

Other charges that may run with the land

Beyond estate rent charges and chancel repair liability, there are several other financial obligations that may need to be disclosed:

How to check what charges apply to your property

1. Download your title register. Available from HM Land Registry for £3 at gov.uk/search-property-information-service. The Charges Register section lists any registered financial obligations, including estate rent charges, restrictive covenants, and positive covenants.
2. Review your original transfer deed. The deed by which you purchased the property may contain covenants requiring you to pay charges. Your solicitor should hold a copy, or you can obtain one from HM Land Registry.
3. Check management company correspondence. If your property is on a managed estate, review any letters, invoices, or accounts from the management company.
4. Review your conveyancing file from when you purchased. Your solicitor's report on title from when you bought the property should have flagged any charges.
5. Order a chancel repair search. If you do not already have indemnity insurance, a search will confirm whether chancel repair liability applies.

What the buyer's solicitor will want to know

When reviewing your TA6, the buyer's solicitor will focus on:

• The total annual cost. What will the buyer pay each year in charges? This affects affordability, and the buyer's mortgage lender may also factor it in.
• The legal basis for each charge. Is the charge created by deed? Is it registered on the title? Can the management company increase it without limit?
• Any arrears. If you owe money on estate charges, this will need to be resolved before completion. The buyer's solicitor may insist that arrears are paid from the sale proceeds.
• The management company's track record. For estate charges, the buyer may want to see the management company's accounts, complaints history, and details of any planned major works.
• Whether charges can be challenged. The buyer will want to know if there is any mechanism for challenging unreasonable charges, particularly following the provisions in the Leasehold and Freehold Reform Act 2024.

Common mistakes on Section 8

• Not mentioning estate rent charges. Sellers sometimes assume that because the charge is registered on the title, they do not need to mention it on the TA6. You do — the form asks you to confirm the practical details (amount, who you pay, what it covers).
• Confusing estate charges with service charges. If you own a freehold property on a managed estate, your charges go on the TA6. If you own a leasehold property, your service charges go on the TA7. Some properties may have both.
• Ignoring chancel repair liability. Even if your solicitor arranged indemnity insurance when you bought, you should mention this on the TA6 so the buyer's solicitor knows the position.
• Understating costs. If estate charges have been increasing annually, mention this. A buyer who discovers after completion that charges are much higher than expected could argue they were misled.
• Failing to disclose arrears. Any outstanding charges must be disclosed. The buyer's solicitor will request a management information pack that reveals arrears, so omitting them creates an obvious contradiction.

Tips for completing Section 8

• Be specific about amounts and frequency. State the exact annual charge, when it is payable, and to whom. Vague answers generate enquiries.
• Attach supporting documents. Include recent invoices, the management company's contact details, and copies of any deeds setting out the charge. This saves the buyer's solicitor from requesting them separately.
• Clear any arrears before listing. If you owe money on estate charges, settle the debt before or alongside the sale to avoid complications.
• Mention any disputes. If you are in dispute with the management company about the level of charges, or if there is a wider estate dispute about management, disclose this honestly.
• Check for upcoming increases. If you know that the management company is planning a significant increase or a major works project, mention it. The buyer deserves to know.

Sources

• Law Society of England and Wales — Property Information Form (TA6), 4th edition, 2020
• Rentcharges Act 1977 — legislation.gov.uk
• Land Registration Act 2002 (chancel repair liability provisions) — legislation.gov.uk
• Aston Cantlow PCC v Wallbank [2003] UKHL 37
• Leasehold and Freehold Reform Act 2024 — legislation.gov.uk
• Competition and Markets Authority — Residential estate management: investigation and findings — gov.uk
• HM Land Registry — Title register and title plan search: gov.uk/search-property-information-service
• Misrepresentation Act 1967 — legislation.gov.uk
• Gov.uk — Chancel repair liability guidance
• National Trading Standards Estate and Letting Agency Team — Material Information guidance — ntselat.gov.uk

Related guides

• TA6 Section 3: Notices from Local Authorities
• TA6 Section 7: Parking Arrangements

Frequently asked questions