Property Forms (Protocol)

Sometimes called Protocol forms these are the forms that the Seller fills in giving the buyer more information.

Until the Law Society protocol was introduced and standardised these forms, there were a few different types of enquiries used. These forms created a standardised set of questions in a user friendly format for all Solicitors in residential transactions.

These forms are still owned by the Law Society so if you use a non-SRA regulated firm when you are selling, the forms will be in a slightly different format and may have different questions.

When the Law Society introduced the Conveyancing Quality Scheme (CQS) use of these forms became compulsory for CQS firms. So what are these forms and why are they important?

In the industry we tend to call them protocol forms, although so many forms now are part of the conveyancing protocol that the term isn’t particularly relevant, and we tend not to use the term with clients as it can be confusing.

These forms have had a few different names over the years and I will go into that another time. These are only usually used on residential property transactions, although there are other versions that are suited more to brand new properties (newbuild) and commercial or mixed use premises.

I will do a post with more detail on some of the content and questions, but the 2 most widely used initial forms that get filled in by a Seller are the Property Information Form (PIF) and Fittings and Contents Form (FCF).

If the property is Leasehold (more on that later) then there is also a Leasehold Information Form (LIF) for the Seller to complete. There’s also one for Commonhold but again more on that in another blog.

It is recommended that the Seller fills in these forms as early as possible, and in some cases they are recommended at the time the property is placed on the market before a buyer is found, which helps to speed up the conveyancing process. Having said that, not all sellers may know what items they are leaving at the property, as it may depend on what is included in any new house they are buying, or on the price achieved.

The Fittings and Contents Form is a list of items at the property that are included in the sale price. It includes carpets, curtains, white goods and appliances and other things that are commonly included or excluded from a property sale. It enables the Seller to tick what is included and also if any items are available for sale and at what cost.

The Property Information Form is a questionnaire with standard questions about the property being sold. It has questions on boundaries, alterations to the property, planning and building control, electrical and gas systems and safety checks carried out, and many more. It is intended to be written in plain English and to be easily understood for both the Seller filling in the form, and the Buyer reading it. The form has been expanded over the years and now includes legal and non-legal questions to help give the buyer as much information as possible before they proceed. I would however mention that the Caveat Emptor (buyer beware) principle still applies. See my instagram post and highlight for a full rundown on Caveat Emptor.

The Seller does need to be open and honest when completing then form, and should anything change during the transaction the Seller is under an obligation to update the form and any relevant information, and ensure this is passed to the Buyer. There is potential for the Seller to face legal action if they give false information on the form, whether it is done deliberately or not.

The Leasehold Information Form is used in Leasehold transactions to give the buyer further information up front on costs such as ground rents and service charges as well as Landlords contact details. Unfortunately a lot of Sellers don’t have all of the information and the form contains a lot of jargon that is rarely understood. In practice this form is not relied on and instead a Leasehold Property Enquiries Form (LPE1) will be obtained from the Landlord, Management Company and/or Managing Agent. More on LPE1 in a future post. Personally I am no longer using the Leasehold Information Form, and I would be interested to read your thoughts and comments on this if you are in the industry.

I’ll sign off for now, but as usual please send any enquiries directly to me and I am happy to help.