Would Gibraltar benefit from the use of Law Society style TA Forms to speed up Gibraltar's property sales?

Selling property is rarely a simple process.  Even when all parties are motivated and professional, transactions can slow down because of timing, information flow, or the inevitable complexity that comes with transferring legal title.  In England and Wales, one of the tools used to help manage this complexity is the Law Society’s Transaction (TA) Forms, which aim to standardise the information provided by sellers at an early stage of the transaction.

This raises a reasonable question for Gibraltar’s property market - not as a criticism of current conveyancing practices, but as a point of discussion: could a similar approach, adapted to local conditions, help make transactions smoother and more predictable for everyone involved?

What Are the UK Law Society TA Forms?

In England and Wales, the Law Society has developed a suite of standard forms used in residential conveyancing.  The most commonly used include:

• TA6 – Property Information Form, covering matters such as boundaries, services, disputes, alterations and utilities

• TA10 – Fixtures and Contents Form, clarifying what is included in the sale

• TA7 – Leasehold Information Form, for leasehold properties

These forms are completed by the seller and are provided to the buyer’s solicitor as part of the pre-contract information pack.  The intention is not to replace legal advice or enquiries, but to provide a consistent baseline of information early in the process.

Importantly, these forms sit within a very specific legal and regulatory framework in England and Wales and are widely understood by lawyers, lenders and agents operating in that system.

Gibraltar’s Conveyancing Landscape

Gibraltar’s property system is well established and rooted in English common law, but it is - crucially - its own jurisdiction with distinct legislation, procedures, and professional norms.  Property transactions here are typically handled through bespoke pre-contract enquiries raised by the buyer’s lawyer, followed by the drafting and negotiation of a sale and purchase agreement.

From an estate agent’s perspective, this system generally works well, particularly given the relatively small and professional nature of the market.  That said, no conveyancing system is immune from delays, especially where information is requested late, incomplete, or needs to be revisited several times.

These delays are rarely anyone’s “fault” - they are often simply a consequence of how and when information is gathered.

Why Standardised Information Is Sometimes Discussed

In the UK, standard forms were introduced not because lawyers were doing anything wrong, but because the industry recognised that many of the same questions were being asked in every transaction, often multiple times and in slightly different ways.

The thinking was straightforward:

• Sellers often already know much of the information buyers will need

• Buyers’ lawyers tend to ask similar core questions on most transactions

• Gathering this information earlier can help prevent surprises later

From an estate agent’s standpoint, earlier clarity can sometimes help reduce aborted transactions, last-minute renegotiations, or unnecessary delays - all outcomes that benefit buyers, sellers and professionals alike.

Would Something Similar Be Helpful in Gibraltar?

This is where the discussion becomes interesting - and where it is important to be clear about what is not being suggested.

This is not about importing UK forms wholesale, nor about telling Gibraltar lawyers how to practice.  Gibraltar’s legal framework, property structures and market realities are different, and any documentation used here would need to reflect local law and custom.

However, it is reasonable to ask whether a locally appropriate, voluntary, standardised information format - developed by lawyers, for lawyers - could offer some practical benefits, such as:

• Encouraging sellers to think about key property details earlier

• Reducing duplication of routine enquiries

• Helping buyers understand material facts sooner in the process

• Making timelines more predictable, especially in chain transactions

These are not legal objectives as such, but transactional efficiency goals that sit at the intersection of law, agency, and client expectations.

The Relevance of UK Legal Experience

Many Gibraltar practitioners are also members of the Law Society of England and Wales, and some have practised or trained in the UK.  As a result, there is already a strong shared understanding of how standardised conveyancing documentation can work - as well as where its limitations lie.

This familiarity does not mean Gibraltar should follow the UK model, but it does mean that the concept itself is not unfamiliar.  Any discussion around standard forms would naturally be led by the Legal Services Regulatory Authority and the wider legal profession, and shaped around Gibraltar-specific requirements.

Potential Benefits - Without Changing the Role of Lawyers

If such forms ever existed locally, they would not replace legal judgement, bespoke enquiries or professional discretion.  Rather, they could function as a starting point, helping ensure that common factual information is gathered consistently and early.

From an estate agent’s point of view, anything that:

• reduces uncertainty

• improves communication

• or helps transactions progress more smoothly

...is generally positive - provided it respects professional boundaries and legal realities.

Equally, There Are Reasons for Caution

There are also valid reasons why Gibraltar has not historically relied on standardised disclosure forms:

• The market is smaller and more bespoke

• Properties can vary significantly in structure, tenure and history

• Lawyers may prefer flexibility over standardisation

• Any formalised system would require agreement, oversight and upkeep

These considerations underline why this is not a question of “should” or “shouldn’t”, but rather one of whether there is room for discussion or experimentation.

A Conversation, Not a Proposal

Ultimately, this is not about suggesting that conveyancing in Gibraltar is broken, nor that lawyers need to change how they work.  The system functions - and functions well - because of the expertise of local professionals.

It is simply an observation that, in other jurisdictions, standardised information tools have been used to help transactions move more smoothly, and that exploring ideas does not equate to criticising existing practice.

For estate agents, lawyers, buyers and sellers alike, the shared goal is straightforward: clear information, fewer surprises, and transactions that progress as smoothly as possible.

Whether standardised property information forms ever have a role to play in Gibraltar is ultimately a matter for the legal profession.  From the agency side, the discussion itself reflects a common interest in collaboration, efficiency and client experience - rather than any desire to dictate how conveyancing should be done.