They can ask what they like, but cannot force anyone to answer, let alone to give them the answer they would like to hear! I don't think one can expect the average member of the public to know the difference between notifiable and non-notifiable work, and this is reflected in the Law Society's standard conveyancing form ("TA6"), which (by omission/implication) asks about any work since 1st Jan 2005. The relevant section is:I'm not sure of the actual wording or law but if they can only ask about work since 2005, I don't see how non-notifiable work can be in their remit. Or conversely, if they ask about work since 2005, surely that does not include non-notifiable work.
Response (a) (which refers to a non-existent certificate!) is clearly the only one relevant to non-notifiable work, so one would have no option but to leave (b) and (c) blank in such a case. However, one could also leave them blank even in the case of notifiable work and, indeed, for either notifiable or non-notifiable work, one could also leave both boxes under (a) blank - thereby indicating that no certificate(s) was/were either 'enclosed' or was 'to follow' (i.e. one did not have such a certificate(s)!). It would then be up to the buyer and/or their solicitor to 'put that in their pipe and smoke it'!!
Kind Regards, John
