3. Pre-Contract Enquiries Flashcards
What does Phase I survey involve
Desktop study and site visit
When is a CON29M carried out
If postcode within mining area on Coal Authority website
When is a Chancel Repair Search carried out
If property not transferred for valuable consideration on/after 13th October 2013
Searches/steps that are compulsory for the BUYER only (not S)
Energy Performance Certificate and Structural Survey & Physical Inspection
CPSE sent to who
Seller’s S
Utility searches sent to
Via NLIS or direct to provider
Who is CON29 sent to
Via NLIS or direct to LA
Who is a Desktop Environmental Search sent to
Via NLIS or e.g. Searchflow
Search to show boundary of public roads
Highways Search
When carry out utility searches
If B instructs
Why carry out Commercial Drainage & Water search
Connected to mains; metered service; adoption agreement for mains/pipes
Why is CON29 carried out
Pub/Private roads; planning info wider than LLC1, environmental notices, and public right of way
When is a Company Search carried out
Purchasing from company
Who is a Waterways Search sent to
Via NLIS or letter to Canal & River Trust
Why is a Highways Search carried out
Boundary of public roads (to check property abuts + no right of access needed)
CON29O is sent to who
Via NLIS or direct to LA
Search to show BR, Pub/Priv roads, public RoW and environmental notices
CON29
Who carries out a valuation report
Valuer on behalf of lender
What CAs show on LLC1
After 31/08/1974
Why is CON29M carried out
Subsidence, coal mining, if there has been or is pending claim for subsidenc
Search for coal mining
CON29M
Who is CON29M sent to
Via NLIS or direct to Coal Authority
Who is a Highways Search sent to
LA
It is negligent not to search Common Land Register if open land
Ladenbau
Seach for common land
CON29O
How does B get energy performance certificate
In CPSEs
Why CON29O carried out
Find out if common land on property
Why is CON29 insufficient, and need to carry out Desktop
CON29 only answers about serving of environmental notices (e.g. remediation), does not answer about contamination
Why is a Desktop Environmental Search carried out
Contamination; Classification as A/B; flooding; subsidence; land use within 250m radius
S cannot deliberately mislead in answering B’s Qs
Gordon v Selico
What is the general rule when S sells to B
Caveat emptor
SIM sent to who
Via NLIS or direct to LA