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
Who is the Commercial Drainage & Water Search sent to
Relevant company
Search if Desktop flags potential contamination
Phase I
Gordon v Selico ratio
S cannot deliberately mislead in answering B’s Qs
When is a full structural survey appropriate
Old + expensive
Why SIM
Shows registered land in the are + caution against 1st reg
Why is Chancel Repair Search carried out
For if maintenance of C of E Church
Which out of LLC1 and CON29 give more info on planning issues
CON29
Reply ‘as far as S aware’ suggests reasonable investigation case
William Sindall
Phase I/II Survey sent to
Via environmental search provider
Who is LLC1 sent to
Via NLIS or direct to LA
If Chancel Repair Search shows maintenance costs, what might S be asked
To buy chancel repair insurance
Who is Chancel Repair Search sent to
Via search provider or search National Archives
Search to find out responsibility of maintaining waterway
Waterways Search
What is a Homebuyer’s survey
Residential, more details
Why is CH search carried out
To check solvency and charged assets of S
Why is CPSE carried out
Info from seller
What searches make up the ‘Local Search’
LLC1 and CON29
Search to get info from S
CPSE
How many compulsory searches in total
10
Ladenbau ratio
It is negligent not to search Common Land Register if open land
How does CON29 give more info on planning issues
Inc. BRs, refused and pending PPs
William Sindall ratio
Reply ‘as far as S aware’ suggests reasonable investigation
Search to check for maintenance of C of E church
Chancel Repair
Why carry out Phase I Survey
Desktop flags potential contamination
Search to check connected to mains, metered service etc.
Commercial Drainage & Water
How many compulsory searches
8
Why is LLC1 carried out
PP, CA (after 31/08/1974), LB, Article 4, Enforcement/Stop notices, TPOs and smoke control
6 optional searches
CON29M, CON290, Company search, waterways search, Phase I/II Survey and Utility Searches
Who is a Company Search sent to
CH
8 compulsory searches by B’s S
LLC1, CON29, SIM, Desktop, Commercial Water & Drainage, Chancel Repair, Highways and CPSEs
Search to check for (un)reg land + cautions against 1st reg
SIM
Why is it important to know if there is common land on the property
If there is, it cannot be built on
How many optional searches
6
Different levels of structural survey
Valuation report –> Homebuyer’s survey –> Full structural survey
Search to show granted PP; CA; LB; Article 4; E/SN
LLC1
LA liability for CON29
Subject to exclusion clause, could sue LA in negligence
When is it safe to rely on LLC1
If less than 3 months old.
Why is CON29 to find out Pub/Priv roads useful?
For adoption + contribution by frontagers for ‘adoptable standard’
Why carry out Waterways Search
Responsibility of maintaining waterway; rights of way/fishing rights.
Search if purchasing from company
CH search
LA liability for LLC1
If inaccurate/misleading, compensation
What can physical inspection show
Overriding interests, e.g. actual occupation
What does Phase II survey involve
Testing soil + water - very expensive
What if CON29M shows pending or past claim for subsidence
No further payments will be made for future claims
Search to check for potential contamination, land use within 250m radius, flooding etc.
Desktop
When is Phase II carried out
Phase I identifies actual/potential contamination
What search shows if connected to mains
CD&W
What search shows land use within 250m radius
DES
Date after which, if no valuable consideration + transfer, check Chancel Repair Search
13th October 2013
