PP 3 - Pre-contract searches and enquiries Flashcards

1
Q

What is a report on title?

A

A document prepared by the buyer’s solicitor before exchange, summarising title investigation, search results, and replies to enquiries.

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2
Q

What are the purposes of a report on title?

A
  • Explain material facts
  • Identify issues and implications
  • Provide potential solutions
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3
Q

What are typical contents of a report on title?

A
  • Executive summary
  • Property details
  • Benefitting/burdening rights
  • Search results
  • Enquiries
  • Planning/building regulations
  • Insurance, SDLT, conclusion
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4
Q

What disclaimers are typically included in a report on title?

A
  • No physical inspection
  • No opinion on commerciality
  • Client-only confidentiality
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5
Q

What are the solicitor’s regulatory duties in providing a report on title?

A
  • CCS 6.4: Inform client of material info
  • CCS 8.6: Info must be clear and understandable
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6
Q

What is the purpose of pre-contract searches and enquiries?

A
  • Ensure buyer is fully informed
  • Protect against caveat emptor
  • Identify risks before exchange
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7
Q

When are searches usually conducted?

A

After receiving the draft contract and title documents — before exchange.

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8
Q

What are the standard searches?

A
  • Local Authority Search (LLC1 + CON29)
  • Drainage & Water (CON29DW)
  • Environmental Search
  • Chancel Repair Search
  • Land Charges (K15 for unregistered)
  • Search of the Index Map (SIM)
  • Bankruptcy Search (K16)
  • Companies Search
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9
Q

What are common optional searches?

A
  • CON29O optional enquiries
  • Highway search
  • Mining & subsidence searches
  • Flood search
  • Utility searches
  • Railway/Waterway enquiries
  • Environmental Phase I/II
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10
Q

How are searches conducted?

A
  • Mostly online
  • Via National Land Information Service (NLIS)
  • Through channel providers (e.g., Searchflow)
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11
Q

What counts as ‘development’ requiring planning permission?

A
  • Building works
  • Material change of use
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12
Q

What is permitted development under the GPDO 2015?

A
  • Minor works allowed without planning permission
  • Examples: garden decking, small extensions
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13
Q

What restricts permitted development rights?

A
  • Article 4 Directions
  • Conservation areas
  • Listed buildings
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14
Q

What is a Certificate of Lawfulness?

A

Confirms existing/proposed development is lawful; not planning permission.

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15
Q

What are listed buildings and what consent is needed?

A
  • Grade I, II*, II buildings of historical interest
  • Require listed building consent for alterations
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16
Q

What are building regulations?

A

Govern safety/structure of building work; consent and inspection required; separate from planning permission.

17
Q

What is self-certification under building regs?

A

Certain works can be certified by approved professionals (e.g., Fensa for windows, Gas Safe for boilers).

18
Q

What is a breach of planning control?

A
  • Development without permission
  • Breach of planning condition
19
Q

What are types of planning enforcement actions?

A
  • Enforcement Notice
  • Stop Notice
  • Breach of Condition Notice
  • Injunction
20
Q

What are the time limits for enforcement?

A
  • Building works: 4 years
  • Dwelling change of use: 4 years
  • Other use/conditions: 10 years
21
Q

What are buyer’s options if there is a breach?

A
  • Withdraw
  • Seller rectifies
  • Retrospective permission
  • Regularisation certificate
  • Indemnity insurance
22
Q

What are pre-contract enquiries and why are they important?

A

Questions from buyer to seller; reveal info not on title or in searches; important under caveat emptor.

23
Q

What forms are used in residential property?

A
  • TA6: Property info
  • TA10: Fixtures/fittings
  • TA7: Leasehold
  • TA8: New builds
24
Q

What forms are used in commercial property?

A
  • CPSE 1: All commercial properties
  • CPSE 2–6: Specific situations (e.g., leases)
25
Q

What is the seller’s duty when replying to enquiries?

A
  • Must not mislead
  • Must investigate or state if no investigation
  • Must update if replies are >2 months old
26
Q

What are remedies for misrepresentation in replies?

A
  • Rescission (if fraudulent or serious misrep)
  • Damages (if property materially different)
27
Q

What is the Law Society Conveyancing Protocol?

A

Guidelines for residential conveyancing; encourages transparency and consistency; mandatory for Conveyancing Quality Scheme members.

28
Q

What are seller’s solicitor responsibilities under the Protocol?

A
  • Update replies if >2 months old
  • Refuse to answer non-essential or improper enquiries
29
Q

What are consequences of breaching the Protocol?

A
  • Law Society may investigate
  • Risk of removal from the CQS scheme