PP 3 - Pre-contract searches and enquiries Flashcards
What is a report on title?
A document prepared by the buyer’s solicitor before exchange, summarising title investigation, search results, and replies to enquiries.
What are the purposes of a report on title?
- Explain material facts
- Identify issues and implications
- Provide potential solutions
What are typical contents of a report on title?
- Executive summary
- Property details
- Benefitting/burdening rights
- Search results
- Enquiries
- Planning/building regulations
- Insurance, SDLT, conclusion
What disclaimers are typically included in a report on title?
- No physical inspection
- No opinion on commerciality
- The report is confidential to the client and should not be relied upon by others.
What are the solicitor’s regulatory duties in providing a report on title?
- CCS 6.4: Inform client of material info
- CCS 8.6: Info must be clear and understandable
What is the purpose of pre-contract searches and enquiries?
- Ensure buyer is fully informed before they become legally bound
- Protects against caveat emptor
- Identify risks before exchange
When are searches usually conducted?
After receiving the draft contract and title documents — before exchange.
What are the standard searches?
- 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
What are common optional searches?
- CON29O optional enquiries
- Highway search
- Mining & subsidence searches
- Flood search
- Utility searches
- Railway/Waterway enquiries
- Environmental Phase I/II
How are searches conducted?
- Mostly online
- Via National Land Information Service (NLIS)
- Through channel providers (e.g., Searchflow)
What counts as ‘development’ requiring planning permission?
- Building works
- Material change of use
What is permitted development under the GPDO 2015?
- Minor works allowed without planning permission
- Examples: garden decking, small extensions
What restricts permitted development rights?
- Article 4 Directions
- Conservation areas (areas of special historic or architectural interest)
- Listed buildings
What is a Certificate of Lawfulness?
If unsure whether a development falls within GPDO, apply for a certificate of lawfulness (not planning permission but confirmation of legality).
What are listed buildings and what consent is needed?
- Grade I, II*, II buildings of historical interest
- Require listed building consent for alterations
What are building regulations?
Govern safety/structure of building work; consent and inspection required; separate from planning permission.
What is self-certification under building regs?
Certain works can be certified by approved professionals (e.g., Fensa for windows, Gas Safe for boilers).
What is a breach of planning control?
- Development without permission
- Breach of planning condition
What are types of planning enforcement actions?
- Enforcement Notice
- Stop Notice
- Breach of Condition Notice
- Injunction
What are the time limits for enforcement?
- Building works: 4 years
- Change of use to single dwelling house: 4 years
- Other change of use: 10 years
- Breach of planning condition: 10 years
What are buyer’s options if there is a planning or building regulation breach?
- Withdraw (drastic)
- Seller rectifies
- Retrospective planning permission
- Regularisation certificate for works without building regulations approval
- Indemnity insurance at seller’s expense
What are pre-contract enquiries and why are they important?
Questions from buyer to seller; reveal info not on title or in searches; important under caveat emptor.
What is the seller’s duty when replying to enquiries?
- Must not mislead
- Must investigate or state if no investigation
- Must update if replies are >2 months old
What are remedies for misrepresentation in replies?
- Rescission (if fraudulent or serious misrep)
- Damages (if property materially different)
What is the Law Society Conveyancing Protocol?
Guidelines for residential conveyancing; encourages transparency and consistency; mandatory for Conveyancing Quality Scheme members.
What are seller’s solicitor responsibilities under the Protocol?
- Update replies if >2 months old
- Refuse to answer non-essential or improper enquiries
What are consequences of breaching the Protocol?
- Law Society may investigate
- Risk of removal from the CQS scheme
