Pre-contract Searches Flashcards

1
Q

Where do you check for planning permissions that have been refused?

A

CON29

LLC1 only shows planning permissions that have been granted

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2
Q

What are the standard searches required?

A

CON29 - standard enquiries of local authority
LLC1 - local land charges search
Drainage and water enquiries
Desktop environmental search
Chancel repair liability

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3
Q

What does CON29 cover?

A

All matters within knowledge/records of local authority

  • planning consents, refusals and completion notice
  • building regulations - if approvals and certificates have been issued
  • road and public rights of way
  • environmental notices
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4
Q

What does LLC1 cover?

A
  • planning permissions granted
  • planning enforcement / stop notices
  • article 4 directions
  • tree preservation orders
  • smoke control ordere
  • financial charges
  • conservation areas
  • permitted development order
  • listed building status
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5
Q

What does drainage and water enquiries cover?

A

Whether foul/ surface water drains to public sewers

If property is connected to mains water supply

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6
Q

What does desktop environmental search cover?

A
  • Likelihood of flooding / natural subsidence
  • industrial use of land within 250m
  • whether land has been used for contaminative land uses

(Limited in use because uses historic records and maps)

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7
Q

Chancel repair liability

A

Cost of repairing parish church

(If so - indemnity insurance required)

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8
Q

What is CON29O?

A

Optional local searches - select applicable searches

Usually not necessary for residential properties but used in commercial properties

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9
Q

What does CON29O cover?

A
  • common land/ village green
  • noise abatement zones
  • areas of outstanding natural beauty
  • pipelines
  • commons registration search
  • road proposals by private bodies
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10
Q

What does highways search show?

A

Boundary of public highway on a map.

Must check property abuts the highway. If not, need to ensure appropriate rights of access.

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11
Q

When is coal mining search required?

A

When near coal mines - identifies risk of subsidence and whether compensation has been paid (which means further compensation will not be paid)

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12
Q

When is cheshire salt search required?

A

When property near salt mines

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13
Q

What is environmental phase 1 survey?

A

More detailed than desktop

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14
Q

When should environmental phase 2 search be conducted?

A

If phase 1 search indicates risk of contamination

Phase 1 - physical inspection
Phase 2 - testing of samples

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15
Q

When is flood search required?

A

When desktop shows likelihood of flooding (based on past historical records).

This provides further information

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16
Q

When is utility providers search required?

A

When property is a new development - checks property has benefit of connections for gas etc

17
Q

When is waterways search required?

A

Where property has a waterway (river or canal) passing through or next to it.

18
Q

What does waterways search show?

A

Liability for maintenance of riverbank
Rights of way for banks and tow paths
Draining and fishing rights
Owner’s liability for flooding (NOT flood risk)

19
Q

What is the National Land Information Service?

A

Online portal acting as intermediary between solicitors and various search institutions.

20
Q

Where to check for planning enforcement/ stop notices?

A

LLC1

21
Q

Possible searches required relating to title/seller?

A

Index map search
Central Land Charges Search Form
Bankruptcy search
Companies search

22
Q

When should central land charge search be carried out?

A

When property is unregistered - usually when deducing/investigating title (by buyer)

23
Q

When should companies search be carried out?

A

When seller is a company - to check company is in existence and has not got into liquidation