Pre-Contract Searches Flashcards
Local Land Charges Search - LLC1
- Mainly shows info relating to planning law
- Main purpose to establish whether there has been any past breaches of granted planning law
- It shows:
- Any planning permission granted in the past
- Whether the property is in a coservation area and or has listed building status
- any changes in registered use that have been permitted
- Whether the property is subject to a smoke control oder
- Whether any parts of the town and country planning order 2015 (GDO 15) has been disapplied.
Enquiries at the Local Authority (CON29)
Provides info about property’s planning history and surrounding area. Takes form of a questionnaire to which local authority replies.
Contains:
- info about planning permissions and consents including consents that were applied for but refused
- info relating to Building Regulation approval
- details of whether any private roads have been adopted or if there are any plans to adopt the roads
- info about contamination. it will reveal whether the loca authority has served any environmental legislation notices.
Highway search -
details boundaries between public highways and the private land that the buyer is lookingto bu.
ensure that the property abuts a highway ot that the property has a right of way over a road that abuts a public highway
Commercial Drainage and Water Search - CON29DW
Whethre property is connected to water and drainage/sewer systems. You may need to investigate who provides such services to the property if it is not connected to main sewer systems.
Desktop environmental search -
reveals contamination on the property and also reveals info about likelihood of flooding or subsidence ocurring.
If the search reveals that contamination exists, furher investigations should be carried out
PHASE 1 - surveyor physically inspoects the land
Phase 2 - if surveyor deems it necessary to investigate further, phase 2 will commence. this involves taking and analysing soil samples
Commercial Property Standard Enquiries (CPSEs)
Enquiries from a buyer to seller. Covers wide range of info that may otherwise only be known to seller.
Can reveal info on
- whether the owner has taken any action that could be a breach of a covenant
- whether there are any non-owners occupying the property
- whether there are any barriers to access the properyy
- details about the physical conditions of the property
Index Map Search - SIM search
Registered land - sim search can establish whether any third party interests are registered against the property.
Can also reveal who the owner of the neighboruing land and whether that land is registered/unregistered.
Unregistered - SIM search essential to establish whether ANY PART of the land has already been registered or whether the land is subject to a caution against first registration.
What searches are ALWAYS carried out?
- Local Land Charges Search - LLC1
- Enquiries at the local authority - CON20
- Highway Search
- Commercial drainage and water search - CON29DW
- Desktop environmental search
- Commercial property standard enquiries
- Index Map Search - SIM search
Company search
If a company, a search at the companies house should be done to confirm seller’s company number. Must alos ensure there are no insolvency proceedings affecting the property
Optional Enquiries at the Local Authority - CON29O
If the property is close to large fields or parks, it is important to establish that there are no rights that will interfere the the buyer’s useof the property.
The CON29O search will reveal info about
- public footpath, common land and village greens surrounding agrea
- info about rights in common such as rights of grazing or rights of access. rights in common are historic rights exercised by a group of people.
Waterways search
Should be conducted where there is a river passing through the property. It will reveal
- who is luiable to maintain the riverbanks
- any rights of way along the riverbanks or towpaths
- any drainage rights
- any fishing rights
Coal mining search - CON29M
Necessary where property is on a former mining site. it will reveal any subsidence risk, in addition to past and planned future uses of the site for mining
What are the optional searches to undertake?
- Company search
- Optional enquiries at local authority (CON29O)
- Waterways search
- Coal mining search
What search do you do to determine if property is in a conservation area?
Local Land Charges Search LLC1
What search do you do to determine if property is subject to a smoke control order?
Local Land Charges Search LLC1