Pre-contract searches and enquiries

Question 1

what are the standard searches to carry out pre-exchange?

Answer 1

local searches- CON29 and LLC1.
CON29- shows planning permissions and building regulations, roads and public rights of way.
LLC1- shows granted planning permissions, listed building.
Desktop environmental search- flood records and shows if land has been used for contaminative land uses.

Question 2

when to do environmental phase 1 survey and phase 2?

Answer 2

• Environmental phase 1 survey- more detailed than the standard desktop search. USE ONLY IF DESKTOP SHOWS RISK OF CONTAMINATION.
• Environmental phase 2 survey- where search 1 indicates risk of contamination.

Question 3

what extra search does a buyer need to do if property is unregistered?

Answer 3

central large charges search/

Question 4

what is a k16 search?

Answer 4

bankruptcy.

Question 5

when to get planning permission?

Answer 5

Needed whenever there is a development on land unless
1. Building works that affect only the interior of the building.
2. Building works that do not materially affect the external appearance of the building.
3. Changes of use that are within the same use class.

Question 6

when are building regulations needed?

Answer 6

1. erection or extension of a building
2. installation or extension of a service or fitting that is controlled under the Building Regulations (for example, windows, boilers)
3. work required where there is a material change of use of the whole building
4. Internal works.

regulate issues such as health and safety.

Question 7

how long is an enforcement notice from local authority?

Answer 7

28 days.

Question 8

enforcement time limits for planning permission?

Answer 8

10 years for all planning breaches.

Where a breach of planning control has been deliberately concealed, the local authority can apply to a magistrates’ court for a planning enforcement order

Question 9

time limits for building regs?

Answer 9

Pre 2022:
- Local authority had 6 months after discovering breach to prosecute.
- Enforcement notice- one year after completion of building work to serve one.
- Injunction- no limit.

Post 2022:
- UNLIMITED TIME to prosecute the person responsible for the breach!
- 10 years after completion of building work to serve an enforcement notice.
- Injunction- no limit.