Pre-contract - searches and enquiries and planning matters Flashcards
What searches are applicable in all situations?
- enquiries before contract
- personal inspection
- local search
- water/drainage
- environmental
- flood
- chancel repair liability search
What are other common searched?
- mining (Nottingham)
- canal & river trust
- commons registration search (open land nearby)
- highways (gap between property and highway)
- railways
- index map search (unregistered)
- land charges (unregistered)
- company
- bankruptcy (lender involved)
- brine (Cheshire/Greater Manchester)
- tin (Cornwall/Devon/Somerset)
- clay (Cornwall/Devon/Dorset)
- limestone (Wolverhampton/Walsall/Dudley)
What forms are used for residential enquiries before contract?
TA6 - property information form
TA10 - fittings and contents
TA7 - leasehold information form
TA8 - new home information form
What forms are used for commercial enquiries before contract?
CPSE1- 4
What does a local land charges search provide?
A form LLC1 provides:
- general and specific financial charges
- planning charges
- listed buildings charges
- tree preservation orders
- compulsory purchase orders
- conservation orders
- smoke control orders
What form is a water/drainage search?
CON29DW
What does an environmental search show?
Contaminated land and sometimes ground stability and flooding and whether such is likely in the future
What does a chancel repair liability search show?
Whether the property is or likely to be affected by liability to contribute towards the cost of repairing and maintaining the chancel of a medieval parish church
If acting for a lender, who should a company search be made against?
The buyer
What are common issues for new build properties?
- adoption of highways - should be an agreement under s38 Highways Act if not to remain private & should be made up to an adoptable standard at no cost to the buyer
- adoption of sewers - should be an agreement under s104 Water Industry Act
Can you lop or fell trees in a Tree preservation order?
No - it is a criminal offence
When is planning permission required?
For development
What does development mean?
The carrying out of building, engineering, mining, or other operations in, on, over or under land, or the making of any material change in the use of any building or other land
What is included in the development?
Building works including:
- demolition
- rebuilding
- structural alterations or additions
- operations normally undertaken as a builder
Material change of use
What matters do not constitute development?
- works that affect only the interior of the building or do not materially affect the external appearance of the building
- the use of buildings or land for any purpose incidental to the enjoyment of the dwellinghouse
- change of the primary use within the same use class
What are the main use classes?
B - general industrial
C - residential uses (includes hotels, houses, and HMOs)
E - commercial, business and service (shops (not hot food), financial, professional, health and medical, offices, research)
F - schools, places of learning, worship, community facilities
What uses do not fall within the main use classes (sui generis uses)?
- pubs
- bars
- nightclubs
- hot food takeaways
- bingo
- cinemas
- live music
- dance venues
What is needed if the works does not fall within a main use class?
Express planning permission will always be needed
What is needed for a change of use between classes?
Express planning permission unless under permitted development
What is classed as permitted development and therefore does not require express planning permission?
- small extensions
- minor operations (painting the exterior of the house/putting up a fence)
- certain changes between classes
What is needed for permitted development to be allowed?
An Article 4 direction
What is a planning contravention notice?
A request for information about any operations or activities on the property and potential breaches of planning control. It is an offence to fail to respond within 21 days or to provide false information
If the local authority is satisfied that there has been a breach of planning control what can it do?
Issue a:
1. completion notice
2. enforcement notice
3. stop notice
4. breach of condition notice
5. request an injunction
What is a completion notice?
The notice requires the development to be completed within a specified time, failing which the planning permission will lapse
