Pre-contract - searches and enquiries and planning matters

Question 1

What searches are applicable in all situations?

Answer 1

• enquiries before contract
• personal inspection
• local search
• water/drainage
• environmental
• flood
• chancel repair liability search

Question 2

What are other common searched?

Answer 2

• 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)

Question 3

What forms are used for residential enquiries before contract?

Answer 3

TA6 - property information form
TA10 - fittings and contents
TA7 - leasehold information form
TA8 - new home information form

Question 4

What forms are used for commercial enquiries before contract?

Answer 4

CPSE1- 4

Question 5

What does a local land charges search provide?

Answer 5

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

Question 6

What form is a water/drainage search?

Answer 6

CON29DW

Question 7

What does an environmental search show?

Answer 7

Contaminated land and sometimes ground stability and flooding and whether such is likely in the future

Question 8

What does a chancel repair liability search show?

Answer 8

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

Question 9

If acting for a lender, who should a company search be made against?

Answer 9

The buyer

Question 10

What are common issues for new build properties?

Answer 10

• 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

Question 11

Can you lop or fell trees in a Tree preservation order?

Answer 11

No - it is a criminal offence

Question 12

When is planning permission required?

Answer 12

For development

Question 13

What does development mean?

Answer 13

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

Question 14

What is included in the development?

Answer 14

Building works including:
- demolition
- rebuilding
- structural alterations or additions
- operations normally undertaken as a builder

Material change of use

Question 15

What matters do not constitute development?

Answer 15

• 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

Question 16

What are the main use classes?

Answer 16

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

Question 17

What uses do not fall within the main use classes (sui generis uses)?

Answer 17

• pubs
• bars
• nightclubs
• hot food takeaways
• bingo
• cinemas
• live music
• dance venues

Question 18

What is needed if the works does not fall within a main use class?

Answer 18

Express planning permission will always be needed

Question 19

What is needed for a change of use between classes?

Answer 19

Express planning permission unless under permitted development

Question 20

What is classed as permitted development and therefore does not require express planning permission?

Answer 20

• small extensions
• minor operations (painting the exterior of the house/putting up a fence)
• certain changes between classes

Question 21

What is needed for permitted development to be allowed?

Answer 21

An Article 4 direction

Question 22

What is a planning contravention notice?

Answer 22

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

Question 23

If the local authority is satisfied that there has been a breach of planning control what can it do?

Answer 23

Issue a:
1. completion notice
2. enforcement notice
3. stop notice
4. breach of condition notice
5. request an injunction

Question 24

What is a completion notice?

Answer 24

The notice requires the development to be completed within a specified time, failing which the planning permission will lapse

Question 25

What is an enforcement notice?

Answer 25

May be issued where the local authority is satisfied that there has been a breach of planning control and that it is expedient for it to be issued. The notice specifies the breach and what steps are required to remedy it and it must be served on the owner/occupier or anyone with an interest. It takes effect not less than 28 days after the issue and it is a criminal offence not to comply - can appeal

Question 26

What is a stop notice?

Answer 26

It may only be issued following an enforcement notice and it requires the activities alleged to be in breach of planning control to cease

Question 27

What is a breach of condition notice?

Answer 27

It may be issued in the event of a breach of the conditions attached to a planning permission. There is no right to appeal but the validity can be challenged by judicial review

Question 28

What are the time limits for the local authority to take enforcement action?

Answer 28

• operational development - 4 years from substantial completion
• unauthorised change of use to a single dwelling house - 4 years from breach
• any other breach - 10 years of the breach

Question 29

What is building regulations approval?

Answer 29

It is required for works of construction or significant alterations or extensions to buildings in order to ensure that they meet standards as to health and safety, design, permitted materials, and methods and standards of workmanship and construction

Question 30

What are examples of works where building regulations approval is required?

Answer 30

• electrical installations
• plumbing installations that are not like for like
• replacement of windows and doors
• heating systems
• replacement roofs

Question 31

When will building regulations approval not generally be required?

Answer 31

For conservatories if they are small, are separated from the property with external quality walls, doors and windows, and have an independent heating system

Question 32

What is the enforcement time limit for building regulations approval?

Answer 32

Two years from the completion of the work but the local authority can request an injunction at any time if the works are unsafe