Pre-contract Searches and Standard Enquiries

Question 1

List all of the compulsory searches which need to be carried out in every property transaction?

Answer 1

1. Local Authority Enquiries - CON29
2. Pre-Contract Enquiries of seller’s solicitor - CPSE’s
3. Search of Index Map (SIM)
4. Physical Inspection and Structural Survey
5. Highways search
6. Local Land Charges Search (LLC1)
7. Chancel Repair search
8. Desktop Environmental Search
9. Drainage and Water search

Question 2

What are the additional searches which may need to be carried out in certain property transactions?

Answer 2

1. Additional Local Authority Enquiries - CON29O
2. Local Authority Enquiries - Coal Mining and Brine: CON29M
3. Company Search
4. Waterways Search - Canal and River Trust
5. Phase I and Phase II Environmental Searches

Question 3

What is the fundamental principle with regards to planning permission?

Answer 3

Section 57 Town and Country Planning Act 1990: “Planning permission is required for the carrying out of any development of land”.

Question 4

What does “development” mean according to the Town and Country Planning Act 1990?

Answer 4

Section 55 TCPA 1990: “Development, means 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 buildings or other land”.
Planning permission is thereby required for either or possibly both types of development

Question 5

Who will consider the applications for planning permission and on which factors will they base their decision?

Answer 5

Planning applications for a particular area are considered by the Local Council in their capacity as the Local Planning Authority (“LPA”).
Objections can only be considered if they relate to material planning considerations, e.g. road safety, character of surroundings, increased traffic flow

Question 6

What is an Article 4 Direction?

Answer 6

Restricts the types of building works/ material changes of use which would normally be considered “permitted development” by making an Article 4 Direction in relation to a Conservation Area. The result of this is that a formal application for planning permission will need to be made to the LPA - this thereby gives them much greater control over the developments taking place in the area

Question 7

What is an Enforcement Notice?

Answer 7

In the event of a breach of planning permission requirements, an LPA can serve an Enforcement Notice which can either:

i) Require that the land be restored to the condition it was in before the unauthorised development took place; or
ii) Secure compliance with any conditions or limitations imposed by a Planning Permission

Question 8

Where can details of time limits for enforcement action be found and what are they?

Answer 8

Section 171B provides that “(1) Where there has been a breach of planning control… no enforcement action may be taken after the end of the period of four years beginning with the date on which the operations were substantially completed”
“(2)[In the case of a material change of use]… no enforcement action may be taken after the end of the period of ten years beginning with the date of the breach”.

Question 9

What is the time limit for enforcement action where works have been carried out without Listed Building Consent?

Answer 9

There are no time limits

Question 10

When is Building Regulations approval needed in respect of development to property?

Answer 10

Always - in addition to any relevant Planning Permission or Listed Building Consent. A person intending to carry out building works must either submit full plans or serve notice on the local authority Building Control Service before such works commence (works must begin within 3 years of obtaining Building Regulations approval)

Question 11

What is the time limit for enforcement of Buildings Regulations approval?

Answer 11

There is no time limit - Cottingham decision

Question 12

What should a buyer’s solicitor do if they become aware that Building Regulations approval has not been granted in respect of a particular development?

Answer 12

The seller should obtain a Regularisation certificate from the local authority before completion

Question 13

When is Building Regulations approval not required in respect of development?

Answer 13

If there is simply a material change of use which does not require any actual building work to be carried out - in practice, this will be rare