pre-contract searches (workshop 3) Flashcards
what is a report on title?
the report from the solicitor to client on its investigation of title, search results and replies to enquiries.
who is normally responsible for ordering searches?
buyer’s solicitor
what are the 4 searches which constitute as ‘standard searches’?
local search
drainage and water enquiries
desktop environmental search
chancel repair liability
what are the 3 sections which constitute a ‘local search’?
standard enquiries of the local authority (form CON29)
optional enquiries (Form CON290)
local land searches (LLC1)
What does development mean?
carrying out of certain building works on land or a material change of use of the land
when are the three times you do not need planning permission?
building works that only affect the interior of the building; or
building works that do not materially affect the external appearance of the building; or
changes of use that are within the same use class
what does ‘Sui generis’ mean?
meaning that they do not belong to a use class.
if a development does not need planning permission how can this be amended or excluded?
an article 4 direction
what does a certificate of lawfulness show?
if the development falls under GPDO 2015 (if the development does not need planning permission)
what are building regulations?
separate matter from planning permission and are concerned with health and safety
why is it important to check for breaches of planning control?
enforcement is agains the current land owner - NOT the person who causes the breach
what does an enforcement notice do? - breach of planning permission
gives 28 days notice when there is a breach of planning permission
you need to restore to the land to the condition it was before the unauthorised development
when can a local authority serve a stop notice? (make you stop activity immediately - planning permission)
only after serving an enforcement notice
what are the enforcement limits BEFORE 25th April 2024?
4 years - building works when works were ‘substantially changed’ and change of use of dwelling (when it began)
10years = other changes
what remedies are available for incorrect replies to pre-contract enquiries?
recession or damages
when are damages available for incorrect replies to pre-contract enquiries?
only available where there is a ‘material difference between the represented and the actual description or value of the property
what is the purpose of the law society conveyancing protocol?
the use of the protocol is intended to ensure that all clients are treated fairly and are protected when dealing with high value assets and liabilities.
when is the exception for a buyer’s solicitor to make the searches?
exception: when remortgaging property the lender’s solicitor will do the searches
what is an environmental phase 2 search?
when phase 1 indicates there is a risk of contamination. soil/water samples are tested to indicate whether there is contamination or not.
what is an environmental phase 1 search?
more detailed than the standard desktop environmental search and includes a site inspection.
when do you do an environmental phase 1 search?
only if something comes up in the standard desktop search - says there is a risk of contamination then do phase 1
when do you do an environmental phase 2 search?
if phase 1 study indicates a risk of contamination
