pre-contract searches (workshop 3)

Question 1

what is a report on title?

Answer 1

the report from the solicitor to client on its investigation of title, search results and replies to enquiries.

Question 2

who is normally responsible for ordering searches?

Answer 2

buyer’s solicitor

Question 3

what are the 4 searches which constitute as ‘standard searches’?

Answer 3

local search
drainage and water enquiries
desktop environmental search
chancel repair liability

Question 4

what are the 3 sections which constitute a ‘local search’?

Answer 4

standard enquiries of the local authority (form CON29)
optional enquiries (Form CON290)
local land searches (LLC1)

Question 5

What does development mean?

Answer 5

carrying out of certain building works on land or a material change of use of the land

Question 6

when are the three times you do not need planning permission?

Answer 6

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

Question 7

what does ‘Sui generis’ mean?

Answer 7

meaning that they do not belong to a use class.

Question 8

if a development does not need planning permission how can this be amended or excluded?

Answer 8

an article 4 direction

Question 9

what does a certificate of lawfulness show?

Answer 9

if the development falls under GPDO 2015 (if the development does not need planning permission)

Question 10

what is a conservatio

Answer 10

areas of special historic or architectural interest, the character or appearance of which is desirable to preserve or enhance.

Question 11

what are building regulations?

Answer 11

separate matter from planning permission and are concerned with health and safety

Question 12

why is it important to check for breaches of planning control?

Answer 12

enforcement is agains the current land owner - NOT the person who causes the breach

Question 13

what does an enforcement notice do?

Answer 13

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

Question 14

when can a local authority serve a stop notice? (make you stop activity immediately - planning permission)

Answer 14

only after serving an enforcement notice

Question 15

what are the enforcement limits BEFORE 25th April 2024?

Answer 15

4 years - building works when works were ‘substantially changed’ and change of use of dwelling (when it began)
10years = other changes

Question 16

what remedies are available for incorrect replies to pre-contract enquiries?

Answer 16

recession or damages

Question 17

when are damages available for incorrect replies to pre-contract enquiries?

Answer 17

only available where there is a ‘material difference between the represented and the actual description or value of the property

Question 18

what is the purpose of the law society conveyancing protocol?

Answer 18

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.

Question 19

when is the exception for a buyer’s solicitor to make the searches?

Answer 19

exception: when remortgaging property the lender’s solicitor will do the searches

Question 20

what is an environmental phase 2 search?

Answer 20

when phase 1 indicates there is a risk of contamination. soil/water samples are tested to indicate whether there is contamination or not.

Question 21

what is an environmental phase 1 search?

Answer 21

more detailed than the standard desktop environmental search and includes a site inspection.

Question 22

when do you do an environmental phase 1 search?

Answer 22

only if something comes up in the standard desktop search - says there is a risk of contamination then do phase 1

Question 23

when do you do an environmental phase 2 search?

Answer 23

if phase 1 study indicates a risk of contamination