Pre-Exchange: Searches and Enquiries

Question 1

Standard Searches

Answer 1

• Local Search (LLC1 and CON29)
• Desktop Enviromental
• Chancel (pre-reformation church)
• Drainage and Water (CON29DW)

Question 2

Contents of LLC1

Answer 2

• Granting Planning permission, PENS, stop notice
• Art 4
• Tree Preservation, conservation area, listed building, smoke control

Question 3

Contents of CON29

Answer 3

• Planning Permission (granted, pending, refused)
• Building regulations approvals
• Adoption Plans
• RoW
• Contaminated Land Notices

Question 4

When to do following searches:
- CON29O
- Highways (CON29R)
- Enviro (Phase I and Phase II)
- Flood
- Mining
- Waterways
- Utiltiies
- Railways

Answer 4

CON29O: open space
Highways: unsure if abuts public road
Enviro: somethign comes up on desktop
Flood: known to have flooded previously
Mining: within mining area
Waterways: near a river
Utilities: New Build
Railways: near a railway

Question 5

Searches against seller

Answer 5

K16 (Bankcruptcy): Undervalue
K15 (land charges): unregistered land
SIM (Index Map): Unregistered, multiple properties, mining rights
Company Search: seller is a company

Question 6

Enquiries (resi and commercial)
- Standard
- Optional

Answer 6

Standard
- TA6 (PIP) + TA10 (Fittings and Context)
- CPSE 1

Optional:
- TA7 (lease + 99 yrs) + TA8 (New Build)
- CPSE 2 (FH with leases) + CPSE 3 (grant of lease) + CPSE 4 (lease assignment)

Question 7

Additional Enquiries (resi and commercial)

Answer 7

Resi: Only RELEVANT but MUST answer
Comm: Any Qs but may not answer

Question 8

‘no knowledge / unaware’ response implication

Answer 8

Implied that made reasonable investigations

Question 9

When is planning permission required

Answer 9

Development
- external works; or
- material change of use (between class or sui generis)

Unless Permitted Development (GDPO) and no Art 4

Question 10

Planning Permission enforcement time limits

Answer 10

10 years unless pre 25 April 2024 in which case 4 years if no permissionor change to resi dwelling

Question 11

Enforcement action LA may take

Answer 11

PLanning Enforcement Notice (28 days to rectify)
Stop Notice (only if not dwelling)
Breach of Condition Notice
Injunction

Question 12

Options for buyer if no consents for planning permission and still enforceable

Answer 12

1. Indemnity
2. Retrospective Permission
3. Put right

Question 13

Requirement for building regulations consent

Answer 13

Internal or external work impacting safety

Question 14

Timelimits for building regulation consent enforcement

Answer 14

Prosecution (builder): No limit (within 6 months of disovery no more than 2 years after completion if wales)

Enforcement Notice: 10 years (1 year if Wales)

Injunction: No limit

Question 15

Options for buyer if no building regs and still enforceable

Answer 15

1. Insurance
2. Regularisation Certificate
3. Remedial work

Question 16

Where to check for certificate of complaince / buildings reg consent

Answer 16

CON29

Question 17

Where to check for granted planninging permission

Answer 17

LLC1 - also reveals Enfrocement and Stop Notices