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SQE 1 Flashcards > Property (Searches) > Flashcards

Property (Searches) Flashcards

1
Q

What is the report on title?

A

Tthe report a solicitor prepares for their client after investigating title, search results, and replies to enquiries.

It identifies material facts, issues, implications, and solutions,

It takes the form of a summary report in plain English.

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2
Q

What liability does the report on title have?

A
  • Addressed to the client
  • It is based on reviewing title documents, search results, planning documents, and replies to enquiries
  • It should set limitations to liability - It is not the solicitor’s fault, for example, if the report does not identify an issue that should have been revealed in a search.
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3
Q

What does NLIS stand for in the context of searches?

A

National Land Information Service

This acts as an intermediary for solicitors to order searches from various institutions.

However, note that Solicitors need to register with a channel provider (who offer an ‘ordering service’) such as SearchFlow and GlobalX.

(1) Register with a channel provider; (2) Use NLIS

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4
Q

What are standard searches in conveyancing?

A

Standard searches are always necessary and include…

  • Local Search - CON29
  • Search of local land charges (LLC1)
  • Drainage and Water
  • Desktop Environmental Search
  • Chancel Repair Liability
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5
Q

What is a Local Search - CON29?

Standard Search

A

Standard enquiries to local authorities using Form CON29 which reveals information about

  • Planning permissions
  • Planning refusals and notices
  • Building regulations
  • Roads
  • Public rights of way.
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6
Q

How do you check whether a public footpath crosses the property>

A

Replie of the Local Authority to Standard Enquiries (CON29)

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7
Q

What search would you use for additional local information that is not covered by CON29?

A

CON29O can be used for the following enquiries:

  • Common Land (Village greens)
  • Road proposals of private bodies
  • Parks and Countryside (AONB/National parks)
  • Pipelines
  • Noise abatement
  • Urban development areas
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8
Q

What does the local land charges search (LLC1) check for?

Standard Search

A
  • Planning permission granted
  • Planning enforcement or stop notices
  • Article 4 directions
  • Tree preservation orders
  • Smoke control orders
  • Financial charges
  • Conservation areas
  • Listed building status

There is a phased transfer of responsibility for LLC1 from Authorities to the Land Registry

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9
Q

What does the drainage and water search entail?

Standard Search

A

It addresses specific questions about drainage and water from the property to the sewer and connections to mains supply

Form CON29DW for residential
Form CommercialDW for commercial

This is submitted to the relevant water service (e.g. Thames Water)

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10
Q

What is a desktop environmental search?

Standard Search

A

An owner may be liable for costs of cleaning up contaminated land even if not responsible for cause.

A desktop search is based on historical records and will indicate if there has been historic potential contaminative land uses such as industrial use.

It also contains information such as flooding and natural subsidence likelihood.

Note, the flooding and natural subsidence concerns likelihood - for. more specifics an environmental search is needed

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11
Q

What is chancel repair liability?

A

Chancel repair liability affects properties in parishes with pre-reformation churches, where parishioners may share the cost of church repairs.

Indemnity insurance can cover this risk.

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12
Q

What optional searches can be performed?

A

Optional searches depend on circumstances and may include

  • Highways searches
  • Mining searches
  • Environmental searches
  • Utility provider checks
  • Waterways searches.
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13
Q

When is a Highways Search suggested?

Optional Search

A

To show the boundary of the public highway on a map.

If it shows the property does not immediately abut the highway, it will be necessary to ensure there are appropriate rights of access.

Always suggested for commercial property. Only needed if there is doubt for residential property.

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14
Q

What does a coal mining search provide and when should it be used?

Optional Search

A

It identifies risk of subsidence and whether compensation has already been paid

Suggested for areas affected by coal mining listed in a gazetteer.

Use CON29M

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15
Q

When is a Cheshire Salt Searche suggested?

Optional Search

A

When property falls within an area subject to brine subsidence

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16
Q

When is a Tim, Clay & Limestone Search used?

Optional Search

A

Specifically for mineral indication, such as tin mines in Cornwall.

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17
Q

What search should be used for amore detailed environmental search with a site inspection?

Optional Search

A

Environmental Phase 1 Survey

This mauy indicate RISK of contamination.

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18
Q

When should an Environmental Phase 2 Survey be used?

Optional Search

A

Taken where Phase 1 indicates risk of contamination.

Soil and water samples are tested for contamination

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19
Q

If a property has known to have flooded in the past, what optional search should be carried out?

Optional Search

A

Flood Search

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20
Q

Where property is a new development or site for development, what search should be undertaken?

Optional Search

A

Contact Utility Providers and checks the property has benefit of utility connections.

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21
Q

How should enquiries be made if a railway passes near the property, or within proximity to a proposed railway

Optional Search

A

Enquiries can be made to Network Rail or the relevant train company (e.g. LNER)

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22
Q

Where a property has a river or canal passing through or next to it, what search should be used and for what reason?

Optional Search

A

Waterways Search

Searches show liability for maintenance, and liability for flooding.

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23
Q

What standard replies to enquiries are used for commercial property?

A

Standard replies for commercial property are known as CPSE1

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24
Q

What standard forms are used for residential property enquiries?

A
  • Property Information Form (Form TA6) is used for general information such as boundaries, benefits, burdens, utilities, and planning issues.
  • Fittings and Content Form (Form TA10) details included/not included items in the sale (e.g. kitchen equiptment etc…)
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25
Q

What search should be conducted if the property is unregistered?

A

Index Map Search

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26
Q

How can you see a map of registered titles for free?

A

Use the Map Search

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27
Q

How to search against unregistered land?

A

Use the **Central Land Charge Search Form **that is carried out against the full names of the seller and all previous owners referred to in the epitome of title.

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28
Q

When is a Bankruptcy Search (K16) carried out?

A

Against seller if the transaction is not at full market value

Against a buyer taking a mortgage.

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29
Q

What search should be conducted if the seller is a company?

A

Companies Search to check the company is existent, and has not gone into liquidation or been dissolved.

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30
Q

When is planning permission needed?

A

Planning permission is needed whenever there is development on land, unless it falls within specific exceptions:

  • Building work only affects interior of building
  • Building works do not materially affect external appearance of the building; or
  • Changes of use within the same use class.

‘Development’ means carrying out building works or a material change of use of the land.

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31
Q

Is planning permission needed for building work that changes the use within the same use class?

A

No.

However, a change from one use class to another (e.g. C3 to C1) requires planning permission.

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32
Q

Is planning permission needed for building work only affects interior of building?

A

No

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33
Q

Is planning permission needed for building works that do not materially affect external appearance of the building?

A

No

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34
Q

What are use classes in planning?

A

Use classes group types of property use, such as B2 for general industrial and C3 for dwelling houses.

A change between use classes requires planning permission.

35
Q

When is a property not in a use class (sui geneis) and does a change of use need permission?

A

Examples include…
* Theatre
* Arcade
* Pubs and Bars
* Takeaways
* Nightclubs
* Car showrooms
* Casinos

Any change of use will need permission

36
Q

What are the main use classes?

A

B2 - Industry
C1 - Hotels
C2 - Residential Institution
C3 - Dwelling House
E - Commercial, Business, Retail of Goods and Food (restaurants, shops, offices)
F1 - Learning Institutions
F2 - Local Community

37
Q

Can a shop providing food change use to a restaurant without planning permission so long as there is no material exterior material changes?

A

Yes since they are within the same class (E) of commercial, business and service used for retail of goods, food, professional services

38
Q

What can you do if unsure whether your development falls within GPDO?

A

Apply for a certificate of lawfulness confirming the work falls within GDPO or is not a ‘development’

39
Q

What is the significance of listed buildings?

A

Listed buildings are of special interest and require listed building consent for demolition or alteration, separate from planning permission.

  • Grade I: Buildings of exceptional Interest
  • Grade II*: Particularly important buildings of more than special interest
  • Grade II: Of special interest

Listed Building Consent is needed to demolish, alter or extend a listed building.

It is separate from planning permission and is often needed where planning permission is not (e.g internal alteration)

40
Q

What are conservation areas?

A

Conservation areas protect the character and appearance of an area, requiring permission for demolition and restricting certain developments.

To demolish an unlisted building in such an are, you need to obtain…

  • England: Planning Permission
  • Wales: Conservation Area Consent

Consent is needed to cut back or cut down trees.

41
Q

When do you need building regulation permission?

A

Regulations are separate from planning permission and apply to building works that include:

  • Erection or extension of building
  • Installation or extension of a service or fitting controlled under the regulations (e.g. windows, boilers)
  • Work required where there is material change to use of the whole building

Before carrying out work, building regulations consent is needed.

42
Q

How are building regulations inspected?

A
  • May be inspected by a control inspector who issues building regulation certificate
  • Self-certification schemes exist. For example, a window installer registered with FENSA, NAPIT (roofs), Gas Safety Register (boilers), and Blue Flame (Cavity Walls).
  • The Grenfell Tower and building Safety Act 2022 also may need to be considered for high rise flats and buildings with risks of fire.
43
Q

What constitutes a breach of planning control?

A

A breach occurs when development takes place without planning permission or when conditions of planning permission are violated.

44
Q

What is an enforcement notice?

A

An enforcement notice requires land to be restored to its previous condition or compliance with conditions after unauthorized development.

It provides 28 days notice.

After 28 days, the land owner may be fined; or the authority can enter the land to carry out the work, recovering at the expense of land owner.

If the breach concerns breach of condition or limitation, a ‘breach of condition notice’ is more appropriate

45
Q

What happens if the land owner hasn’t complied with an enforcement notice after 28 days?

A
  • The land owner may be fined
  • Authority can enter the land to carry out the work, recovering at the expense of land owner
  • Local authority can serve stop notice (only after serving enforcement notice) requiring the that a specific activity stop immediately.
46
Q

What is a stop notice?

A

A stop notice is issued to halt specific activities after an enforcement notice

It cannot prohibit use as a dwelling house or any activity that has been carried out for more than 4 years.

Ask whether the activity has gone on for four years

47
Q

What are the time limits for enforcement action for work completed before 24 April 2024?

A

The local authority must take enforcement action within….

  • 4 years for building works starting on the date the works were ‘substantially completed’
  • 4 years for change of use to single dwelling houses starting with the date the use was begun
  • 10 years for other breaches, and breaches of planning conditions

England & Wales

48
Q

What are the time limits for enforcement action for work completed after 25 April 2024?

A

Action must be taken within 10 years for all planning breaches

England & Wales

49
Q

Can a local authority do anything after the expiration of the planning enforcement time limits?

A

Where a breach of planning control has been deliberately concealed, the local authority can apply to a magistrates court for a planning enforcement order after the time limit.

Don’t get confused with their ability yo apply for an injunction!

After the time limit, they can only apply for a planning enforcement order

50
Q

What enforcement actions can be taken for breaches of building regulations?

A

Local authorities can prosecute, serve enforcement notices, or apply for injunctions

Note, England & Wales differ with time limits.

51
Q

In Wales, what enforcement actions can be taken for breaches of building regulations?

A
  • Prosecution: within 6 months after discovering breach to prosecute the builder, installer or main contractor, up to two years after completion of the building work
  • Enforcement Notice: Up to One year after completion to serve enforcement notice, giving the land owner 28 days to alter or remove the work. After which, the local authority can undertake work at the land owner’s expense.
  • Injunction: Only if the work is unsafe, no time limit to apply to court.
52
Q

In England, what enforcement actions can be taken for breaches of building regulations?

A
  • Prosecution: Unlimited time to prosecute the builder, installer or main contractor.
  • Enforcement Notice: Up to ten year after completion to serve enforcement notice, giving the land owner 28 days to alter or remove the work. After which, the local authority can undertake work at the land owner’s expense.
  • Injunction: Only if the work is unsafe, no time limit to apply to court.
53
Q

For enforcement of building regulations, what’s the difference between England and Wales for bringing prosecution?

A

Wales: Within 6 months after discovery, up to 2 years after completion of work

England: Unlimited time to prosecute

54
Q

For enforcement of building regulations, what’s the difference between England and Wales for serving an enforcement notice?

A

Wales: Within 1 year after completion

England: Within 10 years after completion

55
Q

What options does a buyer’s solicitor have if a breach is found?

A
  • Withdrawing from the transaction
  • Obtaining indemnity insurance at the sellers expense
  • Inviting the seller to rectify the issues, either by removing the work or obtaining retrospective permission
56
Q

Why raise pre-contract enquiries?

A
  • The onus is on the buyer to find out as much information.
  • The seller usually knows information about the property not available immediately on public record
  • The seller can face liability for incorrect answers.
57
Q

What CPSE would you use for commercial properties covering all general issues (e.g. boundaries, burdens, conditions, utilities, planning, VAT etc…)

A

CPSE 1

58
Q

When would you use CPSE 2 enquiry?

A

Where property is subject to commercial tenancies.

59
Q

What enquiry forms are used for residential properties?

A

TA6 is always used for property information, alongside TA10 for fittings and contents information.

60
Q

When would you use CPSE 3 enquiry?

A

On the grant of the new lease.

For example, a solicitor acting for a tenant on an industrial estate.

61
Q

What are additional enquiries in conveyancing?

A

Additional enquiries may be raised to clarify issues from documents provided, relevant to title, existing or planned use, or the property’s nature.

In commercial transactions, the buyer can raise whatever enquiries they like, but the seller’s solicitor may decide to respond if they feel that they are irrelevant.

In residential transactions, the buyer’s solicitor may only raise additional enquiries to clarify issues arising out of the documents provided, or arising out of the search results, standard replies, inspection or surveyor report.

62
Q

What is the Law Society Conveyancing Protocol?

A

The protocol outlines standard conditions of sale, property forms, and procedures for compliance in residential property transactions.

63
Q

What are the consequences of breaching the Law Society Conveyancing Protocol?

A

Breach can lead to monitoring by the Law Society, and potentially removal from the Conveyancing Quality Scheme membership.

64
Q

When can the non-defaulting party make time of the essence?

For example, completionn is due before 2pm today.

A

On the date of completion, but after the time set.

When notice is served, the day notice is given doesn’t count.

For example, today after 2pm, not in advance of 2pm. The buyer will then have 10 working days, excluding today, to complete.

65
Q

A solicitor, who is a member of the Law Society’s Conveyancing Quality Scheme, is handling a residential conveyancing and receives an enquiry from the buyer’s solicitor about the condition of the property’s roof. However, the enquiry does not arise from the search results, standard replies to enquiries, inspection, or their surveyor’s report.

What should the solicitor do in accordance with the Law Society Conveyancing Protocol?

A

The solicitor should inform the buyer’s solicitor that the enquiry does not comply with the Protocol and that they will not respond to it.

There is no ground for raising this enquiry and it is a breach of the Protocol.

They DO NOT need to carryout unnecessary action by replying in detail. However, they cannot ignore the enquiry

66
Q

What is the purpose of carrying out an official search of the index map?

A

To identify whether the whole or any part of the property has a registered title

It’s important to conduct a SIM search before purchasing unregistered

67
Q

How is the raing in nan EPC formatted?

A

The rating is from A to G

It is NOT 1 to 7.

68
Q

What search MUST be done when
purchasing unregistered land?

A

Search of the Index Map

69
Q

The solicitor acting for the buyer of a registered property discovers that the property benefits from a right of way over a third party’s land. The third party’s land is registered at the Land Registry.

What should the solicitor check to ensure the right has been registered?

A

The charges register of the official copies for the third party’s land

70
Q

What two searches are used for…

  1. Benefit over a third parties registered land.
  2. Benefit over a third parties unregistered land
A
  1. Benefit over a third parties registered land = The charges register of the official copies for the third party’s land
  2. Benefit over a third parties unregistered land = The result of the** Central Land Charges Search (CLC)** against the seller
71
Q

For CGT private residence exemption, what is the area of land limit, and how is the land ‘over the limit’ dealt with?

A

The permitted limit is 0.5 hectare (5,000 square metres)

If the area of land exceeds the statutory limit, then the gain will be apportioned. The remainder will fall outside the exemption

For example, land comprises an area of 1 hectare (10,000 square metres). Only 0.5 hectare (5,000 square metres) will benefit from the exemption.

72
Q

What searches are needed if you are (a) concerned the land may have been used for industrial purposes; and (b) has a history of flooding?

Imagine ‘flood seach’ isn’t an option.

A

Desktop environmental search

This will give information on risks of contamination and flooding

Don’t make the mistake and think ‘waterways search’ since a waterways search is concerned with responsibility for maintaining waterway banks, etc, not flooding.

73
Q

If a property is listed as an asset of community value, what does this mean?

A

If the owner intends to sell the property, they must notify the local authority and a moratorium is then imposed during which a community interest group may bid for the land.

The owner does not have to accept any such bid.

74
Q

An accountant is buying a commercial property in England, currently used by an estate agency business. The buyer intends to use the property for her accountancy business. She wishes to know whether she will need to obtain planning permission in relation to her proposed use of the property.

Will the buyer need to obtain planning permission for her proposed change of use?

A

No, because the proposed use is within the same use class as the current use.

75
Q

What does it mean if the property is within an Article 4 Direction?

A

No general development order (GDO) will apply to the house.

This means that any development, even if it consists of a small extension which would otherwise have been permitted under a GDO, will require planning permission.

76
Q

For older building works (pre 2024) when must the authority take enforcement action within for breach of planning permission

A

If the council were going to undertake any enforcement action, it would need to have been undertaken within 4 years of completion

77
Q

What is outline planning permission?

A

An outline planning application can only be made for a new building or an alteration or extension to a building.

It allows developer or land owner to see if a proposed development is acceptable in principle, even if it does not want to go to the cost of preparing detailed plans.

Simply, it allows for a decision on the general principles of how a site can be developed

78
Q

If the outline planning permission contains reserved matters ( matters outstanding which need to be resolved to the satisfaction of the local counci) , what should be done?

A

A full application should be made to the council in relation to the reserved matters within three years of the outline consent.

79
Q

Can you apply for planning permission before you pwn the property?

For example, your sole purpose for the purchase is to covnert the building.

A

Yes

You should apply before exchange

It is best to submit an outline application which will elicit a response from the council without the expense (and time) of having to prepare a full application. If planning permission is denied by the council, the client can withdraw from the transaction without any legal liability to the seller.

80
Q

If following standard enquiries of local authority in Form CON29 and the drainage and water search in Form CON29DW it is revealed that drains and sewers are not adopted, what agreement should be entered i to with the developer of the new property?

A

Agreements under….

  • s38 Highways Act 1980
  • s104 Water Industry Act 1991.
81
Q

Can you synchronise completion of a new build purchase?

A

If the buyer insists on a fixed completion daye, you must advise that this is not possible.

However, you could seek a condition in the contract that the completion occurs a specified number of days after the seller’s practitioner notifies the buyer that the client is ready to complete.

82
Q

What is the New Homes Ombudsman Service (NHOS)?

A

If new build home owners are not happy with the quality of their homes, they can approach the Ombudsman within 2 years after the completion of the purchase.

83
Q

What is the time limit in England for enforcement of a material change of use to a dwelling house without planning permission?

A

4 years for a material change of use to a building.

SQE 1 Flashcards (58 decks)

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