Searches Flashcards
Types of searches
Flood search Environmental search and survey Building regulation control Water and drainage enquiries Chancel repair search Company search Drains and sewers Estate roads Local land charges Planning permission Pre contract enquiries of seller Index map search Enquiries of local authority Location specific searches
What are the 5 standard / usual searches for every transaction
Search of Local land charges register Enquiries of Local authority Environmental search Water and drainage enquiries Pre contract enquiries of seller
Flood search
Flood re- gov scheme covers most residential properties
Commercial property needs external previous
CPSE has box for previous floods
Commercial - look for ground water flooding info and surface water
Environmental searches and surveys
Do risk assessment (risks surrounding property) and survey (contamination of land)
Building regulation control
Two years after completion to bring proceedings One year to issue enforcement notice Certificate of compliance Includes home improvement Apply with plans or building notice
Water and drainage enquiries ( essential )
Is water drainage and supply public or private and do you pay to maintain it
Form from water company
Chancel repair search
Maintain local church or castle
Use local authority CON29 or British heritage
Insurance incase protected by notice on register after search but before registration
Company search
When seller is company Check companies house Can they sell it Any charges Administration
Drains and sewers
Has ownership and management of drains been transferred to water authority - s104 agreement
Estate roads
Check that s38 agreement is entered into so developer is responsible for roads
What are the location specific searches
Mining - CON29M
Common land, town and village green - CON29
Rivers - environmental agency
Canals - canal and river trust
Rail - CON29
Are roads publically adopted or subject to road or traffic schemes - COP29
Local land charges search (essential)
Form LLC1 to council will reveal:
Financial charges for adoption of estate roads
Tree preservation orders
Smoke control order
Compulsory purchase orders
Planning permission granted and rejected
Listed building status
Conservation areas
Can seller refuse to answer Pre- contract enquiries of seller
Yes can refuse
What if you provide an incorrect answer in response to pre contract enquiries of seller
Incorrect answer is misrepresentation
Which questions are used for pre contract enquiries of seller
CPSE
Commercial property standard enquiries
What is there is extra info to provide in response to pre contract enquiries of seller
There is a space for additional issue at end of CPSE form
What issues are covered in the pre contact enquiries of seller
Boundaries Adverse rights Access to property Fire safety Compliance with planning and building regs VAT status of transaction
When to do an index map search
For unregistered land or registered land that has had several registered titles
Form to use for index map search
SIM
What will index map search show
If land is registered, it’s title number (if registered), if it is subject to pending registration or if there is a caution against first registration
Things to think about if property was built in last 10 years
Cover against structural defects Planning permission and conditions Building reg consent Roads and drains adopted Easement for road access
When is planning permission needed
S55 TCPA - development
What is development (s55 TCPA)
Building, engineering, mining and material change of use
What is a material change of use
Change of class or change one building into two
How long do you have to start development and finish it once permission is granted
Three years to start from grant of permission
No deadline for completion
Types of enforcement notices (planning permission)
Stop notice
Temp stop notice
Breach of condition notice
Things that don’t need planning permission.
Internal improvements
Development within boundaries and minor works
Use of land within boundaries for purpose incidental to use of dwelling house
Demolition of building less than 50 cubic meters volume
Enquiries of local authority (essential)
Submit CON29 to council.
Tick parts you need
