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Property Practice > Searches > Flashcards

Searches Flashcards

1
Q

Types of searches

A 
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
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2
Q

What are the 5 standard / usual searches for every transaction

A 
Search of Local land charges register 
Enquiries of Local authority 
Environmental search 
Water and drainage enquiries 
Pre contract enquiries of seller
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3
Q

Flood search

A

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

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4
Q

Environmental searches and surveys

A

Do risk assessment (risks surrounding property) and survey (contamination of land)

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5
Q

Building regulation control

A 
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
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6
Q

Water and drainage enquiries ( essential )

A

Is water drainage and supply public or private and do you pay to maintain it
Form from water company

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7
Q

Chancel repair search

A

Maintain local church or castle
Use local authority CON29 or British heritage
Insurance incase protected by notice on register after search but before registration

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8
Q

Company search

A 
When seller is company 
Check companies house
Can they sell it
Any charges 
Administration
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9
Q

Drains and sewers

A

Has ownership and management of drains been transferred to water authority - s104 agreement

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10
Q

Estate roads

A

Check that s38 agreement is entered into so developer is responsible for roads

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11
Q

What are the location specific searches

A

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

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12
Q

Local land charges search (essential)

A

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

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13
Q

Can seller refuse to answer Pre- contract enquiries of seller

A

Yes can refuse

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14
Q

What if you provide an incorrect answer in response to pre contract enquiries of seller

A

Incorrect answer is misrepresentation

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15
Q

Which questions are used for pre contract enquiries of seller

A

CPSE

Commercial property standard enquiries

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16
Q

What is there is extra info to provide in response to pre contract enquiries of seller

A

There is a space for additional issue at end of CPSE form

17
Q

What issues are covered in the pre contact enquiries of seller

A 
Boundaries 
Adverse rights
Access to property 
Fire safety 
Compliance with planning and building regs
VAT status of transaction
18
Q

When to do an index map search

A

For unregistered land or registered land that has had several registered titles

19
Q

Form to use for index map search

A

SIM

20
Q

What will index map search show

A

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

21
Q

Things to think about if property was built in last 10 years

A 
Cover against structural defects 
Planning permission and conditions 
Building reg consent 
Roads and drains adopted 
Easement for road access
22
Q

When is planning permission needed

A

S55 TCPA - development

23
Q

What is development (s55 TCPA)

A

Building, engineering, mining and material change of use

24
Q

What is a material change of use

A

Change of class or change one building into two

25
Q

How long do you have to start development and finish it once permission is granted

A

Three years to start from grant of permission

No deadline for completion

26
Q

Types of enforcement notices (planning permission)

A

Stop notice
Temp stop notice
Breach of condition notice

27
Q

Things that don’t need planning permission.

A

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

28
Q

Enquiries of local authority (essential)

A

Submit CON29 to council.

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Property Practice (13 decks)

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