Searches, Planning etc. Flashcards
Searches ALWAYS carried out
Remember: caveat emptor!
PHYSICAL INSPECTION / SURVEY (by Buyer)
PRE-CONTRACT ENQUIRIES OF SELLER - CSPE 1
- all sorts of things
- e.g. possible unregistered overriding interests (e.g. someone in actual occupation)
- additional queries will follow, covering queries which arise from Buyer’s searches
LOCAL LAND CHARGES SEARCH (LLC1)
- Planning permissions
- Restrictions against permitted development
- Enforcement notices
- Tree preservation orders
- Smoke control orders
LOCAL AUTHORITY ENQURIES (CON29)
- Standard enquiries of local authority
- Planning matters (overlap with LLC1)
- Building regs (only provided by CON29)
- Plans for adoption of a road
- Major road proposals within 200 metres of property
- Whether contamination notice has been served
DRAINAGE AND WATER SEARCH
- Drainage and water issues specific to property: e.g.
- Whether foul and surface water from the property drain to a public sewer
- Whether property connected to a mains water supply
- CON29DW (residential)
- Standard commercial drainage and water search
DESKTOP ENVIRONMENTAL SEARCH
- Environmental matters which might affect property (as owner may be liable for costs of cleaning up contaminated land, even if not responsible for it)
- Will confirm if property has ever been used for a contaminative use, it likely to flood or subside
- Land uses within 250 metre radius
- Needed, as CON29 only reveals whether the local authority has issued a contamination notice (yes/no).
- If search not clear, Phase I survey (site visit) and possibly Phase II survey (soil and water samples)
CHANCEL REPAIR SEARCH
- Liability to pay for chancel repairs
Other searches and enqurities, if appropriate
CON29O - additional option local authority enquiries
- e.g. Enquiry 22 on CON29O - Common Registration Act - rights in common (e.g. village greens)
COMPANY SEARCH
- If Seller is a company - check Companies House.
- Check registered number
- Check not insolvent
- Fixed/floating charges over company assets
INDEX MAP SEARCH
- Reveals any third party titles which are registered against the title to the property (e.g. leases).
- Also used to ascertain owner of neighbouring land (e.g. if you need to ask for a right of way etc.)
COAL MINING SEARCH
- If property in area likely to be affected by past of future coal-mining - CON29M.
- If so, greater risk of subsidence.
- Can also check previous compensation /claims made for subsidence.
HIGHWAYS AUTHORITY SEARCH
- Check exact boundaries of highways abutting the property.
FLOOD RISK
WATERWAYS (e.g. rivers)
TELECOMS / OTHER UTILITY SEARCHES
LOCATION-SPECIFIC
When Planning Permission IS Required
s. 57 (1) Town and Country Planning Act 1990 (‘TCPA’)
- required for “any development”
“Development” defined in s.55 (1) TCPA
= Carrying out of building, engineering, mining, or other OPERATIONS, in, on, over, or under land; OR
= Making of any material change in the use of any buildings or other land.
“Building operations” - s.55 (1A): includes
- demolition of buildings
- rebuilding
- structural alterations of or additions to buildings
- other operations normally undertaken by a BUILDER
- S.55 (2)(a)(i) works which effect the INTERIOR ONLY don’t require planning permission.
- also not usually required for demolitions
When Planning Permission is NOT Required
- PP not needed if not a “development” under s.55 TCPA (e.g. works to the interior only, demolitions)
- If it is a type of work/change of use EXEMPT from PP under the GENERAL PERMITTED DEVELOPMENT ORDER - ‘GPDO’
- Schedule 2 GDPO - “Permitted Developments”
- mainly applies in residential context; much less in commercial property.
- MAIN THING: A CHANGE OF USE WILL NOT BE NEEDED IF:
- Change within the same use class
(Town and Country Planning (Use Classes) Order 1987, Article 3 (1)) - TCP(UC)O 1987, Art. 3(1) - A1 to A2, for example, are different use classes - would have to be change from one category within A1 to another to be exempt (i.e. not a ‘material’ change of use)
OR
- If it’s a ‘Permmited Development’ - GDPO gives a table of changes of use that don’t need planning permission - see table on p223.
Where to find Use Classes?
- TCP(UC)O 1987
- and amendments in Use Classes Amendment Order 2005
Planning Permission: Enforcement Action
- For BUILDING WORKS carried out without PP, local authority can bring action WITHIN 4 YEARS following substantical completion of the works
- For CHANGING USE, local authority can bring action WITHIN 10 YEARS from the date of the change of use,
BUT ONLY FOUR YEARS IF CHANGE OF USE IS TO DWELLING HOUSE. - Remember, local authority can attach conditions to planning permission.
If there is a breach of such a condition, local authority has 10 YEARS from the date of the breach - IF YOU DELIBERATELY CONCEAL BREACHES OF, OR EXPLOIT, THE RULES - THEN ACTION CAN BE TAKEN AFTER TIME LIMITS - (Localism Act 2011)
Conservation Areas
Conservation Areas subject to stricter planning controls.
Permitted development under GDPO more restricted.
No longer have to apply for Conservation Area consent to get permission to carry out works therein, but just harder to get normal planning permission.
Need PP for DEMOLITIONS in a Conservation Area
Felling or lopping of trees in a Conservation Area requires 6 weeks’ advance notice to be given to the local planning authority - it can then either:
- consent
- do nothing and allow notice to lapse (work can be then carried out) OR
- refuse and consider imposing a TPO (Tree Preservation Order)
If tree in question already subject to a TPO, must get specific permission before carrying works to that tree.
Can be criminal sanctions (of perpetrator only)
NO TIME LIMIT FOR ENFORCEMENT OF BREACH - rectification works can be required of subsequent owners.
Listed Buildings
Much stricter controls
LISTED BUILDING CONSENT required for even minor INTERNAL or external building works (e.g changing windows).
Can get blanket listed building consents - e.g. can change the windows for the next 5 years without needing further listed building consent.
NOTE: LISTED BUILDING CONSENT is issued by Heritage England - STILL NEED PLANNING PERMISSION AS WELL - THE TWO ARE ENTIRELY SEPARATE!
Criminal sanctions if works without consent (of perpetrator only)
NO TIME LIMIT FOR ENFORCEMENT - rectification works can be required of subsequent owners.
Building Regulations
Building Regs - separate from planning permission - required even if planning permission not needed.
Whenever building works of substance are being undertaken, essentailly - i.e. when you’d get a builder to do it!
Concerns HOW it’s done - health and safety etc.
Local authority will issue certificate of compliance after works.
NO TIME LIMIT FOR ENFORCEMENT
Can get Regularisation Certificate retrospectively - fors works previously carried out without building regs. approval.
Environmental issues
If Contamination Notice issued, and original polluter of land cannot be traced, responsibility for cleaning up the pollution passes to the owner or occupier, under the EPA 1990 and EA 1995.
