SGS 2 Flashcards
What is the search for finding out whether a road near the property is maintained at public expense?
Local authority enquiries (CON29) and highways search
What is meant by local authority search?
Two separate searches: a local land charges search on form LLC1 and enquiries of the local authority on Form CON29 and (if optional enquiries raised) CON29O
What is the basic principle of environmental liability in England and wales?
The polluter pays, but subsequent owners may also be liable
What does LLC1 show?
Planning permissions, conservation area, Art 4 directions, listed building charges
CON29
Planning permission applications, building regulations, adoption plans, details of roads and public footpaths, contamination
Desktop environmental search
Contamination, flooding
SIM
Registered/unregistered land, cautions against first registration, third party titles
CON29O
Common land/town/village green
Waterways search
Responsibility to maintain riverbank
CSPE
Everything
When is planning permission required?
For development (s57(1) TCPA) which refers to building works and material changes of use (s55(1) TCPA 1990)
Planning permission is required for building works unless:
(i) the building works affect only the interior of the building or do not materially affect the external appearance of the building and do not provide additional space underground (s55(2)(a))
(ii) the building works are a permitted development
What are permitted developments?
Art 3(1) GPDO 2015
i) alteration to residential property (Sch 2 Part 1
(ii) fences or walls up to two metres (Sch 2 Part 2)
Planning permission is required for material change of use unless:
(i) the use is within the same use class (s55(2)(f))
ii) the change of use is a permitted development (Art 3(1) GDPO
When is planning permission always required?
(i) When there is an article 4 direction disapplying the automatic grant of planning permission under Art 3(1) GPDO
(ii) For listed buildings
What is required for all alterations to listed buildings?
Listed buildings consent
When is building regulation approval required?
Even when pp is not
What are the two elements to building reg approval?
- Approval: submit full plans to local building control service before commencing works
- completion cert: after inspection by local authority
enforcement period for pp
4 years from date of substantial completion
what happens if you dont have pp?
The local planning authority can serve an enforcement notice, breach of which will lead to criminal sanctions or the demolition of the building.
enforcement period for breach of PP condition
10 year enforcement period from date of breach
Time limit for failure to obtain building reg approval
Effectively no time limit because local authority may apply for an injunction at any time to enforce building regs. Seller must get regularisation cert
