SGS 2

Question 1

What is the search for finding out whether a road near the property is maintained at public expense?

Answer 1

Local authority enquiries (CON29) and highways search

Question 2

What is meant by local authority search?

Answer 2

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

Question 3

What is the basic principle of environmental liability in England and wales?

Answer 3

The polluter pays, but subsequent owners may also be liable

Question 4

What does LLC1 show?

Answer 4

Planning permissions, conservation area, Art 4 directions, listed building charges

Question 5

CON29

Answer 5

Planning permission applications, building regulations, adoption plans, details of roads and public footpaths, contamination

Question 6

Desktop environmental search

Answer 6

Contamination, flooding

Question 7

SIM

Answer 7

Registered/unregistered land, cautions against first registration, third party titles

Question 8

CON29O

Answer 8

Common land/town/village green

Question 9

Waterways search

Answer 9

Responsibility to maintain riverbank

Question 10

CSPE

Answer 10

Everything

Question 11

When is planning permission required?

Answer 11

For development (s57(1) TCPA) which refers to building works and material changes of use (s55(1) TCPA 1990)

Question 12

Planning permission is required for building works unless:

Answer 12

(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

Question 13

What are permitted developments?

Answer 13

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)

Question 14

Planning permission is required for material change of use unless:

Answer 14

(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

Question 15

When is planning permission always required?

Answer 15

(i) When there is an article 4 direction disapplying the automatic grant of planning permission under Art 3(1) GPDO
(ii) For listed buildings

Question 16

What is required for all alterations to listed buildings?

Answer 16

Listed buildings consent

Question 17

When is building regulation approval required?

Answer 17

Even when pp is not

Question 18

What are the two elements to building reg approval?

Answer 18

• Approval: submit full plans to local building control service before commencing works
• completion cert: after inspection by local authority

Question 19

enforcement period for pp

Answer 19

4 years from date of substantial completion

Question 20

what happens if you dont have pp?

Answer 20

The local planning authority can serve an enforcement notice, breach of which will lead to criminal sanctions or the demolition of the building.

Question 21

enforcement period for breach of PP condition

Answer 21

10 year enforcement period from date of breach

Question 22

Time limit for failure to obtain building reg approval

Answer 22

Effectively no time limit because local authority may apply for an injunction at any time to enforce building regs. Seller must get regularisation cert