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Question 1

What is the purpose of a report on title?

Answer 1

A report on title is prepared by the buyer’s solicitor before the exchange of contracts. It summarizes the material facts, identifies any issues, and discusses possible solutions. The report also outlines the investigations conducted by the solicitor and states any limitations to their liability.

Question 2

What does a report on title include?

Answer 2

A report on title will identify material facts about the property, highlight any issues and their implications, and discuss possible solutions. It will also summarize the solicitor’s findings in plain English. Typical contents may include the interpretation, scope of the review, executive summary, purchase price and contract terms, matters benefiting and burdening the property, search results, replies to enquiries, and planning and building regulations.

Question 3

What should a report on title state regarding the solicitor’s liability?

Answer 3

A report on title should set out limitations to the solicitor’s liability. For example, it may state that the solicitor does not express an opinion on the commerciality of the transaction, advise on the value of the property, or inspect the physical condition of the property. The report may recommend arranging a survey of the property.

Question 4

Why is it important for a report on title to be in language appropriate to the client’s requirements?

Answer 4

The report on title needs to be in language that the client can understand. If necessary, the solicitor should talk the client through the report to ensure comprehension. This helps the solicitor meet the requirements of providing information fully and in a way that the client can understand, as stated in CCS 6, 4, and 8. It also protects the solicitor against claims of professional negligence for matters not brought to the client’s attention.

Question 5

What are some examples of standard searches that are usually raised in every transaction?

Answer 5

Standard searches that are usually raised in every transaction include a local search, drainage and water enquiries, desktop environmental search, and chancel repair liability search. These searches provide information about planning consents, building regulations, roads, public rights of way, drainage, water supply, environmental factors, and potential liabilities related to chancel repairs.

Question 6

When are optional searches typically raised in a property transaction?

Answer 6

Optional searches may be appropriate in certain circumstances, depending on the type of title or seller. For example, title and seller searches may be necessary for specific situations. Additional enquiries are usually raised as the matter progresses. Searches are usually submitted as early as possible, but some can take several weeks. Some firms may require money on account before raising searches.

Question 7

What does a local search cover and what information does it provide?

Answer 7

A local search covers matters relating to the property within the knowledge/records of the local authority. It includes optional enquiries (Form CON29O) and standard enquiries of the local authority (Form CON29). The local search reveals information about planning consents, building regulations, roads, public rights of way, environmental notices, and other relevant factors. The Local Land Charges Search (LLC1) is a search of the local authority’s register of local land charges, which provides information on planning permissions, enforcement notices, and other charges affecting the property.

Question 8

What does a drainage and water search involve?

Answer 8

A drainage and water search deals with questions specific to drainage and water issues related to the property. It checks whether foul and surface water from the property drain to a public sewer and whether the property is connected to a mains water supply. The relevant water service company for the area provides replies to Form CON29DW enquiries for residential properties or Commercial DW enquiries for commercial properties.

Question 9

What is a desktop environmental search and why is it important?

Answer 9

A desktop environmental search is a detailed search that goes beyond the information provided in a standard local search. It includes a site inspection and provides information on potential contamination, flooding, subsidence, and nearby industrial land uses. This search is important because property owners may be liable for the costs of cleaning up contaminated land, even if they were not responsible for the contamination.

Question 10

What is chancel repair liability and how is it addressed in a property transaction?

Answer 10

Chancel repair liability refers to the responsibility for repairing the roof of a pre-Reformation church shared between the church and the parishioners. A chancel repair search is usually carried out as standard, and if there is potential liability, indemnity insurance can be obtained to cover the risk.

Question 11

Why is it important to raise standard pre-contract enquiries and searches in every transaction?

Answer 11

Standard pre-contract enquiries and searches are raised in every transaction to ensure that the buyer’s solicitor obtains as much information as possible about the property before the buyer becomes contractually committed at the point of exchange. These enquiries and searches help identify any issues or potential liabilities associated with the property and protect the buyer’s interests.

Question 12

How are searches typically ordered by solicitors nowadays?

Answer 12

Most solicitors order searches via an online portal provided by the National Land Information Service (NLIS). The solicitor inputs the property address and can sketch the boundaries on an Ordnance Survey map. The NLIS acts as an intermediary between solicitors and various institutions. Some search providers include Searchflow, Thames Water Property Searches, Big Property Data, and Index.

Question 13

What information does a local search (CON29) provide?

Answer 13

A local search (CON29) provides replies from the local authority based on its records regarding various matters such as planning and building regulations, roads, and public rights of way. It reveals information about planning consents, refusals, completion notices, environmental notices, and more. The local land charges search (LLC1) is a search of the local authority’s register of local land charges, which includes information on planning permissions, enforcement notices, and financial charges affecting the property.

Question 14

What are some optional searches that may be appropriate in certain circumstances?

Answer 14

Optional searches that may be appropriate in certain circumstances include searches related to title and seller, such as land charges search, index map search, and companies search. Other optional searches depend on specific factors, such as CON29O for commons registration search, highways search, coal mining search, Cheshire Salt search, tin/clay/limestone search, phase I/phase II survey, flood search, utility providers search, and railways and waterways searches.

Question 15

What are the standard replies to enquiries in commercial property transactions?

Answer 15

The standard replies to enquiries in commercial property transactions are known as CPSE1 (Commercial Property Standard Enquiries).

Question 16

Are there additional forms for different transactions in commercial property?

Answer 16

Yes, there are additional CPSE forms (CPSE2, CPSE3, etc) for different transactions in commercial property.

Question 17

What are the standard forms used in residential property transactions?

Answer 17

In residential property transactions, the standard forms used are the Property Information Form (Form TA6) and the Fittings and Contents Form (Form TA10).

Question 18

What is the purpose of pre-contract enquiries in property transactions?

Answer 18

Pre-contract enquiries are used to gather information about the property from the seller. The replies rely on the seller being co-operative and truthful. A seller may decline to answer enquiries if they have no knowledge of the property, but they cannot deliberately mislead the buyer.

Question 19

What action can be taken if a seller provides misleading information in response to enquiries?

Answer 19

A misleading statement by the seller can give rise to an action in misrepresentation. The seller cannot deliberately mislead the buyer by concealing physical defects or answering enquiries dishonestly.

Question 20

What does the phrase ‘Not so far as the seller is aware’ mean in relation to answering enquiries?

Answer 20

The phrase ‘Not so far as the seller is aware’ does not absolve the seller of responsibility if the answer should have been ‘yes’. It means that the seller has made reasonable investigations in the matter.

Question 21

What are additional enquiries and when are they typically raised?

Answer 21

Additional enquiries are typically raised by the buyer’s solicitor on specific issues that arise from the investigation of title, search results, or standard replies to enquiries. These enquiries help gather more information about the property.

Question 22

How do searches relating to title/seller contribute to the investigation of a property?

Answer 22

Searches relating to title/seller provide important information about the property. For example, an index map search shows the extent of registered titles and unregistered land within the area searched. Central Land Charge Search reveals information about the seller and previous owners. These searches help build a complete picture of the property.

Question 23

Why is it important to distinguish between searches relating to title/seller and other pre-contract searches?

Answer 23

It is helpful to keep searches relating to title/seller distinct as they form part of the investigation of title. These searches are no less important than other pre-contract searches, but it is useful to differentiate them in order to understand their role in the overall process.

Question 24

What information does an index map search provide?

Answer 24

An index map search shows the extent of registered titles and unregistered land within the area searched. It does not show ownership, and official copies must be ordered if this information is required. The search reveals what registered title exists in the searched area.

Question 25

What is the purpose of an index map search (SIM) in property transactions?

Answer 25

An index map search (SIM) is conducted in property transactions to determine the extent of registered titles and unregistered land within a specific area. It does not provide ownership information, but official copies can be ordered if needed.

Question 26

What is the significance of a central land charge search (Form K15) in unregistered property transactions?

Answer 26

In unregistered property transactions, a central land charge search (Form K15) is carried out against the full names of the seller and all previous owners mentioned in the epitome of title. This search helps identify any charges or interests associated with the property.

Question 27

When is a bankruptcy search (K16) typically carried out in property transactions?

Answer 27

A bankruptcy search (K16) is usually conducted against the seller in property transactions that are not at full market value. It is also performed when a buyer is taking a mortgage, although this is covered in Week 5 of the process.

Question 28

Why is a company search important in property transactions involving a seller who is a company?

Answer 28

A company search is conducted to verify the existence of the company and ensure it has not gone into liquidation or been dissolved. It also reveals any security interests that the company has given.

Question 29

What is the purpose of searches and enquiries in property transactions?

Answer 29

Searches and enquiries are used to gather important information about a property and its surroundings. They involve investigating third parties such as the local authority, utility providers, and the seller themselves. The goal is to build a comprehensive picture of the property and identify any potential issues.

Question 30

Why is the local search considered one of the most important searches in property transactions?

Answer 30

The local search is crucial in every property transaction, whether residential or commercial. It combines various searches, including the local land charges search (LLC1) and local authority enquiries (CON29 and CON29O). The local search provides planning information, details about roads, conservation areas, and other important charges related to the property.

Question 31

What does the local land charges search (LLC1) reveal in property transactions?

Answer 31

The local land charges search (LLC1) provides information about planning permissions, conservation areas, Tree Preservation Orders, and other planning-related matters. It also reveals miscellaneous charges, smoke control orders, and listed building charges. The LLC1 search helps assess the planning history and potential restrictions on the property.

Question 32

What is the purpose of the CON29 enquiries in property transactions?

Answer 32

The CON29 enquiries are standard enquiries made to the local authority in property transactions. They cover various aspects such as planning permissions, building regulations approvals, roads, public rights of way, and contamination. The CON29 provides important information about the property and its surroundings.

Question 33

What additional enquiries can be made using the CON29O form in property transactions?

Answer 33

The CON29O form allows for optional enquiries of the local authority. These enquiries can cover topics such as public footpaths, commons registration, road proposals by private bodies, and village green enquiries. Relevant additional enquiries should be raised based on the specific circumstances of the property transaction.

Question 34

Why is it important to review the results of the local search and assess their implications?

Answer 34

Reviewing the results of the local search allows for the identification of any issues or unexpected information related to the property. For example, the absence of planning permission for recent works may require further action, or the property being in a conservation area may have implications for future development. It is important to report these findings to the client and suggest appropriate solutions.

Question 35

What does the local land charges search reveal about planning permissions?

Answer 35

The local land charges search (LLC1) provides information about planning permissions that have been granted, refused, or applied for. It also indicates if the property is in a conservation area. Part 3 of the register contains details related to planning charges.

Question 36

Why is the CON29 important in relation to building regulations?

Answer 36

The CON29 enquiries provide information about whether Building Regulations Approvals and Building Regulations Completion Certificates have been obtained for works carried out on the property. This helps ensure compliance with building regulations and provides assurance regarding the quality of construction.

Question 37

What information does the CON29 provide about roads in property transactions?

Answer 37

The CON29 includes enquiries about roads adjacent to the property and whether they are adopted public highways. It also covers private rights of way and any current adoption plans. A separate highways search may be conducted to determine the exact boundary between private land and the highway.

Question 38

What does the CON29 reveal about contamination in property transactions?

Answer 38

The CON29 informs whether the local authority has served a notice regarding contaminated land. This information is crucial for assessing potential environmental risks associated with the property. Additional enquiries and actions may be required based on the results of the CON29 and desktop environmental searches.

Question 39

Why is it important to raise relevant additional enquiries using the CON29O form?

Answer 39

The CON29O form allows for specific enquiries to be raised based on the circumstances of the property transaction. These additional enquiries can provide valuable information about public footpaths, commons registration, road proposals, and other relevant matters. Raising relevant additional enquiries ensures a comprehensive understanding of the property and its surroundings.

Question 40

What clues can the plan of a property and its surrounding area provide about whether it is Commons Land?

Answer 40

The plan of the property and the surrounding area can provide clues about whether a property is Commons Land.

Question 41

What is the purpose of the CON 29O form?

Answer 41

The CON 29O form is used for additional enquiries related to property, such as determining if the property is subject to other people having rights over it or part of it, which could prevent development.

Question 42

What skills are required to read a local search?

Answer 42

Reading a local search requires the skill of constantly referring back to the questions on the pre-printed form while reading the separate document containing the results. Additionally, having a basic understanding of planning legislation is necessary when reading search results.

Question 43

What is the difference between planning permission and building regulations?

Answer 43

Planning permission is needed for development, such as building work or a material change of use. Building regulations, on the other hand, are concerned with health and safety aspects of the building, such as structural integrity and fire safety.

Question 44

What are some examples of use classes in planning permission?

Answer 44

Examples of use classes include A1 (shops), A2 (financial and professional services), A3 (food and drink), B1 (business), B2 (general industrial), C1 (hotels), C3 (dwellinghouses), and D1 (non-residential institutions).

Question 45

What is the purpose of the General Permitted Development Order (GPDO)?

Answer 45

The GPDO acts like a general planning permission for various listed works and changes of use. It allows certain development without the need for planning permission, but it can be amended or restricted by an Article 4 Direction.

Question 46

What is the significance of listed buildings and conservation areas in planning control?

Answer 46

Listed buildings and buildings within conservation areas are subject to stricter controls in planning permission. Listed buildings require listed building consent for alterations, while conservation areas have restrictions on external appearance changes and demolition

Question 47

What is the relationship between planning permission and building regulations?

Answer 47

Planning permission and building regulations are separate requirements. Planning permission focuses on land use and development, while building regulations ensure compliance with health and safety standards in construction.

Question 48

What are the enforcement options for breaches of planning control?

Answer 48

The local authority has enforcement options such as issuing an enforcement notice, stop notice, or breach of condition notice. They can also apply for an injunction. Time limits apply for taking enforcement action.

Question 49

What are the enforcement options for breaches of building regulations?

Answer 49

For breaches of building regulations, the local authority may choose to prosecute the person responsible for the breach in the Magistrates' Court. Prosecution must take place within six months of discovering the breach.

Question 50

What is the purpose of a planning enforcement order?

Answer 50

A planning enforcement order can be applied by the local authority when a breach of planning control has been deliberately concealed. It allows the local authority to take enforcement action against the breach.

Question 51

What is the time limit for enforcement action in case of a breach of planning control?

Answer 51

The local authority must take enforcement action within specific time limits. For building works, the time limit is 4 years from the date of substantial completion. For changes of use, the time limit varies depending on the type of change.

Question 52

What is the purpose of a building regulations certificate of compliance?

Answer 52

A building regulations certificate of compliance is issued by a building control inspector after inspecting the work covered by building regulations. It confirms that the work is in accordance with the regulations.

Question 53

What is the purpose of a certificate of lawfulness?

Answer 53

A certificate of lawfulness confirms that either the work does not constitute development or, if it does, it falls within the General Permitted Development Order (GPDO). It is not planning permission but provides legal confirmation.

Question 54

What are some examples of new use classes introduced in 2020?

Answer 54

Some examples of new use classes introduced in 2020 include E (commercial, business and service), F1 (learning and non-residential institutions), and F2 (local community).

Question 55

What is the purpose of an enforcement notice in relation to building work?

Answer 55

An enforcement notice is served by the local authority within one year after the completion of the building work. It gives the landowner 28 days to alter or remove the work. If the landowner fails to comply, the local authority can undertake the work at the landowner's expense.

Question 56

What action can a local authority take if building work is deemed unsafe?

Answer 56

If the building work is deemed unsafe, there is no time limit for the local authority to apply to court for an injunction.

Question 57

What are the implications for a buyer's solicitor regarding compliance with planning law and building regulations?

Answer 57

A buyer's solicitor needs to check for compliance with planning law and building regulations when conducting due diligence. This includes reviewing local search results, seller's replies to enquiries, and the buyer's survey. If a breach is discovered, the buyer's solicitor will need to advise on the available options.

Question 58

What options are available to a buyer upon discovering a breach of planning or building regulations?

Answer 58

Upon discovering a breach of planning or building regulations, a buyer has several options: 1) Withdraw from the transaction, 2) Invite the seller to regularize matters before completion, 3) Obtain indemnity insurance for breaches, or 4) In some circumstances, the seller may be able to obtain retrospective planning permission or a regularisation certificate.

Question 59

What is the purpose of pre-contract enquiries in a property transaction?

Answer 59

Pre-contract enquiries are raised to obtain information about a property that may not be available in public records or immediately apparent on inspection. They help the buyer's solicitor gather as much information as possible to make an informed decision about the purchase.

Question 60

Why do sellers answer pre-contract enquiries?

Answer 60

Sellers answer pre-contract enquiries to provide information about the property that may not be readily available to the buyer. Refusing to answer enquiries may lead to a buyer delaying or withdrawing from the purchase. However, if the seller does not have actual knowledge of the property, they may decline to give replies.

Question 61

What should a buyer's solicitor do if the replies to pre-contract enquiries are incomplete or unclear?

Answer 61

A buyer's solicitor should treat the replies to pre-contract enquiries with caution and use them to complement other investigations. If the replies are incomplete or unclear, the solicitor should raise additional enquiries to clarify any issues or expand on the information provided.

Question 62

What are the potential consequences of breaching the Law Society Conveyancing Protocol?

Answer 62

Breaching the Law Society Conveyancing Protocol can lead to consequences such as being required to provide an explanation, being monitored, and even being removed from membership of the Conveyancing Quality Scheme. Compliance with the Protocol is important to ensure fair treatment and protection for all parties involved in the conveyancing process.

Question 63

What are the Commercial Property Standard Enquiries (CPSE) used for?

Answer 63

The Commercial Property Standard Enquiries (CPSE) are used in commercial property transactions. CPSE1 applies to all commercial property transactions and covers various matters such as responsibility for boundaries, access to the property, planning and building regulations, and more. CPSE2 applies when the property is subject to commercial tenancies, while CPSE3 applies on the grant of a new lease.

Question 64

What is the purpose of the TA6 Property Information Form in residential property transactions?

Answer 64

The TA6 Property Information Form is always used in residential property transactions. It covers matters such as boundaries, rights benefiting and burdening the property, disputes, complaints, alterations, planning and building regulations, occupiers, services and utilities, energy efficiency, and more.

Question 65

What is the purpose of raising additional enquiries in a property transaction?

Answer 65

Raising additional enquiries allows the buyer's solicitor to follow up on issues raised during the title investigation, search results, standard replies to enquiries, inspection, or surveyor's report. It helps clarify any concerns and expand on the information provided in the standard replies.

Question 66

What are the potential remedies for misrepresentation in pre-contract enquiries?

Answer 66

If a seller misrepresents a fact in the replies to pre-contract enquiries and the buyer relies on that misrepresentation and suffers loss, the buyer may have an action against the seller for misrepresentation. Remedies for misrepresentation include rescission (cancellation of the contract) or damages.

Question 67

What are the consequences of providing incorrect replies to pre-contract enquiries?

Answer 67

Providing incorrect replies to pre-contract enquiries can lead to liability for the seller. If the seller deliberately misleads the buyer by concealing physical defects or answering enquiries dishonestly, they may face legal consequences. Sellers should take care when answering questions and make reasonable investigations to avoid misrepresentation.

Question 68

What is the purpose of the Law Society Conveyancing Protocol?

Answer 68

The Law Society Conveyancing Protocol aims to make the conveyancing process more efficient and transparent for all parties involved in residential property transactions. It provides a set of steps to follow and promotes open communication and sharing of information to reduce wasted time and costs.

Question 69

What is the purpose of a local search (CON29 and LLC1)?

Answer 69

A local search (CON29 and LLC1) provides information about various aspects related to a property, such as public rights of way, common land, planning permissions, planning enforcement notices, drainage, water supply, contaminated land, and more.

Question 70

Why is it important to order a local search (CON29 and LLC1)?

Answer 70

Ordering a local search (CON29 and LLC1) is important because it provides crucial information about the property, including any potential issues or liabilities that may affect its value or use. It helps buyers and their solicitors make informed decisions during the property transaction process.

Question 71

What does a drainage and water search check?

Answer 71

A drainage and water search checks whether the property is connected to a public sewer and water supply. It ensures that the property has access to essential utilities.

Question 72

What is the purpose of an environmental - Phase I survey?

Answer 72

An environmental - Phase I survey involves a site inspection to assess the potential risk of contamination based on historical data and maps. It provides initial information about possible contamination on the property.

Question 73

Why is a chancel repair search important?

Answer 73

A chancel repair search is important because it identifies the potential liability of the property owner to contribute to the cost of repairing the church chancel. It helps buyers assess the risk and consider appropriate insurance options.

Question 74

What does an index map search involve?

Answer 74

An index map search is used to check all registered titles within the boundaries searched. It is necessary for unregistered titles, multiple titles, or when there are exceptions such as mineral rights.

Question 75

What information does a CON29DW search provide?

Answer 75

A CON29DW search checks whether the property is connected to a public sewer and water supply. It ensures that the property has access to essential utilities.

Question 76

What is the purpose of a flood search?

Answer 76

A flood search provides detailed information on the risk of flooding for a property. It helps buyers assess the potential impact of flooding and make informed decisions.

Question 77

Why is it important to analyze the seller's replies to enquiries?

Answer 77

Analyzing the seller's replies to enquiries provides relevant information about the property, such as any issues or potential liabilities. It helps buyers understand the condition and history of the property before making a decision.

Question 78

What is the purpose of a highways search (CON29R)?

Answer 78

A highways search (CON29R) provides information about the roads and pavements that are adopted by the local authority. It helps identify any private rights or obligations related to the property's access to public highways.

Question 79

Why is it important to carry out an environmental - Phase II survey?

Answer 79

An environmental - Phase II survey involves taking soil and water samples to test for actual contamination on the property. It provides more detailed information about the presence and extent of contamination, helping buyers assess potential risks and plan appropriate remediation measures.

Question 80

What does a mining search check for?

Answer 80

A mining search checks for the risk of subsidence from coal mining or other specific types of mining in the area. It helps buyers assess potential risks and take appropriate measures to mitigate them.

Question 81

What is the purpose of a waterways search?

Answer 81

A waterways search checks for any obligations to maintain the banks of a river or waterway that runs through or next to the property. It helps buyers understand their potential liabilities related to waterway maintenance.

Question 82

Why is it important to carry out title searches?

Answer 82

Title searches are important to investigate and verify the legal ownership and rights associated with a property. They help buyers ensure that the property's title is clear and free from any encumbrances or disputes.

Question 83

What should the buyer's solicitor consider regarding planning and building regulations?

Answer 83

The buyer's solicitor should consider if there have been any building works or alterations at the property, a change of use, and check the searches for any necessary consents. They should also consider whether enforcement action is still a risk.

Question 84

What is planning permission and when is it needed?

Answer 84

Planning permission is needed for development, including building works and demolition. However, works that only affect the interior of the building may not require planning permission. Permitted development may be allowed under a General Permitted Development Order (GPDO) if it falls within the GPDO and is not disapplied.

Question 85

What are building regulations and when are they required?

Answer 85

Building regulations ensure that building work complies with standards of structural soundness, safety, environmental protection, etc. External or internal building works require building regulations approval, whether or not planning permission is needed. Building regulations approval involves submitting full plans and specifications to the local authority for approval, followed by inspection and the issuance of a certificate of compliance.

Question 86

What is a change of use and how does it relate to planning permission?

Answer 86

A change of use refers to a property being used for a different purpose. Property uses are classified under the Town and Country Planning (Use Classes) Order 1987. Some changes of use between different use classes may not require planning permission, depending on the specific use classes involved.

Question 87

What is an Article 4 Direction and how does it affect permitted development?

Answer 87

An Article 4 Direction allows local planning authorities to disapply parts of the General Permitted Development Order (GPDO). If an Article 4 Direction has been made for a particular permitted development, planning permission would be required instead of relying on permitted development rights.

Question 88

What is a conservation area and how does it impact planning controls?

Answer 88

A conservation area is an area of special architectural or historical interest designated by the local planning authority. It helps preserve the character and appearance of the area. Conservation areas may have extra planning controls in place, such as stricter conditions for planning permissions. An Article 4 Direction is more likely to be made in a conservation area.

Question 89

How can the buyer's solicitor check if planning permissions and building regulations approvals have been obtained?

Answer 89

The buyer's solicitor can check planning permissions in the LLC1 result of the local search and building regulations approvals in the CON29 result. The LLC1 shows obtained planning permissions, while the CON29 shows refused planning permissions and building regulations approvals.

Question 90

What are the time limits for enforcement action for planning permission and building regulations?

Answer 90

For planning permission, the time limit is 4 years for building works carried out without planning permission or change of use to a single dwelling house, and 10 years for any other change of use or breach of a condition. Building regulations have a time limit of 6 months after discovering a breach to prosecute, 12 months to serve an enforcement notice, and no time limit for seeking an injunction through the courts.

Question 91

What are the options if the time limits for enforcement have not expired?

Answer 91

If there is still a risk of enforcement action for planning issues, the options are an indemnity policy to cover financial losses caused by enforcement or retrospective planning permission. For building regulations breaches, the options are an indemnity policy or a regularisation certificate and remedying any non-compliant work.

Question 92

What are the potential remedies available to the local authority for a breach of planning permission or a planning permission condition?

Answer 92

The local authority can issue a planning enforcement notice to require the land to be restored to its previous condition, serve a stop notice to prohibit further activities in breach of planning control, or issue a breach of condition notice to require compliance with conditions imposed by a planning permission. They can also seek an injunction from the court if necessary.

Question 93

What does a solicitor risk if they do not obtain copies of building regulations approvals and certificates?

Answer 93

Case law has confirmed that a solicitor who does not take all reasonable steps to obtain copies of building regulations approvals and certificates may be found negligent.

Question 94

What is the purpose of an indemnity policy and when is it considered sufficient for building regulations breaches?

Answer 94

An indemnity policy covers financial losses caused by enforcement action. For minor or trivial breaches of building regulations, an indemnity policy may be considered sufficient. However, it should be noted that work that does not comply with building regulations may not be safe and indemnity policies do not cover the risk of structural collapse or personal injury.

Question 94

What are the local authority's enforcement options for a breach of planning permission or a planning permission condition?

Answer 94

The local authority's enforcement options include issuing a planning enforcement notice, serving a stop notice, issuing a breach of condition notice, and seeking an injunction through the courts if necessary.