Prep 3 Pr-Contract Searches and Enquiries

What is report on title?

A report to the client aht informs on title search results and replies to enquiries

CCS 6.4

Requires solicitors to ensure that the client is made aware of all information material to the matter of which they have knowledge. 

CCS 8.6

Requires that solicitors give client information in a way that they can understand

Elements of a Local Search

• Standard Form CON29

• Optional Form CON29O

• Local Land Charges Search (LLC1)

Standard Form CON29

Gives information on:

• Planning consents, refusals and completion notices

• Building regulations

• Roads and public rights of way

• Environmental notices, including contaminated land notices

Local Land Charges Search (LLC1)

Show the local authority’s register of local land charges such as:

• Article 4 Restrictions

• Preservation Orders

• Control Orders

• Running enforcement or stop notices

Searches that should ALWAYS be carried out

• Drainage and Water Search

• Desktop Environmental Search

• Chancel Repair Search

Optional Searches

• Highways Search

• Coal Mining Search

• Cheshire Salt Search

• Tin, Clay and Limestone Search

• Environmental (Phase 1 and 2) Search

• Flood Search

• Utility Search

• Railway Search

• Waterways Search

Standard Forms for Residential Pre-Contract Enquiries

• Property Information Form TA6

• Fittings and Contents Form TA10

• Leasehold Information Form TA7

• New Home Information Form TA8

William SIndall plc v Cambs CC

A seller who answers “not as far as the seller is aware” will be deemed to have made reasonable investigations in the matter

Searches relating to Title/ Seller

• Index Map Search

• MapSearch

• Central Land Charge Search (Form K15)

• Bankruptcy Search (K16)

• Company Search

When is planning permission not needed?

• Where work only affects the interior

• Where the external appearance is not materially changed

• Changes of use within the same class

Development under s55 Town and Country Planning Act 1990

Means carrying out certain building works on land or a material change of use of the land

Town and Country Planning (General Permitted Development Order) 2015

Allows certain development without planning permission

Sui Generis

Where the use of a building does not belong to a use class and therefore cannot be used for another other purpose

Article 4 Direction

Can excluded or amend the GPDO to carry out development

Certificate of Lawfulness

Can be used to confirm whether a development falls within the GPDO

Listed Buildings

Buildings of special architectural or historic interest

Grade I Listed Buildings

Buildings of exceptional interest

Grade II* Listed Buildings

Particularly important buildings of more than special interest

Grade II Listed Buildings

Buildings of special interest

Conservation Areas

Areas of special historical or architectural interest, the character or appearance of which is desirable to preserve or enhance

Effects of a Conservation Area

• GPDO is restricted

• Planning Permission needed to demlish an unlisted building

Building Regulations 2010

Apply to:

• Erection or extension of the building

• Installation or extension of a service of fitting that is controlled under the building regulations

• Work required where there is a material change of use of the whole building

• Issues of Health and Safety

Building Regulations Certificate of Compliance

Issued by a Building Control Inspector to ensure that work is in accordance with building regulations after completion

Enforcement Options for Planning Permission

• Enforcement Notice

• Stop Notice

• Breach of Condition Notice

• Injunction

Enforcement Notice for Planning Permission

Authority must give 28 days notice to restore or comply with conditions or there may be a fine and the local authority may carry out the work at the landowner’s expense

Enforcement Time Limits for Planning Permission

• Four years for building works when substantially completed or where the change of use is to a single dwelling house

• 10 years for other changes of use or breach of planning condition

Enforcement of Planning Permission outside Time Limits

Local authority can apply to a Magistrates Court for a planning enforcement order

Enforcement Options for breach of building regulations

• Prosecution

• Enforcement Notice

• Injunction

Enforcement Notice for Building Regulations

28 days to alter or remove work or the work will be undertaken at the landowner’s expense

Options available to a buyer on discovering breach of planning or building regulations

• Withdraw from Transaction

• Indemnity Insurance at the Seller’s expense

• Invite the seller to regularise matters before completion

• Request that the seller obtain retrospective planning permission or a Regularisation Certificate for Works

Commercial Property Standard Enquiries

• CPSE 1 for general matters

• CPSE 2 for commercial tenancies

• CPSE 3 for a new lease

Raising Additional Enquiries

• For commercial enquiries, any additional enquiries are permitted

• For residential enquiries, only enquiries of fact are allowed, not enquiries of opinion

Misrepresentation

Buyer must prove that they relied upon the seller’s misrepresentation and suffered a loss due to this in order to have a claim

Remedies for Misrepresentation

• Rescission

• Damages

Law Society Conveyancing Protocol

• Standard Conditions of Sale incorporated into the contract

• Property Forms

• Formulae for Exchange

• Code for Completion by post

Consequences of breaching the protocol for accredited solicitor

They may be required to give an explanation, be monitored or removed from the Conveyancing Quality Scheme