PLP WK 3

Question 1

What is the purpose of a Report on Title?

Answer 1

It summarizes the solicitor’s findings from the investigation of the property’s title, search results, and replies to standard and additional enquiries to highlight important facts, potential issues, and offers possible solutions in plain language for the client.

Question 2

What is the structure of a Report on Title?

Answer 2

It typically includes: Interpretation; Scope of the Review & Limitation of Liability; Executive Summary; Purchase Price & Contract Terms; The Property; Matters Benefiting the Property; Matters Burdening the Property; Search Results; Replies to Enquiries; Planning & Building Regulations; Insurance; Stamp Duty Land Tax; and Conclusion.

Question 3

What regulatory obligations apply to a Report on Title?

Answer 3

CCS 6.4: Solicitors must inform their clients of all material facts related to the property. CCS 8.6: Information must be provided in an understandable manner, explaining the report to the client if necessary.

Question 4

What are the key points to remember about a Report on Title?

Answer 4

It is prepared before the exchange of contracts, providing key information about the property; it identifies material facts, issues, and possible solutions; it outlines the solicitor’s investigations and limitations of liability; and clients must fully understand the report before proceeding to contract exchange.

Question 5

What is the purpose of searches and enquiries?

Answer 5

Due to caveat emptor, a buyer’s solicitor must gather as much information as possible about a property before the buyer becomes legally committed at the exchange of contracts. This is done through title investigation, pre-contract searches, and enquiries.

Question 6

Who conducts searches and when should they be submitted?

Answer 6

Typically conducted by the buyer’s solicitor, but seller’s or lender’s solicitors may also do so depending on the transaction. Searches should be submitted early, as some may take several weeks, and standard searches are usually mandatory, while optional searches depend on the specifics of the property.

Question 7

List four standard searches.

Answer 7

Local Search (CON29 & LLC1), Drainage & Water Enquiries, Desktop Environmental Search, and Chancel Repair Liability.

Question 8

List four optional searches.

Answer 8

CON29O, Highways Search, Coal Mining Search, and Specialty Searches (Tin, Clay, Limestone, Cheshire Salt).

Question 9

How are searches conducted?

Answer 9

Traditionally conducted via letters or forms, most searches are now conducted through online portals like the National Land Information Service (NLIS), which connects solicitors to relevant institutions.

Question 10

What are the key components of a Local Search?

Answer 10

●CON29 (Standard Enquiries): Reveals planning permissions, building regulations, public rights of way, environmental notices, etc.

● LLC1 (Local Land Charges Register): Identifies planning permissions, enforcement notices, tree preservation orders, conservation areas, and financial charges.

Question 11

What are the key components of Drainage & Water and Environmental Searches?

Answer 11

● Drainage & Water Search: Submitted to local water companies and checks drainage connections and water supply status.

● Environmental Searches:
○ Desktop Search: Reviews historical land use and indicates contamination risks.
○ Phase 1/Phase 2 Surveys: Involves site inspections and testing for contamination if the desktop search shows risks.

Question 12

List three Additional Searches.

Answer 12

Highways search, mining search, and chancel repair search.

Question 13

What are the seller’s obligations with regard to pre-contract enquiries?

Answer 13

The seller must provide truthful responses to standard pre-contract enquiries (TA6 for residential property and CPSE1 for commercial property).

Question 14

What forms are used for pre-contract enquiries?

Answer 14

● TA6 (Property Information Form): Details property boundaries, alterations, neighbour disputes, and utility information.

● TA10 (Fittings and Contents Form): Lists items included in the sale.

Question 15

Can additional enquiries be raised?

Answer 15

Buyer’s solicitors may raise additional enquiries based on search results or title investigations, resolved through correspondence between solicitors.

Question 16

List three searches related to title/seller.

Answer 16

Index Map Search (SIM), Bankruptcy Search (K16), and Company Search.

Question 17

Summarize the purpose of searches.

Answer 17

Standard pre-contract enquiries and searches are essential for all transactions. Optional and additional searches may be necessary depending on the specifics of the property. Searches relating to the title and seller form part of the investigation process and help ensure there are no legal obstacles to the purchase.

Question 18

Describe the roles of the buyer’s and seller’s solicitors in title investigations.

Answer 18

The seller’s solicitor deduces the title, while the buyer’s solicitor conducts detailed investigations through searches and enquiries, carried out with third parties like the local authority and utility providers, as well as through direct questions to the seller, with the purpose of building a full picture of the property’s status, history, and potential issues.

Question 19

What is a local search?

Answer 19

It is performed in every transaction, both residential and commercial, and refers to a combination of two main searches: LLC1 (Local Land Charges Search) and CON29 (Standard Enquiries of the Local Authority). CON29O (Optional Enquiries) is optional.

Question 20

What does the LLC1 Search reveal?

Answer 20

It requests information from the Local Land Charges Register and reveals important planning and legal details about the property. The register consists of 12 parts (usually all are searched), and results include entries for planning permissions, conservation areas, tree preservation orders, smoke control orders, listed building charges, and more.

Question 21

List five key points revealed in the LLC1.

Answer 21

Planning charges (Part 3) including planning permissions and consents granted; conservation areas; Tree Preservation Orders; miscellaneous charges (Part 4) including smoke control orders; and Listed Building Charges (Part 10).

Question 22

What actions should be taken on LLC1 results?

Answer 22

Compare the results with known facts about the property (e.g., recent building work); if something is missing (e.g., planning permission for recent works), suggest solutions (e.g., retrospective planning permission); and report key findings to the client (e.g., if the property is in a conservation area).

Question 23

What is a CON29?

Answer 23

It is a standard set of questions to the local authority about the property and its surrounding area. It overlaps with LLC1 in some areas but provides more detailed information (e.g., planning refusals, ongoing applications).

Question 24

List four key points addressed by the CON29.

Answer 24

Planning permissions and refusals, providing a fuller view of planning applications, including refusals and ongoing applications; building regulations, including approvals and completion certificates for work on the property; roads, determining whether adjacent roads are adopted and any adoption plans; and contamination, alerting to any local authority notices on contaminated land.

Question 25

What is the purpose of a Highways search?

Answer 25

To determine the exact boundary between private land and public highways to ensure a property abuts a public highway or clarify rights of way, providing additional detail beyond CON29's general question on adopted roads.

Question 26

What does CON29O cover?

Answer 26

Optional enquiries covering specific issues like road proposals by private bodies and common land/village green enquiries.

Question 27

When is a Commons Registration Act Enquiry important?

Answer 27

It is important for undeveloped or newly developed areas. A "no" answer to common land questions means the property is free from common land rights that could hinder development.

Question 28

Why is it important to understand how to read and interpret search results?

Answer 28

These searches are fundamental to ensure the property is free from legal complications or development restrictions that could impact the buyer.

Question 29

When is planning permission required?

Answer 29

It is required for any "development" on land, which includes building works on land (materially affecting the external appearance) and material changes of use of the land.

Question 30

List three exceptions to planning permission.

Answer 30

Interior works only affecting the inside of a building; external works not materially changing the building’s external appearance; and changes within the same use class.

Question 31

List five examples of use classes.

Answer 31

B2 - General Industrial; C1 - Hotels; C2 - Residential institutions; C3 - Dwelling houses; and E - Commercial, business, and service.

Question 32

What does Sui Generis mean?

Answer 32

It refers to uses that do not fall within a specific use class. Changes to/from these uses require planning permission (e.g., theaters, pubs, nightclubs, and takeaways).

Question 33

What is Permitted Development?

Answer 33

Certain developments do not require planning permission under the General Permitted Development Order 2015 (GPDO), such as residential garden decking if under 30 cm in height and covering no more than half the garden.

Question 34

Can Permitted Development be restricted?

Answer 34

An Article 4 Direction can restrict permitted development rights in certain areas, making planning permission necessary.

Question 35

What can you apply for if you are unsure whether work falls under GPDO or requires planning permission?

Answer 35

A Certificate of Lawfulness.

Question 36

What are Listed Buildings and how are they graded?

Answer 36

They are buildings of historical/architectural interest. Grade I: Exceptional interest (e.g., Tower Bridge); Grade II*: More than special interest (e.g., Battersea Power Station); and Grade II: Special interest (e.g., Adelphi Hotel).

Question 37

What consent is required to alter, extend, or demolish a Listed Building?

Answer 37

Listed Building Consent, which applies even for internal alterations.

Question 38

What are Conservation Areas?

Answer 38

They are designated for the preservation or enhancement of historic or architectural interest, and planning permission may be required for external works. Special rules apply for tree works and demolishing unlisted buildings.

Question 39

Summarize the key points about planning permission and building regulations.

Answer 39

Planning permission is required for "development," including building work and material changes of use; GPDO 2015 acts as general permission but can be restricted; listed buildings and conservation areas face stricter controls; and building regulations focus on health and safety, separate from planning permission, and require separate consent.

Question 40

When does a breach of planning control occur?

Answer 40

When development is carried out without planning permission, or a condition or limitation of the granted planning permission is violated.

Question 41

List four enforcement options a local authority has to address a breach of planning control.

Answer 41

Enforcement Notice; Stop Notice; Breach of Condition Notice; and Injunction.

Question 42

What are the enforcement time limits for breaches of planning control?

Answer 42

Before 25 April 2024: 4 years for building works or change of use to a single dwelling, and 10 years for other changes of use and breaches of planning conditions. On or After 25 April 2024: The time limit for all planning breaches will be 10 years.

Question 43

Can the enforcement period be extended?

Answer 43

If a breach is deliberately concealed, a planning enforcement order may be sought from a court, extending the enforcement period.

Question 44

How are breaches of building regulations enforced?

Answer 44

Breaches of building regulations are also subject to enforcement, which may affect the current landowner, meaning a buyer's solicitor must verify compliance.

Question 45

What are the new enforcement time limits for building regulations in England?

Answer 45

Prosecution: Unlimited time to prosecute responsible parties (builders, contractors) for breaches, with unlimited fines; Enforcement Notice: 10 years from completion to serve an enforcement notice; and Injunction: No time limit if the work is unsafe.

Question 46

List three things a buyer's solicitor should check for to investigate potential breaches.

Answer 46

The Local search; the seller's replies; and the buyer’s survey.

Question 47

List three options for buyers if breaches are discovered.

Answer 47

Withdraw from the transaction; regularize the issue before completion; and obtain Indemnity Insurance.

Question 48

Summarize the implications of breaches of planning control and building regulations.

Answer 48

Breaches of planning control and building regulations can be enforced by local authorities, but time limits apply. Planning enforcement has a 10-year time limit, while building regulations enforcement varies between England and Wales. The buyer's solicitor must check for breaches to avoid liability for the buyer. Options for the buyer include withdrawing, regularizing breaches, or obtaining indemnity insurance.