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Pre contract searches planning Flashcards

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1
Q

What is the purpose of a report on title?

A

To inform the client about the solicitor’s investigation of title, search results, and replies to inquiries.

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2
Q

What does ‘caveat emptor’ mean in the context of property transactions?

A

Buyer beware; once contracts are exchanged, the buyer has no means of objecting to issues that arise.

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3
Q

What are the typical contents of a report on title?

A
  • Interpretation
  • Scope of the review and limitation of liability
  • Executive summary
  • Purchase price and other contract terms
  • The Property
  • Matters benefiting the Property
  • Matters burdening the Property
  • Search results
  • Replies to enquiries
  • Planning and building regulations
  • Insurance
  • Stamp Duty Land Tax
  • Conclusion
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4
Q

What must a report on title include regarding limitations on the solicitor’s liability?

A

It should state that the report is based on reviewing title documents, search results, and replies to inquiries.

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5
Q

What is CCS 6.4?

A

A requirement for solicitors to ensure clients are made aware of all material information relevant to the matter.

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6
Q

What does CCS 8.6 require from solicitors?

A

To provide clients with information in an understandable way.

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7
Q

What does a buyer’s solicitor typically do before the exchange of contracts?

A

Investigates title and raises pre-contract searches and enquiries.

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8
Q

What are standard searches typically conducted by a buyer’s solicitor?

A
  • Local search
  • Drainage and water enquiries
  • Desktop environmental search
  • Chancel repair liability
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9
Q

What is the purpose of a local search?

A

To cover matters relating to the property within the knowledge of the local authority.

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10
Q

What does the Local Land Charges Search (LLC1) reveal?

A
  • Planning permissions granted
  • Planning enforcement or stop notices
  • Tree preservation orders
  • Conservation areas
  • Listed building status
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11
Q

What is the function of a drainage and water search?

A

To check matters such as whether foul and surface water drain to a public sewer.

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12
Q

What is a desktop environmental search used for?

A

To indicate if the property has been used for potentially contaminative land uses and assess flood risk.

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13
Q

What is chancel repair liability?

A

Responsibility for the repair of the church roof shared between the church and parishioners in certain parishes.

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14
Q

What does a highways search determine?

A

Whether roads included in the search are adopted highways maintained by the local authority.

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15
Q

What are optional searches that may be conducted?

A
  • CON29O (including commons registration search)
  • Highways search
  • Coal mining search
  • Flood search
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16
Q

What is a Phase I Environmental Survey?

A

A more detailed environmental search that includes a site inspection.

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17
Q

What is the role of pre-contract enquiries?

A

To gather information from the seller at the beginning of the transaction.

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18
Q

What are the standard forms for residential property pre-contract enquiries?

A
  • Property information form (Form TA6)
  • Fittings and contents form (Form TA10)
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19
Q

What does the phrase ‘not so far as the seller is aware’ imply?

A

It does not absolve the seller from responsibility if the answer should have been ‘yes’.

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20
Q

What is an index map search?

A

A search showing the extent of registered titles and unregistered land within the area searched.

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21
Q

What is a bankruptcy search (K16)?

A

A search carried out against the seller if the transaction is not at full market value.

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22
Q

What is the purpose of a companies search?

A

To verify that the seller company exists and has not gone into liquidation or been dissolved.

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23
Q

What is usually carried out against the seller if the transaction is not at full market value?

A

A search at the Central Land Charges Registry

This search is relevant when assessing the seller’s obligations.

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24
Q

What should be checked if the seller is a company?

A

A company search to confirm existence and liquidation status

This also reveals security interests held by the company.

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25
What is the purpose of the Central Land Charge Search (Form K15)?
To search against the full names of the seller and previous owners for unregistered properties ## Footnote This is part of title investigation.
26
What are standard pre-contract enquiries?
Enquiries raised in every transaction concerning title and seller ## Footnote Optional searches may be appropriate in certain circumstances.
27
What is the local search?
A combination of local land charges search (LLC1) and local authority enquiries (CON29 and CON29O) ## Footnote It is mandatory for all transactions.
28
What does the local land charges search reveal?
Planning information about the property ## Footnote It includes confirmations of planning permissions and other consents.
29
What is included in the LLC1 results?
Entries regarding planning permissions, conservation areas, and Tree Preservation Orders ## Footnote Part 3 of the register details planning charges.
30
What do planning charges indicate?
What planning permissions or consents have been granted ## Footnote It may also reveal whether the property is in a conservation area.
31
What is the significance of being in a conservation area?
There are stricter conditions for carrying out work on the property ## Footnote Permitted development under GPDO is often not allowed.
32
What are the standard enquiries made through CON 29?
Questions about planning permissions, building regulations, and notices under planning legislation ## Footnote It gives a broader picture compared to the LLC1.
33
What does the CON 29O provide?
Optional enquiries about the property and surrounding area ## Footnote Includes questions like road proposals and commons registration.
34
What is a typical question on the CON 29O form?
Is there a public footpath running through the property? ## Footnote This can impact property use and rights.
35
What is the definition of 'development' in the context of planning permission?
Carrying out certain building works on land or a material change of use of the land ## Footnote Defined in s55, Town and Country Planning Act 1990.
36
When is planning permission not required?
For interior works or changes not affecting external appearance ## Footnote Also for changes within the same use class.
37
What are the use classes defined in the Town and Country Planning (Use Classes) Order 1987?
Grouped by letter and subdivided by letter or number, e.g., A1 (shops), C3 (dwellinghouses) ## Footnote Changes between classes typically require planning permission.
38
What does 'sui generis' mean?
Uses that do not belong to a use class, requiring permission for any change ## Footnote Examples include theatres, fuel stations, and pubs.
39
What does the GPDO 2015 allow?
Certain developments without planning permission under specified conditions ## Footnote In Wales, the equivalent is the GPDO 1995.
40
What can exclude GPDO 2015 permissions?
An Article 4 Direction ## Footnote This requires planning permission for proposed developments.
41
What is the equivalent of planning permission in Wales?
The Town and Country Planning (General Permitted Development) Order 1995 (GPDO 1995) ## Footnote GPDO 1995 governs permitted development rights in Wales.
42
What conditions must be met for decking to be permitted in a residential garden?
Decking is permitted if: * No more than 30 cm above the ground * Covers no more than half of the garden area * Located to the back of the house.
43
What can exclude or amend GPDO 2015 in a locality?
An Article 4 Direction ## Footnote This requires planning permission for developments that would otherwise be permitted.
44
What is a certificate of lawfulness?
A confirmation that work does not constitute 'development' or falls within GPDO 2015 ## Footnote It is not planning permission but provides legal assurance.
45
What are listed buildings?
Buildings of special architectural or historic interest ## Footnote They are subject to stricter planning rules.
46
What is required to demolish, alter, or extend a listed building?
Listed building consent ## Footnote This is separate from planning permission.
47
What are conservation areas?
Areas of special historic or architectural interest whose character or appearance it is desirable to preserve or enhance.
48
What is needed to demolish an unlisted building within a conservation area in England?
Planning permission ## Footnote In Wales, conservation area consent is required.
49
What do building regulations govern?
Health and safety issues including: * Structural integrity * Fire escape * Water supply * Stairways.
50
What significant event led to the Building Safety Act 2022?
The Grenfell Tower fire in 2017.
51
What does the Building Safety Act 2022 establish?
A new Building Safety Regulator focused on safety in and around buildings.
52
What is the Building Regulations 2010 (SI 2010/2214)?
Legislation that applies to 'building work' including erection, extension, and material change of use.
53
What is the time limit for enforcement action for building works completed before 25 April 2024?
4 years for building works and change of use to a single dwelling house; 10 years for other changes of use and breach of planning conditions.
54
What is the enforcement time limit for breaches of planning control after 25 April 2024?
10 years for all planning breaches.
55
What is an enforcement notice?
A notice requiring restoration of land or compliance with planning conditions within 28 days.
56
What is a stop notice?
A notice that requires specified activity to stop immediately after an enforcement notice.
57
What is a breach of planning control?
When development occurs without planning permission or a condition of planning permission is breached.
58
What is required for a buyer's solicitor regarding breaches of planning or building regulations?
To check for compliance with planning law and building regulations.
59
What is the principle of caveat emptor?
The buyer must find out as much information as possible about the property.
60
What are Commercial Property Standard Enquiries (CPSE)?
Standard enquiries used in commercial property transactions covering various matters such as boundaries and planning regulations.
61
What is the TA6 Property Information Form?
A form used in residential transactions covering matters like boundaries, disputes, and planning regulations.
62
What is the purpose of pre-contract enquiries?
To obtain information about a property before completing a transaction.
63
What options does a buyer have upon discovering a breach of planning or building regulations?
* Withdraw from transaction * Invite seller to regularize matters * Obtain indemnity insurance.
64
What is a retrospective planning permission?
Planning permission obtained after development has already taken place.
65
What is the role of a building control inspector?
To inspect work and issue a building regulations certificate of compliance if the work meets regulations.
66
What does the TA10 Fittings and contents form identify?
Identifies any fittings and contents included or excluded in the sale and those the buyer may buy in addition to the property.
67
When is the TA7 Leasehold information form used?
Used where the property is a long leasehold (e.g., a flat on a 99 year lease).
68
What is the purpose of the TA8 New home information form?
Used where the property has been newly built.
69
What significant change was made to Form TA6 by the Law Society?
It now has a Part 1 for the seller and a Part 2 for the conveyancing process.
70
What is a concern regarding the new TA6 form?
The form is not straightforward, leading sellers to seek help from solicitors, incurring fees.
71
What is the new compulsory date for the TA6 form as of the writing date?
15 January 2025.
72
What can the buyer’s solicitor raise in additional enquiries?
Follow-up issues from title investigation, results, searches, and relevant information.
73
In commercial transactions, what types of enquiries can the buyer's solicitor raise?
Any enquiries they like, but the seller's solicitor may decline irrelevant ones.
74
In residential transactions, what should the buyer’s solicitor avoid raising additional enquiries about?
The state and condition of the building unless related to search results or reports.
75
What is a misrepresentation?
When the seller misrepresents a fact, leading to buyer reliance and potential loss.
76
What must a seller avoid when answering questions?
Deliberately misrepresenting or concealing physical defects.
77
What are the remedies for misrepresentation?
Rescission or damages.
78
Under what conditions can a buyer rescind a contract due to an error or omission?
If it results from fraud or recklessness, or if it leads to a substantial difference in property expectations.
79
What is an example case where misrepresentation led to rescission?
Greenridge Luton One Ltd v Kempton Investments Ltd [2016] EWHC 91 (Ch).
80
What should solicitors do when acting for a seller regarding CPSEs?
Part-complete drafts and ensure client approval of replies.
81
What are the standard form enquiries for commercial property?
The CPSE enquiries.
82
What are the standard form enquiries for residential property?
The TransAction forms.
83
What is the purpose of the Law Society Conveyancing Protocol?
To ensure fair treatment and protection of clients dealing with high-value assets.
84
Who must adopt the Law Society Conveyancing Protocol?
Solicitors who are members of the Conveyancing Quality Scheme.
85
What does transparency in the Protocol mean?
Sharing information to assist the progress of the transaction while maintaining client confidentiality.
86
What consequences can a solicitor face for breaching the Protocol?
Monitoring and potential removal from the Conveyancing Quality Scheme.
87
True or False: The Protocol is mandatory for all conveyancers.
False.

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