Property Due Diligence 2

• What is the primary responsibility of the buyer's solicitor in a property transaction?

  The buyer's solicitor investigates the seller's title.
• What should a buyer's solicitor look for if the title is unregistered?

  They should look out for a triggering event after 1 December 1990.
• What constitutes an unbroken chain of ownership?

  An unbroken chain of ownership means there are no gaps in the title history of the property.
• What are some examples of triggering events?

  Examples include selling, transferring, leasing, or requiring a mortgage on the property.
• What should be checked if a document refers to an earlier document that is not produced?

  Look for any third-party interests capable of registration as a land charge.
• What should a buyer's solicitor do if any issues are identified during the investigation?

  Raise pre-contract enquiries.
• What actions can be taken if a defect in title is identified?

  Enter into a deed of variation and deed of rectification or obtain indemnity insurance.
• What is the purpose of a Local Search conducted by the buyer's solicitor?

  To check for local financial land charge registrations against the property.
• What should be done if a local financial land charge exists against the property?

  The buyer's solicitor should raise enquiries and ask the seller's solicitors to repay the charges from the sale proceeds.
• What is a tree preservation order (PTO)?

  A PTO is a legal order that protects specific trees from being cut down or damaged.
• What is required if a property is a listed building?

  Authority is needed to make changes from the local authority.
• What standard enquiries should be made regarding the property?

  Enquiries about road proposals, major gas pipelines, and proximity to common land or village green.
• What is the purpose of a drain and water search?

  To check the water supply to the property.
• What does an environmental search check for?

  It checks whether the land is contaminated.
• What should be done if the seller is a company?

  A company search should be conducted to check if the company is subject to winding up or liquidation.
• What is required if the buyer is obtaining a mortgage?

  A bankruptcy search should be conducted.
• What should be sent to the seller/landlord for commercial property transactions?

  A copy of the Commercial Property Standard Enquiries.
• Why should the buyer attend the property for a physical inspection?

  To check for rights of way or any persons in occupation.
• What does the Town and Country Planning Act 1990 require from landowners?

  Landowners must obtain planning permission before any development of the land.
• What types of activities require planning permission under the Town and Country Planning Act 1990?

  Making structural changes, carrying out mining operations, and changing the use of land/buildings.
• What is the purpose of the Town & Country Planning (General Permitted Development) Order 1995?

  It allows certain developments without the need for express consent.
• What is deemed permission in the context of planning?

  Deemed permission means permission is granted for specified work without needing to apply.
• How can a local authority disapply deemed permission?

  By passing an Article 4 direction, especially in conservation areas.
• What must be done if no deemed permission exists for a development?

  An application must be made to the local authority for express planning permission.
• What is the difference between detailed permission and outline permission?

  Detailed permission allows development to commence with conditions, while outline permission is broader and subject to reserved matters.
• What is the time limit for planning permission in England?

  3 years from the date of permission.
• What is the time limit for planning permission in Wales?

  5 years from the date of permission.
• What enforcement actions can local authorities take regarding planning law breaches?

  They can require full compliance, such as pulling down or rebuilding incorrectly done work.
• What is the purpose of enforcement warning notices issued by local authorities?

  To invite recipients to apply for retrospective planning permission when a breach is identified.
• What is the time limit for enforcement action in England?

  10 years of alleged breach, or 4 years for breaches of change of use or operational development before 25.04.2024.
• What is the time limit for enforcement action in Wales?

  4 years of alleged breach, or 10 years for breaches of mining operations.
• What can a local planning authority do if the statutory limits for enforcement action have expired?

  They can apply to the magistrates court for a planning enforcement order if the breach has been concealed.
• What are building regulations designed to ensure?

  That new buildings are constructed according to certain standards.
• What must be complied with even if planning permission is not required?

  Building regulations must still be complied with.
• What does a building control officer do?

  A building control officer inspects work and issues a building regulations completion certificate.
• What can local authorities do within 12 months from a breach of building regulations?

  They can take enforcement action.
• What can local authorities seek even after the enforcement period has expired?

  They can still seek an injunction requiring the owner to bring the building up to standards.
• What should a buyer do if a breach of planning laws/building regulations has passed?

  The buyer may ask the seller to provide indemnity insurance.
• How are commercial buildings categorized?

  Commercial buildings are placed into use classes.
• What is required to change the use class of a commercial property?

  Planning permission is required to change the class.