#4872 - Precontract Searches And Planning Diagram - Property Law and Practice

Pre-contract searches and planning a) Pre-contract searches always required 1) The local search a) Local Land Charges Search (LLC1) b) Local Authority Enquiries (CON29R) 2) Drainage and Water search 3) Desktop Environmental search 4) Pre-contract enquiries of the Seller's solicitors (CPSE.1) 5) Structural Survey and Physical inspection 6) Chancel Repair Search 7) Search of the Index map 8) Energy Performance Certificate b) Do any additional / more specific searches need to be completed? a) Information ascertained from the enquiry replies and title plan / description Public Footpath - There is a footpath Con29O - Question 5 Ascertains its usage, where it runs, who can use it Common land - The property: * Has vast open (undeveloped) land; * Abuts a Village Green * Abuts a Common Con29O - Question 22 Ascertains if there is common land Index search Ascertains the boundaries of property and common land Property Damage - Defects such as: * Cracks in the wall * Damp etc Ask client to commission a Surveyor Ascertains the structural quality of the building by a structural survey Flooding - Local flooding problem Waterways search Ascertains extend of flood risk and if it will affect the property New Buildings - New buildings have been erected LLC1 Ascertains if planning permission or building regulations have been granted for the new building Con29R Ascertains if planning permission and building regulations have been granted or are pending for the new building Con29O - Question 7 Ascertains whether building works, which have planning permission, but have not been started or not yet completed, have had a notice served on them and the planning permission is now terminated Change of Use - There has been a material change of use LLC1 Ascertains if there has been planning permission for the change of use Con29R Ascertains if there has been planning permission for the change of use Hazardous Waste - There is / or is possibly environmentally hazardous waste on the property Buyer may be liable for clean up costs If the original polluter cannot be found, the buyer may be liable for clean up costs. Desktop Environmental Search Ascertains whether there is likely to be contamination and if there is contamination, its extent Phase I Survey Dependant upon the result of the Desktop Environmental Search. Is a less detailed assessment of the contamination Phase II Survey Will be appropriate if the Phase 1 has found actual or possible contamination. It includes detailed soil and water samples b) General solutions / actions to be taken as a result Mining - There is a mine nearby or land is situated in a mining county Con29M Mining Search Ascertains if the mine may affect the structural integrity of the building Company seller - The proprietor selling the property is a company Companies search at Companies House by Company Number Ascertains whether company is able to sell the property Roadway abuts property - There is a key roadway which is not on the property Con29R Panel C include this road name Ascertains whether it is a public road and whether it is the only means of access for the property a) Withdraw from the purchase b) Make the purchase contract conditional upon the seller rectifying the issue c) Gain an indemnity from the seller d) Ask for a reduction in the price