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The normal rule is that an estate agent usually has to be the ‘effective cause’
of a sale or purchase to be entitled to any commission. But, it is important to
realise that all will depend upon the precise wording of the agency contract. In
practice, it is not uncommon to find agents who use different wording, so that
they become entitled to commission even if they are not the ‘effective cause’.
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In April 2009 district councils in Cornwall, Durham, Northumberland,
Shropshire and Wiltshire (and county councils in Cheshire) will be wound up
and dissolved, with their functions being transferred to new unitary councils.
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In April 2009 district councils in Cornwall, Durham, Northumberland,
Shropshire and Wiltshire (and county councils in Cheshire) will be wound up
and dissolved, with their functions being transferred to new unitary councils.
To ensure that public money is properly protected during the transitional period
(ie until 1 April 2009) directions have been issued which prevent all those
councils from entering into specifi ed transactions without prior approval.
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Reg 2 of HIP (Amendments) Regs 2008 came into force on 31 March. If
a new home is to be marketed, the HIP must include a sustainability
certificate (which is a certified assessment of the home against the Standards in the Code of Sustainable Homes). This new requirement
only applies to new homes being designed or constructed, or new homes
that have been constructed but never occupied, and will not apply to
existing properties being converted.
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The Rating (Empty Properties) Act 2007 comes into force on 1 April. Its
main effect is to reduce the exemption from empty property rates.
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Should you be asking for a reply to optional enquiry 4 (on CON29O),
which relates to road proposals by private bodies?
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Land Maintenance Notices are rare. Such notices allow an LA to take
action against derelict or unsightly land whose condition has ‘adversely
affected’ the amenity of the surrounding area. In practice, their primary
use is against neglected wasteland, although they can be used against
any land (and not just vacant or open sites).
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The Rating (Empty Properties) Act 2007 comes into force on 1 April. Its
main effect is to reduce the exemption from empty property rates.
Currently, most empty business properties receive 100% relief for the
first three months of vacancy, and 50% thereafter.
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Hedgerow Regs 1997 make a distinction between ‘protected hedgerows’
and ‘important hedgerows’.
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When acting for a buyer who might rent out the property being purchased
(eg buy-to-let) do consider whether the new Houses in Multiple Occupation
regime may be relevant (ie get a reply to optional enquiry 10 on CON 29O).
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A recent case shows how it is possible to over-negotiate, so that if you
obtain an unfair advantage then you may have to pay damages for
deceit.
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With all the fuss about energy certificates in HIPs, little attention has
been given to the fact that energy certificates will soon become
mandatory on all commercial property sales and lettings. From 6 April
2008, energy certificates will be required on the construction of all nondwellings,
and on the sale or letting of any non-dwelling that has a ‘total
useful floor area’ of more than 500 sq m. From 1 October 2008, this will
apply to all such properties (ie even if less than 500sq m).
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A reminder that new versions of CON 29 became mandatory on 1
August. The previous (2002) editions can no longer be used:
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Traditionally, searches of the registers of common land are made using
Form CR1. However, the new CON 29O (in force since 1 August) contains
a question about common land, as well as towns and village greens. The
end result is that Form CR1 will become obsolete from 1 October (but
until then you can either use Form CR1 or CON 29O).
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