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Boundaries – OS maps
Be wary of using an OS map to define a boundary. As the CA has recently made clear, OS plans offer ‘an uncertain guide as to the precise boundary li... Read more...
PPS3: a change of emphasis
The new planning policy statement on housing came into effect in early April. Susan Hawker provides a reminder of its contents Read more...
Planning: back-to-back agreements
Tim Willis and Marcus Woody review a decision concerning the compulsory acquisition of land by local authorities with a view to transferring it to t... Read more...
drainage defects
Searches/enquiries
HIPs - new requirements
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.
Empty property - relief
The Rating (Empty Properties) Act 2007 comes into force on 1 April. Its main effect is to reduce the exemption from empty property rates.
Local search - roads
Should you be asking for a reply to optional enquiry 4 (on CON29O), which relates to road proposals by private bodies?
Notice – Land Maintenance
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).
Empty property – relief
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.
Hedgerows – protection
Hedgerow Regs 1997 make a distinction between ‘protected hedgerows’ and ‘important hedgerows’.
Local search – HMO
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).
Negotiations – deceit
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.
Energy certificate – mandatory
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).
CON 29 – new forms
A reminder that new versions of CON 29 became mandatory on 1 August. The previous (2002) editions can no longer be used:
Commons Registration – Searches
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).
Coal – Ground Stability Report
The Coal Authority has introduced a new Ground Stability Report (to go with HIPs), in association with the British Geological Society and the Brine Subsidence Board. In essence, it gives a simple guide to the potential subsidence hazards that might arise as a result of the geology of the site, coal mining, and brine extraction. The report covers all the elements of CON 29M and costs £29 (includes VAT) if ordered online for residential property. See www.groundstability.com.
CML Handbook - chancel repair
One disappointment for conveyancers is the continuing failure by the CML Handbook to give any clear guidance on what to do about chancel repair liability. The advice from CML is: ‘it is up to the conveyancer to decide what searches and enquiries are appropriate for each transaction. You may wish to refer to the Law Society’s Handbook on this issue’. That is hardly helpful.
HIPs – confirmation
A reminder that HIPs will finally become mandatory as from 1 June. The final version of the Regs says that HIPs need, initially, only contain the index, the new energy performance certificate, a sales statement and evidence of title.
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