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.
|
|
The Rating (Empty Properties) Act 2007 comes into force on 1 April. Its
main effect is to reduce the exemption from empty property rates.
|
Should you be asking for a reply to optional enquiry 4 (on CON29O),
which relates to road proposals by private bodies?
|
|
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).
|
|
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.
|
|
Hedgerow Regs 1997 make a distinction between ‘protected hedgerows’
and ‘important hedgerows’.
|
|
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).
|
|
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.
|
|
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).
|
|
A reminder that new versions of CON 29 became mandatory on 1
August. The previous (2002) editions can no longer be used:
|
|
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).
|
|
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.
|
|
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.
|
|
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.
|
|
|
