Mr. X residing at a property in London decides to sell the property. The buyer’s solicitor shall have to check the following details:
- Details of the date when the property was first built and the use it has been put to after the purchase:
An enquiry into the property reveals that the house was built before 1947 and that there is no planning permission for the house. That is because planning permissions were not required until 1947. The seller also confirms that he has been residing in the property since 1945 and had been using the property for residential purposes only. Even if there has been a breach in the planning control and a change of use has occurred, the LPA cannot do anything as it is well out of its 10 year time limit.
- Details of the alterations, extensions and additions that were made to the property or the ground on which it has been built. Details such as the number of additions and extensions made, the date, etc. should be mentioned.
The seller’s solicitors then confirm that significant changes were made in 2010 and that such a change would not be possible without the permission from GPDO. Even the seller acknowledges that no further additions or alterations were made during his period of ownership.
- Details of the activities that have been carried out that either needed planning consent or that such consent was not at all required. Conditions if any, attached to planning consent should be checked to ensure that these conditions have been complied with.
The planning permission regarding the property gives full permission, subject to a few conditions. Some of the conditions include; ensuring that the roof shall be used for maintenance access only, the development shall begin not later than 3 years from the date of permission, and that the development shall be in accordance with the approved plan.
- Has the owner undertaken alterations or changed the use in restriction to the covenants that may affect the title. And if the property is leasehold, the solicitor should check for considerations not only of the covenants that bind the freehold, but also consideration of a covenant that may control development contained in the lease.
This could be an area of concern as the official copies in the charges register reveal a restrictive covenant. The seller may have either obtained necessary consent or would have taken a restrictive covenant indemnity against the enforcement.
- Whether the property is listed in a conservation area or is a listed building.
A building of this age is very unlikely to be a listed building, but there are chances that it may be listed in a conservation area. If this is the case, the buyer should be notified immediately as there would be additional costs incurred for the earlier extension in 2010.
- Whether alterations have been made to the property in compliance with the building regulation control.
A Building Regulation Final Certificate should be produced by the seller.
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