The survey revealed that no planning consent was obtained for an extension: What are the issues I’ll face?
The chartered surveyor inspecting the property will check any extensions or works that have occurred and highlight any concerns for the attention of your conveyancing solicitor, who will make enquiries with the local authority to establish whether the consents and building regulations are in place.
If the building regulations agreement is not in place, the vendor is not legally allowed to sell the property until they are, since the title deeds cannot be transferred to your ownership. If building requiring planning consent is present at the property but without proof of consent approval, the local authority might be willing to accept a retrospective approval, although this could take a long time, and, even then, they may instruct you, as the new owner, to return the building to its former state, which could be very costly.
Your solicitor will be able to advise you on the most appropriate course of action to take, including whether the retrospective planning or the reversal of building works can be renegotiated from the agreed sale price.
What specific search enquiries should a Barlestone lawyer order on a Barlestone building?
The routine conveyancing protocol is to get Local Authority, Drainage and Water Search (CON29DW), Environment Search and Gypsum Mining as well as any less common searches e.g. a Official Search of whole with priority.
How long on average will it take my designated conveyancer to conclude the conveyancing process on a terraced building?
The legal process can take anywhere between a month and 3 months dependent on a number of factors such as the efficiency of the seller's property lawyer, or the speed of the local authority. Our property lawyers are very results-focused with the goal of completing the process as quickly as realistically possible.
To complete on our purchase ASAP, how can we arrange a fast exchange and completion?
As is often argued, fast conveyancing is the key to is to employing a proactive, diligent lawyer. Consider the following:
- Do they use email as the preferred mode of communication?
- Was there a delay delivering a quote?
- Do they offer 'no move, no fee' protection? This can incentivise a faster transaction.
What’s the difference between residential and commercial conveyancing?
In essence, there is very little difference between the tasks needed for residential conveyancing against commercial conveyancing. The real difference comes in the type of property and the purpose for which it is intended to be used.
The majority of residential transactions are freehold, whereas commercial transactions are almost exclusively leasehold, and commercial property conveyancing searches will tend to be more expensive because the structure and land will occupy a greater space on average than that for residential property.
What do I do if new and severe damage is found after moving in?
You should reasonably expect the home into which you’re moving to be cleared, clean and without additional damage. Of course, things can happen as removals can chip plaster, scratch or tear wallpaper, etc., but if there is significant damage that was not present before, it would be advisable to talk to your solicitor to see if there is any recourse for you on your seller.
You may also like to think about writing a clause into the contract that money will only be released after a cursory inspection of the premises to confirm that you are happy. This needs to be agreed with the seller’s solicitor, but the expectation is already raised. Beware that, in the chaos of the moving day, you can’t afford to delay things too much, so it’s a fine balance.
Do I need a solicitor?
The quick and easy answer is that you don’t. There is no legal imperative for you to employ a solicitor to handle the conveyancing when dealing with property. However, it would be rather unwise for you to carry out the work yourself because you probably won’t have the skills, knowledge and experience to perform many of the complex tasks, and you won’t possess the indemnity insurance that all solicitors are obliged to carry to protect clients in the event that something goes wrong.
You need to appoint a solicitor who is experienced, proactive and focused so that you have the best chance of completing your transaction as early as possible. You should also look for such a solicitor who also offers ‘No Completion, No Fee’ protection so that you will only be invoiced for the fees once your transaction has completed successfully.
Worried about the conveyancing process? Looking at a tight budget? Let Homeward Legal help you with our low fees without compromising our service values. Call us now on 0800 038 6699.
What can a Barlestone property lawyer recommend if the house I am planning to buy is in a Hinckley and Bosworth local authority conservation area and turns out to have inappropriate doors fitted?
Local authority enquiries conducted by the solicitor during the legal process will verify whether the property is within a conservation area and evidence of local authority approval for additions to the property will be required.