Conveyancing In Bourne Q & A's
Do we need to be concerned about gazumping?
This happens when a seller accepts the 1st buyer's offer and then rejects it, selecting instead another buyer's higher offer. This could occur weeks into a purchase. Although being gazumped is less common in a declining market, there will always be a chance. Instructing a solicitor as early as possible is a key first step to reducing this risk.
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 can our conveyancing searches be?
Searches range in cost. The most generally useful searches include an environmental search and a drainage search.
If there are outstanding works approved in the planning consent, can I still use it?
Generally speaking, planning permission legally has to have an expiry date, which is usually for a period of three years from approval for the building work to start (and not necessarily complete, unless the consent has a suitable caveat).
This means that the consent is against the property and the intended construction rather than the person who made the application. As such, if the planning consent remains within the expiry period, the agreement is transferrable to the new owner of the property.
Your solicitor will be able to provide further advice, once enquiries with the local authority have been satisfactorily completed as part of the conveyancing.
What will a Bourne conveyancing lawyer advise if the house we hope to invest in is inside the boundary of a South Kesteven local authority conservation area which has unlawful PVC windows fitted to it?
South Kesteven local authority Requisition for search and Official Certificate of Search conducted by a solicitor in the process of the conveyancing will determine whether the Bourne property a conservation area proof of consent for additions to the property will be supplied. In the absence of any the necessary permissions, your solicitor will recommend the options, which include seeking from the planning authority or purchasing an indemnity insurance policy.
When should I instruct a conveyancing solicitor in Bourne?
With few exceptions, the earlier, the better. Some sources advocate postponing instruction until a chain is completed, but delays can risk the other side pulling out, particularly in uncertain market conditions.