Can I change the purpose of use for a purchase as part of the conveyancing procedure?
Putting in a planning request to change the use of part or all of a property is a straightforward process and you can deal directly with the local authority, which authorises plans and requests. However, tying it in with a planned purchase of a property has its own problems, since you don’t yet formally own the property, and the length of time to get through the planning process (with no guarantee of success) will need to be factored into the purchase duration, which the seller may not agree to.
We would advise you to either buy the property and then put in the planning request after completion (or exchange at the very earliest), or buy a property that’s already fit for your purposes. Or you might be lucky to find a property that already has the relevant planning consents in place.
In what ways can my Selsey lawyer advise on the risk and history of floods at Selsey?
A necessary component in the conveyancing process involves a conveyancing solicitor conducting property conveyancing searches that set out specific information about the local Selsey flood risk. In addition a Selsey conveyancing solicitor might propose a more detailed (e.g. Homcheck) detailed flood 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.
How much is stamp duty and land transaction tax?
The Stamp Duty Land Tax (SDLT) is based on a trigger threshold of £125,000, followed by a calculation of increasing percentages against the price bands, which are then added together:
- Less than £125,000 = 0%
- £125,000-£250,000 = 2%
- £250,000-£925,000 = 5%
- £925,000-£1,500,000 = 10%
- More than £1,500,000 = 12%
For example, a house bought for £450,000 will trigger SDLT at £12,500 (£0 for the first £125,000, £2,500 for the next £125,000, and £10,000 for the next £150,000 as the price falls in the first three bands).
A right of way on the property I’m buying is redundant, but how do I get it removed from the deeds and registry?
A right of way through the grounds of a property is probably an inheritance before other building in the vicinity occurred that has since made the passage through redundant.
But, while having the right of way registered with the deeds means that feasibly someone could insist that they use it (as their public right), but, if they can’t access where the right of way originally led, it makes it a pointless activity.
It’s so unlikely that anyone will want to do this that you have to weigh up the cost of the legal process to get the right of way officially removed against not proceeding. However, if you are at all worried, talk to your solicitor so that it can be investigated further as part of the conveyancing, at which point they can guide you on the appropriate action and the associated costs (this will be in addition to the standard fees for the conveyancing and your solicitor will advise of this additional cost).
Homeward Legal's solicitors provide transparent quotes, detailing what is included in the fees and disbursements and will help with estimates for additional legal work. So, now is the best time to get your conveyancing under way on 0800 038 6699.
Which local authority looks after Selsey?
Selsey is located in Chichester District Council, East Pallant House, 1 East Pallant, Chichester, West Sussex, PO19 1TY, phone: 01243 785 166