How much time can I plan for conveyancing often need, in your opinion?
The length of time required to sell or purchase property may vary, influenced by a broad set of issues which may affect the property. With Homeward Legal's Stansted property experts, your sale or purchase is undertaken as quickly as possible.
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.
As a consequence of the fact that 4 of the top 5 wettest years recorded were in last 10-12 years we are wondering if environmental searches might not be exacting enough?
A good property solicitor in Stansted should always carry out environmental searches if the first searches flag up any kind of risk of flooding in Stansted
Why not get in touch with a neighbour of the property for some added information or nearby Essex flooding repair expert, try: J & S Contractors, 40 Bentfield Gdns, Stansted, CM24 8HJ Tel: 07931 280414.
When in the process should we speak to a conveyancing solicitor?
In the vast majority of cases, the sooner you instruct a firm, the better, as conveyancing involves several tasks which may be performed straight away. Early instruction of a conveyancing firm to act on your Stansted sale or purchase for a sale can mean that prior to marketing the property, documents can be prepared to make it potentially more attractive to motivated buyers, whereas if you are buying you will the details of your Stansted solicitor ready when you make an offer.
What is stamp duty and land transaction tax?
Stamp Duty Land Tax (SDLT) is a proportion of the final sale price of a property payable to HMRC by the buyer. The current trigger threshold is for any property priced at £125,000 or over (unless you’re a first-time buyer, in which case you pay less or no tax for properties priced at less than £500,000). Your solicitor will handle the transfer of the tax as part of the final tasks on your conveyancing.
In Scotland, buyers have to pay Land and Buildings Transaction Tax and, in Wales, the Land Transaction Tax is triggered at properties priced over £180,000.
In all cases, the amount payable is based on a sliding scale as the price goes up as a proportion of that range added together than an overall flat tax amount or percentage. So, the higher the price goes up, the greater the amount of tax you have to pay.
The home I’m buying has been empty for two years; what questions should I be asking the solicitor, the estate agent, and the surveyor?
If a home has been empty for a considerable period (such as the two years mentioned here), there’s usually a reason for it. There is estimated to be around a quarter of a million properties in the country that have been empty for more than 6 months.
The primary reason is that the owner hasn’t the funds to renovate the property, or they’ve started gutting the place and run out of money to take it further, or perhaps there’s been a significant problem (e.g. fire or flood are common instances). Most likely, these properties will come up at auction.
Your estate agent will be aware of its history if the property is on their books, so you can find out a lot from them, the council will have an empty property officer, and the Land Registry will have information on the deeds. As far as the solicitor is concerned, they will establish the position on the property as part of the conveyancing, while the surveyor will have experience of checking out such properties, with the advice that you order a Building Survey (the most detailed of the options) to check out its structural integrity. Note that mortgage lenders will be more reluctant to offer a loan on such homes.
Ultimately, the ball is in your court and, if you want to pursue buying such a property, you need to be prepared to do the research, which can take up a lot of time.
The moving process can be bewildering and stressful. Let Homeward Legal look after the legal side of things for you and we'll guide you through the process from start to end. Call 0800 038 6699 to find out more.