This month’s guest blog post is a two part series and is part of the #FeatureFri, a Martin & Co social media initiative whereby a different guest blog post will be shared with our community on the last Friday of the month. Search #FeatureFri on Twitter or check out all #FeatureFri guest blog posts on Martin and Co Today. This month's post is written and provided by Allan Hooper, solicitor and partner at J E Baring & Co Solicitors. Why are Conveyancing searches and enquiries steeped in mystery, what are they all about? This is a question frequently asked particularly by the younger generation whom are used to purchasing everyday items at the push of a button with a next day delivery service. This guest post aims to demystify conveyancing searches and enquiries. In this first post of the two part series, Allan will provide answers to all of your questions about forms – what they are for and why they are important. The second will outline the types of searches which must be carried out, and why they are needed - including the Environmental Search, Water And Drainage Search and the Local Authority Search – and why each of them is important. Searches And Enquiries Why, Why And Why! Let’s start by a good old fashioned phrase and the root cause for requiring searches and pre contract enquiries “Caveat Emptor”which when translated into English means “let the buyer beware”. When we purchase pretty much most things there are a plethora of laws that govern the sale, the best known being the Sale of Good Act 1979 which amongst other provisions provides that what we buy must generally be of satisfactory quality and fit for its purpose. It will come as a surprise to learn that the most expensive purchase that most people will ever make i.e. a house or a flat is not covered in the same way as the purchase of say a bag of potatoes at the supermarket except new or nearly new properties that come with new build guarantees. Unfortunately, in reality these make up just a very small percentage of transactions. It is for this reason that the conveyancing process is riddled with form filling, enquires and searches that simply must be carried out. In short it is the job of a Solicitor or Licensed Conveyancer to make sure that you are purchasing both what you think you are and that there are not some unexpected surprises. “Why Am I As A Seller Being Asked To Complete So Many Forms?”
- Property Information Form,
- Fittings and Contents Form and
- If Leasehold, the Leasehold Information Form.
- The local council could serve an enforcement notice, which could ultimately result in you having to demolish it.
- You may have to apply retrospectively for permission which may not be granted
- If there is no building regulation approval and completion certificate then one does not know if the extension has been constructed to modern standards.