The Conveyancing Quality Scheme (CQS)was established by the Law Society in 2011 and is now a recognised quality standard for residential conveyancing practices. CQS requires member firms to apply each year for reaccreditation to ensure they continue to meet the high standards expected of them.

The scheme sets out its requirements in terms of:

– Practice management standards;

– Technical knowledge in key and emerging legal areas; and

– Customer service.

The scheme provides member firms with the ‘protocol’ and requires that they use it on each transaction, whether or not other parties are accredited.

The protocol requires member firms to move conveyancing transactions forward smoothly and transparently, use the most up-to-date forms and follow the client service charter (which requires a high level of service to be provided).

The protocol is also used as a handbook by conveyancers to make clear what responsibilities fall on them / their client (as buyer or seller) and what you can reasonably expect from the other side.

Each year the property department at GoodyBurrett undertakes specific CPD courses and continually reviews its processes to ensure it complies with the standards and requirements set down by the scheme and the firm has been accredited with the scheme since 2012.

We are proud to be members of CQS. Bearing the logo shows we have passed strict tests and have an ongoing record of good quality transactional work together with high standards in client care.

​Help to Buy ISAs closed – Other Alternatives?

The Government has recently closed the popular Help-to-Buy ISA on Saturday 30^thNovember, which offered a good way to help first time buyers onto the property ladder.  This also offered a brilliant 25% boost from the Government on top of the contributions. So, people are asking, why did the Government decide to close it?

The Help-to-Buy has actually been replaced by the Lifetime ISA, otherwise known as the LISA. It was introduced in 2017, and will still help first time buyers onto the difficult property ladder. In fact, the LISA offers a bigger bonus and more flexibility:

• You can open and contribute up to £4,000 a year;
• Receive a 25% bonus from the Government worth up to £1,000 a year up until your 50^thbirthday;
• After the account has been open for 12 months, you can use the money towards a first home worth up to £450,000. However, other withdrawals will normally be subject to a 25% penalty.

The main difference is that the LISA offers a £1000 bonus every year until you are 50.  You also receive this bonus every month on top of what you have contributed.  However, the Help-to-Buy only permitted a bonus of £3000 in total, and you would receive this on completion of buying your first property.  This is a huge difference in price. 

So, if you did not pay £1 into Help-to-Buy ISA before the deadline, and you are panicking as to how you are going to find the deposit for a house, the LISA is a much better alternative.  Its flexibility means you can pay as little and as much as you choose every month.

How can we help you?

If you are a first-time buyer and are worried about the process of buying your first home, then GoodyBurrett have a fantastic property department to help with the buying process.  If you are interested, contact us at 01206 577676 or at [email protected]

The Government has started a public consultation which is open until 7^thOctober 2019

All new-build homes could soon be fitted with an electric car charge point, which would change building regulation approval requirements.

If all new homes with a dedicated car parking space are built with an electric charge point, it would make charging easier, cheaper and more convenient for drivers. You would simply plug your car in to charge overnight as you would a mobile phone.

The government has already taken steps to ensure that existing homes are electric vehicle ready by providing up to £500 off the costs of installing a charge point at home.

It is envisaged that the legislation wwould be a world first, and complements wider investment and measures the government has put in place to ensure the UKhas one of the best electric vehicle infrastructure networks in the world – as part of the £1.5 billion Road to Zero Strategy.

If you are buying a new home in the future and you are interested to know whether you will receive the benefit of an electronic charge point for your vehicle,  GoodyBurrett  can advise you whether this is included in the building regulation approval prior to exchange of contracts.

LISTED BUILDINGS

Is not a listed building a joy to behold?  The law underpinning listed buildings is designed to preserve for posterity buildings of special architectural or historic interest.  When considered in that context, it is perhaps inappropriate to ever consider one individual as an owner of such a building, but more realistic to regard them as custodian of it for the time being. Therefore, it is no surprise that the legislation in relation to listed buildings and the related sanctions are draconian and can give rise to both civil and criminal liability.

There are three types of listed status for buildings in England and Wales being Grade I, Grade II* and Grade II.  The majority of buildings by far are Grade II listed but a small number, of national importance, are listed as Grade I or Grade II*.  Once a property is listed then, with certain limited exceptions that relate primarily to ecclesiastical buildings, a Listed Building Consent is required for any work that would affect the character of the building as a building of special architectural or historic interest.  It is important to appreciate that the listing will affect not only the property itself but all structures within its curtilage and I will comment further on that point below.

The Local Planning Authority has significant powers of enforcement which are open-ended and are not subject to any time limit.  The remedies that the Local Planning Authority can seek can involve a criminal prosecution for penalties and a requirement to carry out works of restoration or otherwise to the building.

It is a criminal offence to demolish a listed building or to carry out any works of alteration or extension which would affect its character as a building of special architectural or historic interest without Listed Building Consent.  The criminal sanctions extend to any person who executes or causes to be executed any works for the demolition of a listed building or for its alteration or extension in any manner that would affect its character as a building of special architectural or historic interest.  The potential liability under these sanctions can therefore extend beyond the owner or occupier of the property to builders, surveyors and even architects.  The offence is punishable summarily or on indictment and can therefore involve significant fines and/or imprisonment.

The powers of restoration can include requiring the current owner of the property to rectify any unauthorised work even if that had been carried out by a previous owner of the property.  The Local Authority can insist that the property is returned to the condition that it was in at the date of listing and enter the property itself to carry out that work in the event of a default.

As mentioned above, the listing affects not only the building itself but all structures within its curtilage.  Broadly speaking, a Listed Building Consent would certainly be required in relation to any such structure that pre-dated 1948.  Beyond that, fixtures to the building are protected as part of the listing.  A planning consent would be needed for the construction of any free-standing structures within the curtilage of a listed building and the primary consideration upon any such application would be the visual effect on the setting of the existing listed property.

All of the above of course begs the question as to how one does know when a proposed alteration would affect the character of the building in such a way. There are cases when even what appeared on the face of it to be the most minor change to a property (such as painting a door in a different colour) was deemed to require a Listed Building Consent. In all cases, it is a question of fact and degree.  Therefore, it is always advisable before undertaking any work to a listed building whether internally or externally and however minor it might appear on the face of it, to check with the Local Authority, or Conservation Officer if it has one, as to whether a Listed Building Consent is needed.  During the course of any proposed purchase of such a building it is equally important to try and ensure from your own inspection and specialist survey that Listed Building Consents cover all identified alterations that have been made to a property since the date of listing.

The bottom line is that whilst living in a listed property can be a joy, one needs to think carefully and budget for the potential costs that might be involved in maintaining and preserving such a building and bear constantly in mind the restrictions on alterations that the law imposes.

If you have any questions on listed buildings, our Conveyancing Team would be happy to help. 

Restrictive Covenants 

You have likely heard the term before but what is a restrictive covenant and what does it mean if you have one on the property you plan to buy? 

A restrictive covenant is a rule which details what can and cannot be done on the land. Typically, they are attached to the land by the seller of land who, crucially, still retains land nearby. For example: a farmer owns a field and sells half of it to a developer.  As the farmer retains half of the field (which is nearby to the land being sold) the farmer can attach a restrictive covenant to the land he is selling to state that the developer, and future purchasers, cannot keep livestock on the land.    

A restrictive covenant is a negative obligation: they are rules preventing certain things from being done on the land. The most common restrictive covenants are: 

1. No building or alterations to the current property without prior written consent from the previous owner (often a developer); 
2. No businesses or trades shall operate from the property; and 
3. Nothing construed as a ‘nuisance’ shall be done at the property.  This includes noise, smells, noxious substances, illegal activity etc.    

A covenant always binds the initial parties that own the land when the covenant is new.  However, the covenant only binds successive owners if certain criteria are met.  This is a very technical area of law but some older, or more vague restrictions have been defeated if the party who seeks to rely on the restrictive covenant no longer holds land nearby. 

If you are buying a property and it is clear that a restrictive covenant has been breached (for example: a conservatory has been erected at the property, but no developers consent has been obtained when it is required) there are a couple of ways round it: 

1. Put in hand a standard ‘off the shelf’ indemnity policy.  This will cover you as future owner of any repercussions should the developer find out about the addition and seek damages for the breach by the previous owner; or
2. If the breach occurred more than 20 years ago caselaw suggests that the restrictive covenant falls away and is incapable of being enforced. 

If you are buying a property and you consider you are likely to breach a restrictive covenant post completion that is not necessarily the end of your home buying dreams.  Again, an indemnity policy could come to your rescue.  You are likely to require a bespoke policy in this instance which will cost a little more. Please Note: whilst policies are useful and bridge gaps in many situations for residential property matters this is not always the case for commercial land acquisitions. 

If you have any questions about restrictive covenants do let us know. 

Top five reasons for delays in the Conveyancing process – and how you can try to avoid them!

There are many causes of delays in the Conveyancing process, below are the top five causes and the ways in which we can work together to avoid them.

1. Someone in the chain pulling out

One of the biggest causes of delay in the Conveyancing process is caused by somebody else in the chain pulling out of their sale or purchase. Unfortunately, this is one of the most frustrating delays as it is often difficult to avoid. Being flexible as to the completion date and responding to enquiries quickly so that any issues can be dealt with can help to avoid this.

2. Returning papers

A delay which is completely avoidable on the other hand, is when buyers / sellers do not prioritise returning initial paperwork (and funds on account) to their fee earner. A solicitor cannot begin acting for someone until signed paperwork and funds on account are supplied.  Ensuring that you read the initial paperwork carefully, signing it and returning it to us (with the requested sum) at the earliest opportunity enables us to commence acting on your file straight away. Remember: we cannot prepare or receive the contract pack on your transaction until you have returned these documents to us.

3. Local Authority searches

Local Authority searches take the longest of all the searches to be returned to solicitors. Some areas locally take 2 -3 weeks to return the information we request. Whilst unfortunately you cannot demand that the Local Authority prioritise your search, ensuring that you instruct us as soon as possible and putting us in sufficient funds to be able to issue the searches on your behalf means that the Local Authority search can be issued at the earliest opportunity; the sooner the search is issued, the sooner it will be returned.

4. Mortgage offer expiring

Mortgage offers are usually valid for between three to six months, if your mortgage offer expires before the legal requirements of purchasing the property are complete, a new mortgage offer will need to be obtained. The expiry date of your mortgage offer should be kept in mind during the transaction, and we will make a note of this date on your file. If the expiry date is getting close and we advise you that the legal requirements for the transaction will not be completed in time, you may be able to ask your mortgage company to extend the mortgage offer for you. Keeping us up to date with the situation can ensure that this does not lead to a delay.

5. Obtaining the management pack for leasehold properties

A management pack for a leasehold property is produced by the managing agent acting for the management company. Sometimes we also need a pack from the landlord too. Obtaining the management packs can often cause a delay due to the volume of information that must be supplied. Ensuring a timely request for the management pack to be provided can minimise the delay; provision of a management pack incurs a cost and accordingly, ensuring that you have provided the funds necessary for obtaining the pack to us as soon as possible can minimise the delay.