SQE 1 PROPERTY LAW AND
PRACTICE PRE CONTRACT
SEARCHES AND ENQUIRIES EXAM
QUESTIONS WITH CORRECT
ANSWERS
CON29 planning permission - Answer-will tell you about what planning permissions have
been granted, and in addition it will actually tell you what planning refusals there have been
and also what applications are currently going through so it gives a wider picture of the
planning applications for the property.
Building Regulations
breach of planning control - Answer-when:
1. a development has taken place without planning permission; or
2. A condition or limitation of planning permission has been breached.
enforcement notice - Answer-local authority gives 26 days notice that:
- the land must be restored to the condition it was in before unauthorised development; or
- comply with any conditions or limitations imposed by planning permission
After 28 days the owner may be fined and the local authority can enter the land to carry out
the work, recovering expenses from the land owner.
stop notice - Answer-local authority can serve a stop notice only after serving an
enforcement notice. It cannot prohibit use as a dwelling house or any activity that has been
carried out for over 4 years.
breach of condition notice - Answer-similar to enforcement notice but only concerned with
breach of conditions or limitations to planning permission
injunction - Answer-local authority can apply to court for an injunction but it is discretionary
and a local authority needs to show good reason
enforcement time limits - Answer-local authority must take enforcement action within
, 4 years- building works starting with the date on which the building works were 'substantially
completed'
change of use to a single dwelling house, starts with the date the use was begun
10 years - Answer-other changes of use
breach of planning condition
enforcement outside time limits - Answer-outside of the time limits, the local authority can
apply to magistrate for a planning enforcement order.
building regulations enforcement - Answer-if a breach of building regulations, then the local
authority can also take enforcement action
prosecution - Answer-local authority have 6 months after discovering the breach to
prosecute the person responsible .
Prosecution may take place up to two years after the completion of the building work
enforcement notice (BR) - Answer-local authority has one year after the completion of
building work to serve an enforcement notice. This notice gives the land owner 28 days to
alter or remove the work
injunction (BR) - Answer-if the work is unsafe then there is no time limit
implications for the buyer's solicitor - Answer-they must check with compliance with planning
law and building regulations. the following sources
- local search
-seller's replies to enquiries
Buyer's survey
options for a buyer if breach is discovered - Answer-1. withdraw from transaction
2. Invite seller to regularise matters before completion
3. Obtain indemnity insurance
3. in some circumstances, seller may be able to obtain:
PRACTICE PRE CONTRACT
SEARCHES AND ENQUIRIES EXAM
QUESTIONS WITH CORRECT
ANSWERS
CON29 planning permission - Answer-will tell you about what planning permissions have
been granted, and in addition it will actually tell you what planning refusals there have been
and also what applications are currently going through so it gives a wider picture of the
planning applications for the property.
Building Regulations
breach of planning control - Answer-when:
1. a development has taken place without planning permission; or
2. A condition or limitation of planning permission has been breached.
enforcement notice - Answer-local authority gives 26 days notice that:
- the land must be restored to the condition it was in before unauthorised development; or
- comply with any conditions or limitations imposed by planning permission
After 28 days the owner may be fined and the local authority can enter the land to carry out
the work, recovering expenses from the land owner.
stop notice - Answer-local authority can serve a stop notice only after serving an
enforcement notice. It cannot prohibit use as a dwelling house or any activity that has been
carried out for over 4 years.
breach of condition notice - Answer-similar to enforcement notice but only concerned with
breach of conditions or limitations to planning permission
injunction - Answer-local authority can apply to court for an injunction but it is discretionary
and a local authority needs to show good reason
enforcement time limits - Answer-local authority must take enforcement action within
, 4 years- building works starting with the date on which the building works were 'substantially
completed'
change of use to a single dwelling house, starts with the date the use was begun
10 years - Answer-other changes of use
breach of planning condition
enforcement outside time limits - Answer-outside of the time limits, the local authority can
apply to magistrate for a planning enforcement order.
building regulations enforcement - Answer-if a breach of building regulations, then the local
authority can also take enforcement action
prosecution - Answer-local authority have 6 months after discovering the breach to
prosecute the person responsible .
Prosecution may take place up to two years after the completion of the building work
enforcement notice (BR) - Answer-local authority has one year after the completion of
building work to serve an enforcement notice. This notice gives the land owner 28 days to
alter or remove the work
injunction (BR) - Answer-if the work is unsafe then there is no time limit
implications for the buyer's solicitor - Answer-they must check with compliance with planning
law and building regulations. the following sources
- local search
-seller's replies to enquiries
Buyer's survey
options for a buyer if breach is discovered - Answer-1. withdraw from transaction
2. Invite seller to regularise matters before completion
3. Obtain indemnity insurance
3. in some circumstances, seller may be able to obtain:
