1. THE CON 29R What is it and more importantly How can you produce a competitive HIP compliant Con29 after April 5

2. The Con29R – What is it? A list of standard questions, set by the Law Society It aims to establish what MAY affect the property or site It’s split into three parts Part 1: A list of questions which are always answered Part 2: A list of optional enquiries only answered on request Part 3: Questions not included in parts 1 and 2 We’re going to concentrate on Part 1

3. Lets look at the questions and see where you get the answers QUESTION 1: PLANNING AND BUILDING REGULATIONS 1.1 Planning and Building Decisions and Pending Applications Which of the following relating to the property have been granted, issued or refused or (where applicable) are the subject of pending applications- Informative - Unless otherwise requested, answers to questions in this section (1.1) only reveal entries dated 1 January 1980 or later. Where the Council’s own records do not extend back to 1 January 1980 the replies include the period covered by the Council’s records; prior records could be searched but an additional cost may be incurred

4. a) a planning permission Planning Register b) a listed building consent Planning Register If its not a listed building answer ‘Not applicable’ (c) a conservation area consent Planning Register If not in a Conservation Area answer ‘Not applicable’ (d) a certificate of lawfulness of existing use or development Planning Register. If none found the answer is None

5. (e) a certificate of lawfulness of proposed use or development As there is no such thing the answer will always be ‘None’ (f) building regulations approvals; and Building Control Register Most Councils will not allow inspection of these records but there is nothing stopping you asking the vendor. As a final option you may have to pay the council but remember to write ‘paid under protest’ on your cheque g) a building regulations completion certificate; and As 1.1f

6. (h) any building regulations certificate or notice issued in respect of work carried out under a competent person self- certification scheme Building Control will hold these records if they have them. However many Councils do not hold them. You need to ask the question. Where this is the case answer: ‘These records are not held by the Local Authority. Information is available from the appropriate Scheme Managers direct Informative - Question ‘h’ includes – heat producing gas appliances; oil-fired combustion devices, oil storage tanks and heating and hot water services systems connected to them; certain solid fuel burning appliances and heating and hot water service systems connected to them; air conditioning or ventilation systems; lighting or electric heating systems; certain electrical installations and sanitary ware or washing facilities

7. How can copies of any of the above be obtained? Local Authority certificates can be obtained by written request to: (Enter name and address of council department where records are kept or your own company details if you are providing this service) Competent Person Self-Certification Scheme Certificates can be obtained either by requesting copies from the vendor or by contacting the appropriate Scheme Managers direct 1.2 Planning Designations and Proposals What designations of land use for the property or the area, and what specific proposals for the property, are contained in any existing or proposed development plan? Development Plan Enter any proposals or designation that apply. i.e If it abuts or surrounds the property. Nowhere does it ask for policies within 200, 300 or 500m

8. QUESTION 2: ROADS Which of the roads, footways and footpaths named in the application for this search are- a) highways maintainable at public expense Highways Register Enter name of any adopted highways/footways/footpaths that abut the property. Where no roads are adopted the answer is ‘None’ – Strictly speaking private roads should not be entered against this question – if you want to put them in use an ‘informative’

9. b) subject to adoption and supported by a bond or bond waiver; c) to be constructed by a local authority who will reclaim the cost of the frontagers; or d) to be adopted by a local authority without reclaiming the cos of the frontagers? Where the Road is adopted the answer to questions b, c and d is ‘Not applicable’ Where any abutting road is private, the questions must be answered; even where this means obtaining the information from the council

10. QUESTION 3: OTHER MATTERS Apart from matters entered on the register of local land charges, do any of the following matters apply to the property? In other words Q3.1 to Q3.12 only apply if there are entries in another record which are not in the Land charges Register e.g. unconfirmed TPO’s if there is an entry in the Land Charges Register relating to the question the answer to the question is ‘none’

11. 3.1 Land required for Public Purposes Is the property included in land required for public purposes? The location of any ‘official’ records relating to this question will depend on who requires the land but most councils will not let you inspect them anyway so you may have to pay for the information; however In this day and age it is extremely rare for land to be taken over for ‘public purposes’. If it is it’s big news and will appear in the local press 3.2 Land to be acquired for Road Works Is the property included in land to be acquired for road works? Highways Department. The answer to this question depends on the answer to 3.4. This only applies to projects such as new airports where access roads will be put in and if the answer to 3.4 is ‘none’ then the answer to this question is also ‘none’

12. 3.3 Drainage Agreements and Consents Do either of the following exist in relation to the property i)an agreement to drain buildings in combination into an existing sewer by means of a private sewer; or j) an agreement or consent for- (i) a building; or (ii) extension to a building on the property, to be built over or in the vicinity of a drain, sewer or disposal main This question refers to agreements made before the privatisation of the Water Companies. As all pre-privatisation agreements were Registerable the answer to these questions is always ‘None’

13. 3.4 Nearby Road Schemes Is the property (or will it be) within 200 metres of any of the following a – f Highways Department Most Councils will not allow inspection of the records. Information can be obtained by submitting an FOI request to the council Alternatively you could try: www.bettertransport.org.ukwww.bettertransport.org.uk 3.5 Nearby Railway Schemes Is the property (or will it be) within 200 metres of the centre line of a proposed railway, tramway, light railway or monorail? Development plan or advertised proposals New tramways, monorails or railways are big news

14. 3.6 Traffic Schemes Has a local authority approved but not yet implemented any of the following for roads, footways and footpaths which abut the boundaries of the property: a – l Street Works Register Section 53 New Roads and Streetworks Act 1991 specifically states (1) A street authority shall keep a register showing with respect to each street for which they are responsible such information as may be prescribed with respect to the street works, and such other descriptions of works as may be prescribed, executed or proposed to be executed in the street (2) The register shall contain such other information, and shall be kept in such form and manner, as may be prescribed. (3) The authority shall make the register available for inspection, at all reasonable hours and free of charge

15. 3.7 Outstanding Notices Do any statutory notices which relate to the following matters subsist in relation to the property other than those revealed in a response to any other enquiry in this Schedule- a) building works The answer to this question has already been covered in the Planning or Building Control Sections b) environment Environmental Department c) health and safety Public Health or Environmental Departments. However, Notices under this section are only issued on commercial premises. If the property is residential the answer will always be ‘None’

16. d) housing This question only applies to HMOs or HMO Areas set up since 2005 and grants Prior to 2005 HMOs were registerable so will be in the Land Charges Register as will any grants Since April 2006 councils are required to keep a Public Register of all new HMO’s within their area. Many are online but at worst copies should be available to view at the council e) highways; or Highways Department This refers to ‘Section 147 ‘right to cultivate’ and can be found on the deeds or in the Land Charges Register

17. f) public health? All public health notices are registerable so the answer to this question will always be ‘none’ 3.8 Contravention of Building Regulations Has a local authority authorised in relation to the property any proceedings for the contravention of any provision contained in building regulations? Building Control However where the work has already been completed orders won’t be issued as contraventions only relate to uncompleted work

18. 3.9 Notices, Orders, Directions and Proceedings under Planning acts Do any of the following subsist in relation to the property, or has a local authority decided to issue, serve, make or commence any of the following- (a) an enforcement notice Enforcement Register (b) a stop notice; Stop Notice Register (c) a listed building enforcement notice Enforcement Register. If not Listed answer not applicable (d) a breach of condition notice Breach of Conditions Register.

19. (e) a planning contravention notice These will be entered on the Planning or Enforcement Register (f) another notice relating to breach of planning control There are no other notices which aren’t registerable (g) a listed building repairs notice If the property is listed ask the Listed /building Section. If it’s not listed the answer is ‘not applicable’ (h) in the case of a listed building deliberately allowed to fall into disrepair, a compulsory purchase order with a direction for minimum compensation These are registerable so the answer will always be ‘none’

20. (i)a building preservation notice Planning Department Unfortunately this information is not usually available so you may have to pay for it (j) a direction restricting permitted development Article 4 Orders. Where they’ve been ‘confirmed’ they are registerable so the answer is ‘none’. Ask in planning about unconfirmed orders. Where you identify an unregistered order the answer is ‘yes’ (k) an order revoking or modifying a planning permission Planning Department They are either on the planning or land charges register

21. (l) an order requiring discontinuance of use or alteration or removal of buildings or works These refer to Stop Notices which will be in the Stop Register or they will be in the Land charges Register. Discontinuance Orders relate only to Hoardings (m) a tree preservation order; or TPO Register These relate to unconfirmed orders only as confirmed orders are registerable (n) proceedings to enforce a planning agreement or planning contribution? These will appear in the Enforcement, Land Charges or planning Registers

22. 3.10 Conservation Areas Do the following apply in relation to the property- (a) the making of the area a conservation area before 31 August 1974 Development Plan or Conservation Area Register (b) an unimplemented resolution to designate the area a conservation area? Ask in Planning Department or Conservation Officer; they have to go ‘on deposit’ 3.11 Compulsory Purchase Has any enforceable order or decision been made to compulsorily purchase or acquire the property ? Some Councils register all CPO’s some don’t - Ask in Land charges. If they don’t you may need to purchase the information

23. 3.12 Contaminated Land Do any of the following apply(including any relating to land adjacent to or adjoining the property which has been identified as contaminated land because it is in such a condition that harm or pollution of controlled waters might be caused on the property) Informative - A negative reply does not imply that the property or any adjoining or adjacent land is free from contamination or from the risk of it and the reply may not disclose steps taken by another Council in whose area adjacent or adjoining land is situated (a) a contaminated land notice Check Contaminated Land Register. Notices are only issued where land has been identified as contaminated. Where there are no entries there are no notices

24. (b) in relation to a register maintained under section 78R of the Environmental Protection Act 1990 (i)a decision to make an entry; or Ask the Contaminated Land Officer (ii) an entry; or Check the Register (c) consultation with the owner or occupier of the property conducted under section 78G of the Environmental Protection Act 1990 before the service of a remediation notice? Ask the Contaminated Land Officer

25. 3.13 Radon Gas Do records indicate that the property is in a “Radon Affected Area” as identified by the Health Protection Agency Indicative Radon Atlas of Radon or an on-line enquiry with UK Radon; the former is free and acceptable as the Indicative Atlas is an HPA document. If you’re using the Indicative Atlas you should include the following statement Important note - The answer to this question (3.13) is based on an inspection of the Indicative Atlas of Radon in England and Wales (HPA-RPD-033). This publication shows the worst case for each 1km grid square; as a result, a positive answer does not necessarily mean that the property is ‘Radon Affected’; it is merely an indication as to whether further enquiries should be made with the HPA