THE CON 29R

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THE CON 29R

• What is it
• and more importantly
• How can you produce a competitive
• HIP compliant Con29 after April 5

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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
• Its 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
• Were going to concentrate on Part 1

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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
  Councils own records do not extend back to 1
  January 1980 the replies include the period
  covered by the Councils records prior records
  could be searched but an additional cost may be
  incurred

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• 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

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• (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

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• (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

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• 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

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• QUESTION 2 ROADS
• Which of the roads, footways and footpaths named
  in the application for this search are-
• highways maintainable at public expense
• Highways Register
• Enter name of any adopted highways/footways/footpa
  ths 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

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• 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

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• 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 TPOs
• if there is an entry in the Land Charges Register
  relating to the question the answer to the
  question is none

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• 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
  its 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

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• 3.3 Drainage Agreements and Consents
• Do either of the following exist in relation to
  the property
• 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

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• 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.o
  rg.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

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• 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

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• 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

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• 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 HMOs 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

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• 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 wont be issued as contraventions only
  relate to uncompleted work

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• 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.

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• (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 arent
  registerable
• (g) a listed building repairs notice
• If the property is listed ask the Listed
  /building Section. If its 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

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• 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 theyve 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

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• (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
• 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

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• 3.10 Conservation Areas
• Do the following apply in relation to the
  property-
• 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 CPOs some dont -
  Ask in Land charges. If they dont you may need
  to purchase the information

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• 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 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

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• (b) in relation to a register maintained under
  section 78R of the Environmental Protection Act
  1990
• 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

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• 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 youre 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