I am purchasing a victorian detached house in Swiss Cottage. Our aim is to convert the garage to a playroom at the house.Will the conveyancing process involve checks to determine if these works are permitted?
Your conveyancer will review the deeds as conveyancing in Swiss Cottage can occasionally reveal restrictions in the title deeds which prevent certain works or require the permission of a 3rd party. Certain works need local authority planning permissions and approval in compliance with building regulations. Certain areas are designated conservation areas and special planning restrictions apply which often prevent or impact extensions. You should check these issues with a surveyor prior to committing yourself to a purchase.
I am buying a property in Swiss Cottage. One unusual aspect is that the roof has a solar panel. Solicitors conducting should look into this right? Will my lender Virgin Money be concerned?
Given that you are obtaining a mortgage with Virgin Money your lawyer must follow the formal instructions outlined in Section two of UK Finance Lenders’ Handbook for Virgin Money. The CML Handbook sets out minimum provisions for solar panel roof-space leases, and conveyancing practitioners are required to report to Virgin Money where a lease does not satisfy these requirements. The specifications relate to the installation of panels on properties countrywide and is not isolated to Swiss Cottage.
After much negotiation I have agreed a price on an apartment in Swiss Cottage. My financial adviser recommended their conveyancers. I paid an upfront payment of £175. A couple of days later, the conveyancer called me to say that they were not on the Yorkshire BS conveyancing panel. Am I right in thinking that I should be due a refund?
You should be able to recover this from the law firm if they were not on the Yorkshire BS panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.
Should my solicitor be raising enquiries about flooding during the conveyancing in Swiss Cottage.
Flooding is a growing risk for solicitors conducting conveyancing in Swiss Cottage. Plenty of people will acquire a property in Swiss Cottage, fully expectant that at some time, it may be flooded. However, aside from the physical destruction, where a house is at risk of flooding, it may be difficult to obtain a mortgage, suitable building insurance, or dispose of the premises. Steps can be carried out as part of the conveyancing process to forewarn the buyer.
Lawyers are not best placed to impart advice on flood risk, but there are a numerous searches that may be initiated by the purchaser or by their solicitors which will figure out the risks in Swiss Cottage. The conventional set of completed inquiry forms given to a buyer’s solicitor (where the solicitors are adopting what is known as the Conveyancing Protocol) contains a usual inquiry of the seller to discover if the property has suffered from flooding. In the event that flooding has previously occurred which is not notified by the vendor, then a buyer may bring a compensation claim stemming from an incorrect reply. A buyer’s lawyers may also order an enviro report. This should indicate if there is any known flood risk. If so, additional inquiries will need to be initiated.
The estate agent has sent us the confirmation of our purchase of a new build flat in Swiss Cottage. Conveyancing is daunting at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build conveyancing.
Here is a sample of a selection of leasehold new build enquiries that you may expect your new-build leasehold conveyancing in Swiss Cottage
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The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided. Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal. Forfeiture - bankruptcy or liquidation must not apply under this provision. Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company?
I am thinking of appointing a conveyancing lawyer in Swiss Cottage for my home move. Is there any facility to see a firm’s record with the legal regulator?
Anyone may find presented Solicitor Regulator Association (SRA) determinations arising from inquisitions commenced on or after Jan 2008. Visit Check a solicitor's record. For details Pre 2008, or to check a firm's history, telephone 0870 606 2555, 08.00 - 18.00 Monday, Wednesday, Thursday, Friday and 09.30 - 18.00 Tuesday. For non-uk callers, call +44 (0)121 329 6800. The regulator sometimes monitor telephone calls for training purposes.
Why do Swiss Cottage conveyancing fees are higher for leasehold and freehold properties?
Inevitably there is increased work needed in leasehold conveyancing. Swiss Cottage has many leasehold properties. There is more paperwork involved in the purchase: for example, the lease and leasehold information (including up to date service charge, ground rent and buildings insurance details) obtained from the freeholder or managing agents. There are strict criteria that the lease must meet in order to be acceptable to a mortgage company. If it does not meet these requirements, the lease must be amended, which can involve additional expense for the seller.