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General Advice When

Buying a Property
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General Advice When Buying a Property

Survey
It is advisable for a buyer to obtain the professional advice of a surveyor as to the value and condition of the property
before exchange of contracts.

A buyer should not rely on a lender’s valuation alone when deciding to buy a property. The valuation is generally not
as detailed and may omit to mention some items that may be relevant to the buyer although not to the lender.

A survey report should:-

▪▪ Indicate whether the price agreed reflects the value.

▪▪ Point out major structural defects.

▪▪ Provide early warning of potential structural problems or major repair work and also minor repairs needed.

▪▪ Bring to the attention of the buyer’s solicitor the existence of unusual factors requiring further investigation e.g.
rights of way.

▪▪ Recommend further specialist inspections.

▪▪ If you require any advice about arranging a survey then please do speak to us.

Freehold/Leasehold Titles
In English law there are two main types of legal title – freehold and leasehold. Most houses are freehold which means
that you own the property absolutely. However, if you buy a leasehold property you own it for a fixed time only and
flats are usually leasehold. A lease runs for a certain number of years and you are responsible to a landlord to whom
you will pay a ground rent and usually a service charge which is your share of the costs of maintenance to the building
and any common grounds.

Whether your property is freehold or leasehold, all land is now registrable at Land Registry who issue a Title Informa-
tion Document which is an official copy of the electronic Land Register. Even if you buy an unregistered title this will
be registered once your purchase has been completed.

Planning Matters and Contaminated Land

We will investigate whether the property has planning permission for its present use and that the requisite planning
and building regulation consents have been obtained for alterations to this property, as necessary. However, we do
not carry out any investigations into past uses of the property or adjacent land to establish whether or not there is any
potential contamination from such uses. This is a subject on which your surveyor should advise. You should tell us if
you are intending to change the use of the property so that checks can be carried out to ascertain whether planning
permission would be required.

www.barlowrobbins.com © Barlow Robbins LLP

April 2011
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Searches
▪▪ Local Authority Search

We will organise a search with the Local Authority, but please remember that this only reveals matters directly relating
to the property being purchased. Should you have any queries on possible developments in the immediate vicinity
you should make enquiries direct of the Local Planning Office. A Local Authority search will reveal planning permis-
sions, building regulations approval and local plans that affect the property. If an enforcement notice has been served
against this property this will also be indicated on the local search result.

▪▪ Drainage and Water Search

A drainage and water search reveals whether the property’s foul water drains into the public sewer, whether the sur-
face water drains into the public sewer, and whether there are any public sewers or drains running under the property.
It also provides a plan showing where the sewers are located.

▪▪ Environmental Search

This search is an investigation into the past use of the property and adjacent land to establish whether or not there is
any potential contamination from such uses or sites. Home owners are liable for any contamination which appears
within their boundaries, even if the contamination is longstanding or caused by leeching from neighbouring properties.
We may also undertake a flood report if the property is at risk of flooding.

▪▪ Plans Search

The plans search provides information on the planning history and proposed developments affecting the property and
the surrounding area up to 250 metres from the property. The entries on the plan search are non-exhaustive and
planning applications for developments on neighbouring properties, such as conservatories and developments of a
minor nature, are not included. However, this search result gives an indication of some of the proposed development
in the vicinity.

This and the environmental search are the only searches that search on an area surrounding the property, as opposed
to purely on the property itself.

▪▪ Chancel Repair Liability Search

This search reveals whether or not a property is affected by a potential “Chancel Repair” obligation to the local Par-
ish Church. Such obligations stem from medieval times where land previously owned by the Church to fund the local
rector had been sold and the new owner took on the repairing obligation attached to that land. Basically any property
located within the boundaries of a Parish where such a liability exists could be “caught”. The penalty is financial in
that it involves having to pay for the upkeep and repair of the chancel of the local medieval Parish Church. Where
such a search reveals an entry it shows that the property is located within a Parish that could charge for repairs to the
chancel. If you are purchasing a property requiring mortgage finance a lender will require that insurance is purchased
to cover such possible liability.

Note:
This is only a brief outline and for general guidance only. We will be happy to provide specific advice relevant to your
individual circumstances.

www.barlowrobbins.com © Barlow Robbins LLP

April 2011
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Contact
Sarah Ambrose
Partner & Head of Residential Property

Barlow Robbins LLP

The Oriel
Sydenham Road
Guildford
Surrey
GU1 3SR

Tel : 01483 417121

Fax : 01483 426836

E : sarahambrose@barlowrobbins.com
W : www.barlowrobbins.com

The contents of this article are intended for general information purposes only and shall not be deemed to be, or
constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect
of this article.

www.barlowrobbins.com © Barlow Robbins LLP

April 2011