Statutory Liabilities: Land and Buildings

This Practice note provides an overview of the money laundering regime that applies to lawyers pursuant to the Money Laundering Regulations 2007 (2007 Regulations). The 2007 Regulations came into force on 15 December 2007 and replace the Money Laundering Regulations 2003 (2003 Regulations). They bring the 2005 Directive on money laundering into effect in the UK. The 2007 Regulations introduce new requirements and vary requirements that were in the 2003 Regulations. In particular, the 2007 Regulations require that: The lawyer is able to identify the beneficial owner of client trusts, companies and partnerships. The lawyer applies customer due diligence measures and monitors client activities according to a risk-based approach, applying less stringent procedures for low risk situations and more stringent procedures in higher risk situations. Training for staff is both regular and covers terrorist financing issues. Lawyers are also to have regard to the Law Society's anti-money laundering practice note published on 6 October 2011, and the Solicitors Regulation Authority's warning cards on money laundering (April 2009), property fraud (April 2009) and bogus law firms and identity theft (March 2012).   Property lawyers should also take account of the joint Land Registry and Law Society practice note on property and registration fraud (September 2010), and the Law Society's note on mortgage fraud (October 2011).

This practice note deals with the ban on blacklisting trade union members for employment purposes under the Employment Relations Act 1999 (Blacklists) Regulations 2010, and related issues.

A practice note on enforcement of the Building Regulations in England and Wales, including a local authority's enforcement powers and prosecution under the Building Act 1984.

A note considering the effect of the Construction (Design and Management) Regulations 2007 (SI 2007/320) (CDM 2007) on a lease or licence for alterations, a sale contract and a development agreement. The note also considers practical aspects of the health and safety file required by the CDM 2007.

A practice note outlining the main obligations imposed by the Construction (Design and Management) Regulations 1994 (SI 1994/3140). The Construction (Design and Management) Regulations 2007 (SI 2007/320) (CDM 2007) are in force from 6 April 2007 and a separate practice note summarises and analyses the CDM 2007 (see Practice note, Construction (Design and Management) Regulations 2007). The CDM 2007 include transitional provisions (see Practice note, The Construction (Design and Management) Regulations 2007 (CDM 2007): Transition between the CDM 1994 and the CDM 2007) for current projects. This practice note may be helpful for projects affected by the transitional provisions and for past projects. This practice note is no longer maintained.  

This note explains the duties imposed on people who have either obligations under contracts or tenancies to maintain or repair non-domestic property, or control over non-domestic premises or over access to non-domestic property. From 6 April 2012 these duties are imposed by the Control of Asbestos Regulations 2012. The duties affect freehold owners, landlords, tenants and, in certain circumstances, licensees and managing agents. Non-domestic premises can include areas of what normally would be regarded as residential property. 

A note on the duty under section 1 of the Defective Premises Act 1972, which requires professional consultants, contractors and property developers working on a dwelling to work in a professional or workmanlike manner, to use proper materials and to see that the completed dwelling is fit for habitation.

A practice note on the implications of the Equality Act 2010 for property owners and occupiers. For an overview of this subject, see Practice note, Equality Act 2010: implications for property: overview.

A practice note describing the legal regime governing the disclosure of information by UK public authorities.

A practice note on the prosecution of health and safety offences in Great Britain, focusing on practice in England and Wales. The note explains the types of health and safety offences, who prosecutes the offences and when a prosecution may be brought.

A note on the Protection of Freedoms Bill which received Royal Assent on 1 May 2012 to become the Protection of Freedoms Act 2012.

A note explaining the recommendations in Lord Young of Graffham's report, Common Sense, Common Safety, on reform of the UK's health and safety laws, along with details of the subsequent steps taken to implement those recommendations. Those steps include the government's March 2011 report, Good Health and Safety, Good for Everyone, its Common Sense, Common Safety progress reports (published in March, July and October 2011), the Red Tape Challenge, the independent review of health and safety law carried out by Professor Löfstedt, and the government's response to that review.

This practice note explains when enquiries of a local authority should be made, how the enquiries are made and what information the replies may give.

A note on the Party Wall etc. Act 1996 (PWA 1996). The note explains what works the Act covers, it's notice requirements, the dispute process and what happens when the Act is not complied with. It also sets out a number of practical issues that arise and briefly explains the Act's relationship with the Access to Neighbouring Land Act 1992.

This note explains the registration and environmental permitting requirements for small domestic septic tanks and small domestic package sewage treatment plants, under the  Environmental Permitting (England and Wales) Regulations 2010 (SI 2010/ 675).This note also highlights some of the conveyancing issues to consider for residential properties that have septic tanks.