Conveyancing Procedure

Where a buyer wishes to raise enquiries on CRC issues, this document identifies which questions should be asked and why.

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).

A practice note on the procedures introduced on 1 June 2004 by the Regulatory Reform (Business Tenancies) (England and Wales) Order 2003 in relation to the renewal of business tenancies. This note explains the procedures to be used where either the landlord or the tenant wishes to initiate renewal of a lease. For information on the procedures for termination of business tenancies without renewal, see Practice note, Business tenancies - procedures for termination without renewal.  

This practice note explains the law and practice relating to cautions against first registration under the Land Registration Act 2002. It sets out the law as it has applied since 13 October 2003.

A summary of the changes to the energy performance certificate (EPC) and display energy certificate (DEC) regimes brought in by the Energy Performance of Buildings (England and Wales) Regulations 2012 (SI 2012/3118), which come into force on 9 January 2013.

A practice note on the issues to consider when serving a notice to complete under a sale contract that incorporates the Standard Commercial Property Conditions (Second Edition).

A practice note on the Land Registry's requirements on the confirmation of identity and the production of identity evidence, including practical implications of the new regime.

A commentary on the Consumer Protection from Unfair Trading Regulations 2008 (SI 2008/1277) which implemented the Unfair Commercial Practices Directive (2005/29/EC) in the UK by introducing a general prohibition on traders treating consumers unfairly and requiring businesses not to mislead consumers through acts or omissions or subject them to aggressive commercial practices.

This toolkit draws together links to materials that are relevant to the Law Society Conveyancing Protocol. It will help residential conveyancers to locate key information that they may need to comply with the obligations under the Protocol to: Use the most up-to-date version of forms, formulae and codes provided by the Law Society. Follow the advice contained in Solicitors Regulation Authority warning cards, guidance, Law Society practice notes and other practice information.

This practice note: Explains the powers of an owner of registered land. Looks at which dispositions of registered land must be registered. Covers the forms and procedures for making Land Registry searches and applications.

A note on the registration requirements for dispositions by operation of law of registered and unregistered land.

This note explains the regime of energy performance certificates (EPCs), display energy certificates (DECs) and compulsory air-conditioning inspections introduced by the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007. It also summarises the effect of Council Directive 2010/31/EU on the energy performance of buildings (recast). For a consideration of the provisions of sale contracts, leases and leasehold management documents that may be negotiated to deal with EPCs for commercial properties, see Practice note, Energy performance certificates: negotiation issues. NOTE ADDED (20.12.2012): The government announced changes to the EPC, DEC and air conditioning inspections regime, on 19 December 2012. This note is being updated to reflect the changes, which came into force on 9 January 2013. For more information, see Practice note, Changes to EPC regulations in January 2013 and Legal update, EPC regulations: destination table for 2012 regulations.

A practice note considering the provisions of sale contracts, leases and leasehold management documents that may be negotiated to deal with energy performance certificates (EPCs) for commercial properties. The practice note contains links to standard clauses that can be added to leases and leasehold management documents. For information on EPCs generally, see Practice note, Energy performance certificates. NOTE ADDED: The government announced changes to the EPC, DEC and air conditioning inspections regime, on 19 December 2012. This note is being updated to reflect the changes, which came into force on 9 January 2013. For more information, see Practice note, Changes to EPC regulations in January 2013 and Legal update, EPC regulations: destination table for 2012 regulations.

A note on the various methods of exchanging contracts for the sale of land and the times at which the contract becomes legally binding.

A note on how a transfer should be executed where the seller is bankrupt.

This Practice note explains the application of the Land Registration Act 2002 (LRA 2002) and the Land Registration Rules 2003 as amended by the Land Registration (Amendment) Rules 2008 (LRAR 2008) to the compulsory and voluntary first registration of title to unregistered land. It also covers the more practical aspects, such as the forms to be used.

Use of this document is free, subject to the Conditions set out below. This document is part of the Commercial Property Standard Enquiries (CPSE) suite of documents, prepared by members of the London Property Support Lawyers Group and endorsed by the British Property Federation. If you have any comments, please e-mail: cpse@practicallaw.com. For details of changes made between this document and its previous version, see Legal update, June 2010: new versions of the CPSE documents released. For the PDF version of this document click here.

A practice note giving an overview of the issues that should be considered when acting on the purchase of a leasehold property that is registered with good leasehold title.

A note on what you need to consider where property overhangs a public highway.  The note discusses: Obtaining a projection-over licence under section 177 of the Highways Act 1980. The proprietary rights that might be needed. How the "ad medium filum viae" presumption might assist. Steps to take when selling or purchasing a property.

This Practice note stresses the importance of giving information to clients about costs. It summarises the requirements of the Solicitors Code of Conduct 2007, and other legal requirements, and provides suggestions for how best information on costs can be provided to the client, at the outset and throughout the retainer. Note: This note covers the requirements of the Solicitors Code of Conduct 2007 (in force from 1 July 2007 to 5 October 2011).  For the latest requirements, under the Solicitors Code of Conduct 2011, see the new version of this note, Practice note, Informing the client about costs: at outset of retainer and beyond. For details of the Solicitors Costs Information and Client Care Code 1999, see, Practice note, Informing the client about costs: at outset of retainer and beyond pre 2007.

A note on the procedure for carrying out bankruptcy searches.

A practice note on the process of investigating a property on behalf of a prospective buyer.   

A practice note about pre-contract enquiries that a buyer may raise as part of the property investigation carried out by the party acquiring a commercial property.

A practice note on the Land Registry online flood risk indicator which examines what is covered by the search as well as some of the alternative ways of assessing the risk to property from coastal and river flooding. 

This Practice note explains the regime of lasting powers of attorney (LPAs), which was introduced by the Mental Capacity Act 2005 on 1 October 2007, including: How to make an LPA. The formalities for registering an LPA. Guidance for third parties when relying on an LPA. From 1 October 2007, LPAs replaced enduring powers of attorney (EPAs) as the primary way of appointing a decision maker to act on a donor's behalf in the event of a loss of mental capacity. LPAs can authorise an attorney to make decisions about the donor's personal welfare, as well as decisions about their property and affairs.  

A practice note on the procedures in relation to requests for information made under section 40 of the Landlord and Tenant Act 1954 by the landlord or the tenant.

This practice note pulls together information on the various initiatives intended to help manage flood risk in England and Wales. It includes information on Planning Policy Statement 25 (PPS 25), flood risk maps, building to be flood resistant and flood resilient, and information on the Statement of Principles, issued by the Association of British Insurers, which provides guidance on when insurers will continue to provide insurance cover for flood damage in relation to properties in areas at particular risk from flooding. The note also covers the Pitt Review, which examined the issues arising from flood-related emergencies in the summer of 2007, the Floods Directive (2007/60/EC) and the Flood and Water Management Act 2010. Note: On 27 March 2012, PPS 25 was replaced by the National Planning Policy Framework. We will shortly be updating this note to reflect these changes.

Affidavits need to be verified by oath or by solemn affirmation. In certain circumstances, a statutory declaration can be used instead of an affidavit, and will be verified by a declaration. This practice note looks at what is involved in preparing the relevant documents and administering oaths, affirmations and statutory declarations.

This practice note provides a brief overview of the main ways in which a developer's lawyer can structure the legal documentation for a residential leasehold development.

A note explaining how members of a Parochial Church Council (PCC) may become personally liable if their PCC does not enforce rights in respect of chancel repairs.

A note on what is required to transfer a deceased's equitable interest in land to a beneficiary under either a will or the intestacy rules.

This practice note looks at the issues to consider when drafting or negotiating a clause in a freehold or leasehold property sale contract dealing with the apportionment of rent payable under occupational leases.

This practice note looks at the issues that need to be considered when drafting or negotiating a clause in a property sale contract dealing with plant and machinery capital allowances.  It considers the new rules applicable from April 2012, which impose additional requirements before a buyer can claim plant and machinery capital allowances on property fixtures.

This practice note looks at the issues to consider on the sale of a commercial property when drafting or negotiating a clause dealing with service charges payable under occupational leases.

A practice note on the issues to consider when drafting and negotiating clauses in property sale contracts that deal with deduction of title and requisitions on title to registered or unregistered land, freehold or leasehold.

This practice note looks at the issues that need to be considered when drafting or negotiating a clause in a property sale contract that seeks to: Prevent statements or representations that are not set out in the written agreement from having contractual force. Restrict liability for claims based on misrepresentation.

A practice note on the issues to consider when drafting and negotiating clauses in property sale contracts which specify the matters subject to which the property is sold.

This practice note looks at the issues that need to be considered when drafting or negotiating a clause in a leasehold property sale contract dealing with the need to obtain consent from the landlord (and the superior landlord, where applicable) for the assignment of the lease. The note focuses largely on contracts for the sale of commercial property because issues related to landlord's consent arise more often in relation to commercial leases.

A practice note on the issues to consider when drafting and negotiating a provision in a property sale contract to protect the buyer's interest in the contract between exchange and completion. In most instances, the sale contract does not need to deal with the possibility that the buyer may register the contract. The note gives examples of situations where specific contractual provisions might be appropriate. The note also briefly considers when it might be appropriate for the seller to protect the contract.

This practice note looks at the issues that need to be considered when dealing with the signing of a property sale contract.  

The proposed high speed rail link (HS2) between London and the West Midlands will have major consequences for practitioners, property owners and occupiers. Anyone acting for a potential buyer, tenant or lender in any of the areas that might be affected needs to be aware of the proposals and to check whether or not the property in question may possibly be affected, directly or indirectly.

A note on section 45(6) of the Law of Property Act 1925.

An overview of the issues to consider when serving a notice to complete under a sale contract that incorporates the Standard Conditions of Sale (Fifth Edition). This note also indicates where the differences arise for notices to complete served under contracts that incorporate the fourth edition of the Standard Conditions of Sale.

This practice note explains the principle established in the House of Lords' case of Mannai Investment Co Ltd v Eagle Star Life Assurance Co Ltd [1997] UKHL 19 and its subsequent application to defects in both contractual and statutory notices.

Condition 11 of the Standard Commercial Property Conditions (Second Edition) (SCPC) covers the position if the property is or includes commonhold land.

Condition 1 of the Standard Commercial Property Conditions (Second Edition) (SCPC) covers a number of general issues: definitions; joint parties; notices and documents; VAT; assignment and sub-sales.

A practice note on Condition 3 of the Standard Commercial Property Conditions (Second Edition) (SCPC) deals with the matters that affect the property and to which the sale is subject. It covers encumbrances, physical state and retained land.  

Condition 5 of the Standard Commercial Property Conditions (Second Edition) (SCPC) deals with what should happen if the property is subject to an ongoing rent review, either in relation to the lease under which the seller holds the property or in relation to a lease subject to which the property is being sold.  

Condition 7 of the Standard Commercial Property Conditions (Second Edition) (SCPC) covers responsibility for insuring the property.

Condition 9 of the Standard Commercial Property Conditions (Second Edition) (SCPC) covers remedies: What should happen if there are errors or omissions in the contract or negotiations? Rescission. Late completion. The position after completion. What happens if a notice to complete is not complied with?

Condition B of the Standard Commercial Property Conditions (Second Edition) (SCPC) applies only if expressly incorporated in the contract. Condition B relates to capital allowances and is intended to help the buyer to make claims under the Capital Allowances Act 2001.

Condition 10 of the Standard Conditions of Sale (Fourth Edition) (SCS) covers chattels. NOTE: Following the publication of the Fifth Edition of the Standard Conditions of Sale, this practice note is no longer maintained. For a list of and links to a full set of practice notes on the Fifth Edition, see Practice note, The Standard Conditions of Sale.

Condition 1 of the Standard Conditions of Sale (Fourth Edition) (SCS) covers: Definitions. Joint parties. Notices and documents. VAT. Assignment. NOTE: Following the publication of the Fifth Edition of the Standard Conditions of Sale, this practice note is no longer maintained. For a list of and links to a full set of practice notes on the Fifth Edition, see Practice note, The Standard Conditions of Sale.

Condition 2 of the Standard Conditions of Sale (Fourth Edition) (SCS) covers: Date. Deposit. Auctions. NOTE: Following the publication of the Fifth Edition of the Standard Conditions of Sale, this practice note is no longer maintained. For a list of and links to a full set of practice notes on the Fifth Edition, see Practice note, The Standard Conditions of Sale.

Condition 3 of the Standard Conditions of Sale (Fifth Edition) (SCS) covers: Freedom from incumbrances. Physical state. Leases affecting the property.  

Condition 4 of the Standard Conditions of Sale (Fourth Edition) (SCS) covers: Proof of title. Requisitions. Timetable. Defining the property. Rents and rentcharges. Transfer. NOTE: Following the publication of the Fifth Edition of the Standard Conditions of Sale, this practice note is no longer maintained. For a list of and links to a full set of practice notes on the Fifth Edition, see Practice note, The Standard Conditions of Sale.

Condition 5 of the Standard Conditions of Sale (Fifth Edition) (SCS) covers: Risk and insurance pending completion. Occupation by the buyer pending completion.

Condition 6 of the Standard Conditions of Sale (Fourth Edition) (SCS) covers: Date. Arrangements and place. Apportionments. Amount payable. Title deeds. Rent receipts. Means of payment. Notice to complete. NOTE: Following the publication of the Fifth Edition of the Standard Conditions of Sale, this practice note is no longer maintained. For a list of and links to a full set of practice notes on the Fifth Edition, see Practice note, The Standard Conditions of Sale.

Condition 7 of the Standard Conditions of Sale (Fourth Edition) (SCS) covers:   Errors and omissions. Rescission. Late completion. After completion. Buyer's failure to comply with notice to complete. Seller's failure to comply with notice to complete. NOTE: Following the publication of the Fifth Edition of the Standard Conditions of Sale, this practice note is no longer maintained. For a list of and links to a full set of practice notes on the Fifth Edition, see Practice note, The Standard Conditions of Sale.

Condition 8 of the Standard Conditions of Sale (Fifth Edition) (SCS) covers: Existing leases. New leases. Consent.

Condition 9 of the Standard Conditions of Sale (Fifth Edition) (SCS) covers contents.

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.

This practice note explains:  When searches should be carried out in respect of tin, clay and limestone. How the searches are made. What information the searches may give. This note used to cover salt and brine searches but these are now done as part of the coal search and the information is contained in Practice note, Searches: coal mining and brine.

A practice note on the common law principle of caveat emptor (buyer beware) by which the onus is on the buyer to investigate the property it is acquiring and by which the seller is under a limited duty to disclose latent encumbrances and defects in title.

This note explains the process of selling property at auction from the perspective of the seller's legal advisor, including preparing the sales pack and approving the auction catalogue particulars. This note also includes a short checklist of points to be considered by the buyer's legal advisor.

A practice note on the commercial mapping services that make site assembly and development planning easier, more accurate and cheaper.

The Solicitors' Code of Conduct 2007 (the Code) came into force on 1 July 2007. The Code replaced, with effect from 1 July 2007, the rules of professional conduct contained in the Solicitors' Practice Rules 1990. The Code applies to all solicitors in England and Wales. This Practice note deals with the rules of conduct in the Code where a solicitor is asked to deal with more than one prospective buyer in a conveyancing transaction, more commonly known as a "contract race". Note: The Solicitors Regulation Authority (SRA) Handbook, which is fully in force from 6 October 2011, replaces the Solicitors' Code of Conduct 2007. PLC has published the following Practice notes on the SRA handbook: SRA Handbook 2011 and Code of Conduct. SRA Handbook 2011 and Code of Conduct: issues for property lawyers. SRA Handbook: ten top things for in-house lawyers to think about.

The Solicitors' Code of Conduct 2007 (the Code) came into force on 1 July 2007. The Code replaced, with effect from 1 July 2007, the rules of professional conduct contained in the Solicitors' Practice Rules 1990. The Code applies to all solicitors acting in England and Wales. This Practice Note deals with the rules of conduct in the Code with which a solicitor must comply when asked to act for both a seller and a buyer in a conveyancing transaction. Note: The Solicitors Regulation Authority (SRA) Handbook, which is fully in force from 6 October 2011, replaces the Solicitors' Code of Conduct 2007. PLC has published the following Practice notes on the new handbook: SRA Handbook 2011 and Code of Conduct. SRA Handbook 2011 and Code of Conduct: issues for property lawyers. SRA Handbook: ten top things for in-house lawyers to think about.

The Solicitors' Code of Conduct 2007 (the Code) came into force on 1 July 2007. The Code replaced, with effect from 1 July 2007, the rules of professional conduct contained in the Solicitors' Practice Rules 1990 (SPR). The Code applies to all solicitors in England and Wales. This Practice Note highlights and tracks the rules of conduct that frequently apply to transactional property solicitors. Note: The Solicitors Regulation Authority (SRA) Handbook, which is fully in force from 6 October 2011, replaces the Solicitors' Code of Conduct 2007. PLC has published the following Practice notes on the new handbook: SRA Handbook 2011 and Code of Conduct. SRA Handbook 2011 and Code of Conduct: issues for property lawyers. SRA Handbook: ten top things for in-house lawyers to think about.

An overview of the Standard Conditions of Sale (SCS). This note contains links to: A collection of practice notes on the Fifth Edition of the SCS. A collection of practice notes on the Fourth Edition of the SCS. (Note that these are no longer maintained.) No online version of the SCS is available to download from PLC Property. The SCS are published by OyezStraker, Oyez House, 7 Spa Road, London SE16 3QQ, telephone 0845 0175517. The SCS are also printed in the Law Society's Conveyancing Handbook. Unfortunately, PLC Property is not authorised to provide access to an online version. OyezStraker do not supply previous editions of documents, but these can be obtained from the Law Society Library, telephone 0870 606 2511.

Each member of an LLP is an agent for that LLP and can bind that LLP, except in limited circumstances. The Limited Liability Partnerships Act 2000 gives protection to third parties dealing with members of an LLP.

A practice note on transfers of equity.

This practice note explains the trustee relationship that arises on exchange of contracts where the contract is specifically enforceable. The beneficial interest passes to the buyer but for certain purposes the seller is regarded as holding the legal estate on trust for the buyer pending completion. This trust relationship imposes certain obligations on the seller to look after the property pending completion.

A summary of the special conditions and other information set out in the printed form of the Standard Conditions of Sale (Fourth Edition). No online version of the Standard Conditions of Sale (SCS) is available from PLC Property. The SCS are published by OyezStraker, Oyez House, 7 Spa Road, London SE16 3QQ, telephone 0845 0175517. The SCS are also printed in the Law Society's Conveyancing Handbook. Unfortunately, PLC Property is not authorised to provide access to an online version. NOTE: Following the publication of the Fifth Edition of the Standard Conditions of Sale, this practice note is no longer maintained. For a list of and links to a full set of practice notes on the Fifth Edition, see Practice note, The Standard Conditions of Sale.