The Practical Lawyer

Conveyancers must become aware of a new method of property being sold by auction. An increasing number of agents are using the controversial online auction. This is a method of selling and buying property which can be quicker and avoid a chain - a benefit to both sellers and buyers. But there are some pitfalls, particularly for the unwary buyer.

Conveyancers are sometimes faced with paperwork from a seller's conveyancer denoting that work is being or has been done to the seller's party wall. The Party Wall Act 1996 provides a framework preventing and resolving disputes in relation to party walls, boundary walls and excavations near neighbouring buildings. A building owner proposing to start work covered by the Act must give adjoining owners notice of their intentions in accordance with the procedures under the Act. Adjoining owners can consent to the proposed work or disagree with it, in which case the Act provides a mechanism for resolving disputes.

The Law Society has updated the protocol with effect from 19 August 2019. The protocol sets out a framework for the sale and purchase of residential property. CQS accredited firms must use the protocol. Non-CQS firms do not have to use it, but it is considered best practice to do so. The key changes are:

Practitioners are reminded that forms AP1, FR1 and DS2 require evidence of identity that must be lodged in support of the application for registration. HMLR has issued guidance on when such evidence is required. It points out that if an application includes a statement that might be untrue or misleading, this might amount to fraud. It is thus vital for practitioners to understand the requirements and they must not treat identification evidence as a mere administrative task.

HMLR PG40 contains various supplements detailing the requirements in relation to plans accompanying HMLR applications. Supplement 2 (guidance for preparing plans) has been updated to state that: