The Practical Lawyer


Planning permission – changes become permanent

Since 2013, homeowners have been able to add larger extensions to their property without the need for planning permission. This relaxation of the permitted development rights was intended to be temporary and was due to expire on 30 May 2019. The Town and Country Planning (Permitted Development, Advertisement and Compensation Amendments) (England) (Regulations) 2019 have removed the time limit and the changes have been made permanent.
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Transfers – which one?

HMLR PG 21 contains a useful table outlining which transfer form to use for a number of different transactions.
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Planning process – reminder

Conveyancers have to advise on planning matters for their clients. The planning portal has a useful flowchart to assist.
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Planning – neighbour consultation scheme

The increased limits to permit larger extensions to property are subject to the neighbour consultation scheme. This requires that the relevant local planning authority (LPA) is informed of the proposed work via a prior approval application.

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TA13 – updated

We reported in our March 2019 edition (p4) on the introduction by the Law Society of the new Code for Completion by Post. It must be used from 1 May 2019 and was introduced following the Dreamvar decision. The new code makes it clear that the seller’s solicitor is acting for the true owner of the property.
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How to buy and sell guides – published

The government has published its guidance for members of the public on the conveyancing process: How to sell a home and How to buy a home. The guides met with some criticism due to some inaccuracies, but these have been amended. The guides are aimed at members of the public and the idea of them is to try to speed up the conveyancing process as the consumer will have a better idea of what questions to ask, what their rights are and what responsibilities they have.
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Mandatory survey? – RICS consultation

The RICS has launched an industry and public consultation on the proposal to introduce a new mandatory Home Survey Standard. The RICS hopes that a new statement would improve the conveyancing process and enhance consumer confidence. The RICS states:
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HMLR PG 21 complex transfers – updated

HMLR PG 21 deals with the use of transfer forms for complex transactions. It contains detail of when to use a single transfer and when to use separate transfers. It also contains detailed guidance on how to complete the transfers. HMLR has updated section 3 of PG 21 to include more guidance if the transfer is an exchange. It contains wording to use when:
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Submitting OS2 – via Portal

HMLR has updated its instructions on how business e-services customers can apply for an OS2 via the Portal.

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Freehold management enquiries (FME1) – new form

The Law Society has issued a new form FME1. The form contains standard questions that can be asked when acting for someone who is buying a freehold that shares services with other houses.

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Power of attorney – validity
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The powers of attorney in a recent case were granted in the context of a share sale, but private client practitioners will benefit from the clarity given by the court on the validity and execution of... Read more...
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We have reported above that LeO has issued updated costs guidance. Costs complaints often involve disputes above whether VAT was included in the price. The updated guidance states that VAT is often... Read more...
Firm reprimanded – poor language
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Solicitors are reminded that they are officers of the court at all times and are expected to maintain an appropriate level of courtesy throughout their professional dealings. Read more...
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It is interesting to note that the High Court has refused to transfer a multibillion-pound class action from Liverpool to London. The action involves some 200,000 claimants who are suing a mining... Read more...
Fixed recoverable costs – payable if £25k limit exceeded
Wednesday, 12 June 2019
Fixed recoverable costs (FRC) prescribe the amount of damages that can be claimed back from a losing party in civil litigation; they are a way of controlling the legal costs by giving certainty in... Read more...
Section 21 notice – amended form introduced
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Under Housing Act 1988 an s21 notice gives L an automatic right of possession without having to give any grounds once the fixed term has expired. The notice cannot be used to gain possession during... Read more...
RV – can demand be assumed?
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To calculate the rateable value (RV) of a property, a valuation officer (VO) must work out what the open market rent would be for the property by applying the rating hypothesis. The purpose is to... Read more...
Proprietary estoppel – successful claim
Wednesday, 12 June 2019
Proprietary estoppel is a remedy which prevents the legal owner of a property from asserting their strict legal right in relation to that property when it would be unconscionable to allow him to do... Read more...
Children – care plans
Wednesday, 12 June 2019
What is the court’s approach where there is an impasse with the LA regarding an important element in a care plan? In this case, the CA found that the trial judge’s invitation to the LA to... Read more...
ET fees – £16m still owing
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In 2017 the SC ruled that ET fees, introduced by the government in 2013, were unlawful. This was on the basis that they were a barrier to access to the ET, particularly for employees on low incomes. Read more...


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