tm blog

tmgroup are pleased to announce that the new Groundsure Avista environmental report will be available on tmconvey from Tuesday 6th June 2017. 

This concise report will intelligently filter datasets to produce a clear and comprehensive risk report for the residential market. 

Each report will include an easy to read summary page for peace of mind, confirming the full list of data points checked against the property. Avista also offers a new level of clarity by only presenting conveyancers with the key issues requiring further attention.

This will help conveyancers to save time, as they will not have to sift through a lengthy report in order to determine next steps and key findings; recommended actions will be clearly visible, ready for a discussion with their clients. 

Key features include:

• Seven reports in one: Avista combines seven environmental searches covering the key residential property purchases risks, including 10 years of planning applications. This will help to minimise the risk of missed issues, as well as reduce delays caused by ordering further reports.

• Improved accuracy and pass rates: Avista reports are based on Land Registry polygon data as standard for the highest level of accuracy, with 106 million data points being analysed to significantly improve pass rates. 

• Clear and concise recommendations: Clearly signposted data with unambiguous recommendations will leave customers better informed, without being overwhelmed by confusing jargon. 

• The average report is less than 20 pages long: The average Avista report is less than 20 pages long, which will make it simple for conveyancers to hone in on what’s important. 

• Review next steps with a quick glance: The Avista Action Alert saves transaction time and trouble by providing a simple visual guide to the complexity of the environmental factors associated with a property.

About Groundsure Avista

Groundsure is a leading provider of environmental reports including land contamination, flooding and ground stability. Avista is their latest product, offering a comprehensive risk report with seven key environmental searches.

The new Groundsure Avista environmental report will be available to order from tmconvey on Tuesday 6th June 2017. 

You can view a 'pass' sample report here, and a 'fail' sample report here. 

For more information, contact your Account Manager, or call Helpdesk on 0844 249 9200 or email helpdesk@tmgroup.co.uk.

PlanVal mining alerts are now available on tmconvey. 

The new MiningCheck Alerts assess a property against a wealth of data to alert conveyancing solicitors and their clients to the materials that have been mined on the land; both recently and historically. 

The new MiningCheck Alerts follow the recent release of two new mining products in November, also available to order on tmconvey:

• PlanVal Coal Mining Search with Professional Opinion

• PlanVal Non-Coal Mining Search with Professional Opinion

Click here for more information

The new MiningCheck Alerts enable conveyancing solicitors to advise their clients as to whether it is necessary for them to order a complete Coal Mining Search or Non-Coal Mining Search before proceeding with their purchase. 

Isn’t mining just a risk in Cornwall and the North East?

According to PlanVal data, there are mining risk areas in every county in England and Wales; with 34% of land being in a mining risk area. 

Mining risks are not just a problem for home movers in the North and the Midlands (coal), or in Cornwall (tin), as 63 minerals have been mined, quarried or extracted across England and Wales.  

These new MiningCheck Alerts enable solicitors to confidently advise whether a client’s property is situated in a mining risk area; even when it isn’t overtly obvious. 

If you have any questions, please talk to your Account Manager for more information, or contact Helpdesk on 0844 249 9200 or helpdesk@tmgroup.co.uk.

In February 2016, a couple discovered that a planning application had been registered with Wiltshire Council for their farm cottage to be surrounded by a new 700-home estate, destroying miles of fields and the idyllic location of their property.

This news was especially devastating for the couple, as they had embarked on extensive renovations to the property since purchasing it five years previously; increasing the value from approximately £300,000 to £425,000.

Although a public exhibition was held in December 2014, and an advert was placed in the Wiltshire-based Gazette and Herald, the couple were not directly consulted or given the opportunity to register their objections before the developers applied for planning permission.

The discovery was only made after the planning application had been registered

This vital information was only conveyed to the couple by chance, after the planning application had been registered, through a conversation with a local resident while they were out walking their dogs.

Upon learning of the plans, the couple were also shocked to find that their home didn’t even appear on the submitted aerial drawings of the proposed new estate, despite it being in the middle of the site.

The final decision has yet to be made

Fortunately, at the point the couple made the discovery, comments were still invited until 27th May 2016, giving them the chance to put forward their concerns before a final decision was made; albeit later than the couple would have preferred.

However, as it currently stands (true as of 4th January 2017), a holding direction has been placed on the planning application, which is expected to delay a final decision for many months.

This far exceeds the original target date for a decision, which was set for 16th December 2016, and ultimately prolongs the period of stress and uncertainty for the couple.

The coupled could have sold the property and unwittingly passed on the risk of it devaluing, as Paul Albone, Managing Director at tmgroup, comments:

“While this couple have clearly been unlucky, this could have also been a very sorry situation for a potential buyer, as had plans been in motion to sell the cottage, the couple could have unwittingly passed on the property as well as the risk of it devaluing.

This situation highlights the very real risks associated with property investment, and the devastation that new plans and developments can have on the surrounding properties – especially in idyllic locations.

It also emphasises the fundamental importance of requesting searches, such as the Groundsure Planning Search Report, and understanding exactly what you are buying before committing to a purchase; even more so if you are new to an area and would never benefit from a ‘passer-by’ sharing local news.”

About the Groundsure Planning Search Report

The Groundsure Planning Search Report provides key information about planning applications for house extensions, small and large projects, and mobile masts in close proximity to the property; as well as local information about infrastructure, crime and education statistics.

This report is available to order through the tmconvey platform. 

You can view sample reports here for both Residential and Commercial

Following on from our recent research the Law Society, in conjunction with Catax Solutions, have released their findings on capital allowances and the results are almost identical, writes Nick Dyoss of TM Group (pictured right).

When the Law Society asked about the adoption of the new capital allowances legislation 37% of respondents said that they felt it was not the solicitor's responsibility to establish a position on capital allowances for a given property.

A further 18% did not yet realise that it is the solicitor’s responsibility to do this and have made limited progress in complying with the new legislation.

So, in total, 55% of the poll had an issue with complying with the April 2014 capital allowance practice note.

All of this is very similar to the TM Group research which found that 52% of respondents answered "What Practice Note?" and less than 10% were 'finding it easy to fulfil their obligations'.

Picking out some of the other points from the Law Society report:

• •    Only 20% of solicitors said they know everything they need to know about the Capital Allowance 2014 changes.

• •    70% admitted they would like to know more.

The other consistent theme from the Law Society's report was that clients are also unaware of capital allowances and the tax relief they can claim, which is backed up with 40% of law firms saying that their client never raises the issue during a transaction.

Is this because clients view capital allowances as a complication that delays matters rather than a benefit, albeit in the longer term?

But it doesn’t have to be like this with the client uninterested and the solicitor failing to comply with legislation; potentially exposing themselves to a negligence claim.

Practical ways of helping your clients with Capital Allowances

Add some wording into the client care letter, maybe the firm could offer some form of assistance to complete Section 32 of the CPSE.1? Certainly it's a good idea to raise the issue as early as possible in the transaction.

An easy way to help and be able to demonstrate your compliance is to obtain a search.

In the same way you do with the Contaminated Land and Flooding Practice Note, you can order a Capital Allowance Check which can be passed onto the client to help them get underway with some information which they can pass onto their tax advisors.

TM have launched a commercial search at £50 and a residential one at £15 which, with some additional information from the client, can be returned in hours. Simply login to the system to order or contact us to set you up with a account.

The issues associated with capital allowances are not going to go away and nor is the duty that solicitors have to their clients since the April 2014 changes.

The process for determining allowances can be improved quite quickly, with very little upheaval to you or your firm's existing processes. A few simple steps like the ones above could certainly help both solicitors and clients alike.

The topic of infrastructure continues to keep our politicians busy with discussions around the budget for HS2, where and when a new runway should be added in the south and if there should be more projects to improve the economy, but what about homebuyers?

Clearly many of these projects are both high profile and long term, and it would be naïve to suggest that anyone buying a house near an airport or railway line is going to be ignorant of its presence and the fact that it will impact upon the property in some way, for better or for worse. What is challenging is that these issues are usually subjective and the reaction to them will vary from individual to individual but, as a conveyancer, how can you tell unless you can inform them?