tm blog

Planning data can cause delays and frustrations

When someone is planning on buying and then renovating their new home, planning data can throw a spanner in the works. Client queries can be time-consuming and costly.

It can be hard to ascertain what exactly your client wants when it comes to planning. They may be unsure themselves or think what they want won’t need permission. In addition, large volumes of data can be confusing for the home buyer and could mean vital information about their purchase is missed. 

How RiskView Residential is being enhanced to solve your planning data problems

RiskView Residential is an all-in-one environmental report that delivers easy-to-interpret data. It covers the key risk areas of contaminated land, flood, ground hazards and energy and infrastructure.

From January 3rd 2020, RiskView Residential will include planning applications and planning constraints data. 

By including planning in with RiskView, Landmark has focused on efficiency by removing easily solved client queries. 

Landmark has enhanced their simple to use, dynamic online viewer. Your client can use the new date filter to evaluate what’s important to them. You might be surprised that out of hundreds of planning applications, your client is only interested in a few. Now they can save time and quickly focus on what matters most.

Within the report, the number of pages in RiskView has been kept to a minimum – placing the large, home-buyer centric data in the online viewer. This ensures you don’t have to review or print dozens of pages unnecessarily.

Information in a click

The RiskView online viewer has also been enhanced to include (where possible) a clickable weblink for recent planning applications. 

Together, RiskView’s new features reduce the time it takes to evaluate planning data and the number of enquiries by removing the complexity and volume of the data presented.

Planning constraints data is also included, providing invaluable insight for your home-buyer client to determine if nearby constraints are likely to have an impact on future plans or marketability. Using the online viewer, home buyers can see if planning has been refused in the area. They can also see if any recent applications could (in their opinion) have an impact on the location.

By arming homeowners with this data, you are helping them choose their future home, with real, factual information.

Together, RiskView’s timesaving features add value to your service. You are also reducing the time spent dealing with planning related enquiries. 

Providing complete environmental due diligence with professional opinion in one report, RiskView is the market leading choice in client care.

RiskView with planning includes:

•Planning applications as standard

•Planning application summary on one page in the report

•Online viewer designed to reduce time spent on planning queries

•Unique dynamic date filter

•Planning application clickable links

•Planning constraints

To find out more about how RiskView Residential can save you time, please contact our Client Services Team on 0800 840 5571 or helpdesk@tmgroup.co.uk

Terrafirma’s updated Ground Report – Coming 1st October

Terrafirma’s updated Ground Report will be available to order on tmconvey from October 1st. Pricing remains unchanged.

This will be the first domestic search product to give an accurate prediction of properties which are likely to suffer clay-related shrink-swell movements or be affected by nearby tree roots – including an insight into the possible long-term effects of a changing climate on subsidence risk.

Sample report: Click here to see a sample report

About the report

The updated Ground Report includes a simple-to-understand guide to the potential amount of ground movement and the zone of influence of large trees, providing clear guidance on the scope of building surveys and subsidence insurance for affected properties.  

It includes:

·An additional clay subsidence summary on the front page, highlighting recommended actions for the purchaser.

·Terrafirma’s unique sinkhole alert now forms part of the front-page location map, highlighting recorded collapses near to the purchasers’ property.

·A revised Natural Ground Perils module which identifies the likely risks from slope movement as well as any mapped landslide areas.

· A new comprehensive Clay Subsidence module.

Pricing: Unchanged at £50+ VAT

If you have any questions, please get in touch with your Account Manager or our friendly Helpdesk team on 0800 840 5571 or helpdesk@tmgroup.co.uk

With the Land Registry now requiring registration applications to be made within 14 days of completion, tmgroup’s post-completion service streamlines the processing of Stamp Duty Land Tax (SDLT) payments and AP1 forms to keep you in control.

Recent figures reveal the average time to complete registration across the industry is between 20 and 22 days. tmgroup analysed the average turnaround time for customers using their post-completion service and found it to be around 7 days.

Average times varied across the regions, with the South West fastest at 19.7 days, followed by East Anglia at 20.4 days. Slowest were the North East at 23.5 days, followed by the North West at 22.5 days.

Using tmgroup’s post-completion services could reduce the time taken to register property sales and transfers for many firms by around two-thirds. Benefits of using the fully integrated system include the following:

No need to enter data

The required information is automatically populated into the relevant forms from the tmgroup system. This means no time spent copying data across and working out which fields need to be completed. 

With completion of the SDLT form and AP1 being quick and simple, tmgroup users can make their applications as soon as the transfer document is received. This helps prevent any delay in the registration process and subsequent problems, for example where the buyer may wish to serve notice on a tenant or enforce a right contained in the title. 

Save time

As well as automatic completion of the relevant forms, the system only displays the fields that need to be filled in, which helps in trickier transactions, for example where part of the property is leasehold or only part is to be transferred. This means that users don’t have to browse through the entire document to find the right boxes to complete.

Completed forms and the current status of the case are visible to all team members, even across different offices, so it is easy to stay on top of cases, respond to buyer queries and manage work in the event of staff absences.

With the SDLT5 form sometimes returned to tmgroup users within seconds, there is the opportunity to cut application times to the absolute minimum. The faster a property transfer is registered, the lower the risk to the new owner from the registration gap. 

Reduced risk of error

Automatic population of data fields takes away the risk of human error in transcribing information. 

The system shows dates, times and submission status as well as any requisitions raised and records of conversations with the Land Registry. Timely prompts give notice of impending cancellation deadlines, meaning the risk of having to reapply is reduced. 

Missing information is highlighted at the time the forms are completed, minimising the number of requisitions and delays.

tmgroup is an approved software partner of both HM Revenue & Customs and HM Land Registry, meaning it is always up to date. It is secure and compliant, with data being encrypted so that anyone outside of your firm or the relevant government bodies is unable to view it.

Thoughts from one of our clients

Once our tmgroup users have tried the post-completion services, they really appreciate how easy it is to conclude a transaction. Victoria Follows, a partner in the property department of Hand Morgan & Owen explains. “We like the tmgroup platform and find it very easy to use. It is colourful and easy to find your way around. I also find it very useful to be able to see everyone’s cases, so if a colleague is off sick or on holiday, I can continue to progress their SDLT and AP1 submissions and meet our tight deadlines.

“The support from the tmgroup team is also fantastic and I can’t commend them highly enough. The Helpdesk is great and our Account Manager is superb. Everyone is just so willing to help.”

If you have any questions about how to fully utilise the post-completion service, please get in touch with your Account Manager or our friendly Helpdesk team on 0800 840 5571 or helpdesk@tmgroup.co.uk

tmgroup spoke to Paul Addison, Managing Director of DevAssist about Strategic Housing Land Availability Assessments (SHLAAs), and how understanding where there is development potential is just as critical as advising clients on current planning applications.

Nearly ⅓ of properties have a high risk of development in their proximity

I think the first thing you really need to know is that nearly ⅓ of the property purchases you are consulting on, have a high risk of development in their proximity. Furthermore, this risk is not always made clear, so if this risk is unknown to the client at the point of purchase, are you responsible? 

You could well be. In an economic climate where we are all increasingly risk averse, a risk of unforeseen development for your clients is a risk to you. Claims against Professional Indemnity are one of the most common contributory factors to solicitors going out of business. 

‘95% of homebuyers are concerned about unforeseen development in their neighbourhood.’ (Institute of Economic Affairs)

Purchasing a property, only to discover too late that there is a significant risk of development nearby, can and does result in clients taking legal action against their solicitors. Unfortunately, we’ve only seen the rate of these claims increasing. Clients are placing responsibility for interpreting planning data, with their conveyancer. The landmark case which really shifted the perspective across the whole industry was the Bird & Bird case in back in 2014. 

Law firm Bird & Bird had been instructed to purchase a high value property in North London. However, they had failed to disclose to the client that a planning report had contained information regarding a substantial development planned nearby. The client did not learn of this development until after the contract had been signed and deposit to the vendor paid. Upon discovery, they pulled out of the sale and took Bird & Bird to court to recoup costs invested so far. Ironically, the development was nearby but would not have adversely affected their property. In court, Bird & Bird took the stance that they were not under any duty to provide the report. Regrettably, having felt they had followed protocol correctly, the judge took the side of the client. Bird & Bird lost the case and were ordered to pay £1.8m in damages plus interest.

So how do you protect your firm and your reputation?

My advice to conveyancers is always the same. You need to be accessing all the data available to you and not relying on planning data reports alone. Strategic Housing Land Availability Assessments (SHLAAs) are a land viability exercise undertaken by local councils. This assessment of land availability identifies a future supply of land which is suitable, available and achievable for housing and economic development uses. This is an activity taking place in all of our local neighbourhoods with a real risk of impacting us all, but so little attention is paid to them. This is of course great news for developers, but worrying for homeowners. For those that aren’t yet in the know; 

The assessment will:

• identify sites and broad locations with potential for development;

• assess their development potential;

• assess their suitability for development and the likelihood of development coming forward (the availability and achievability).

How does this affect you and your clients? 

Sites that have undergone this assessment are significantly more likely to be approved for planning permission. However, here’s the real catch, SHLAA’s are not reported in standard searches or planning data. If your firm only commissions the basic searches, you will be missing vital information regarding potential development. 

In addition to this, the planning data you receive is usually provided as raw data. This makes the data complex to interpret and in my experience, doesn’t give you the full picture. 

Important development insight is contained in the planning data but often, any risks of development to the property you are interested in, are not easily identified. This is due to the geo-coding of the data, making the proximity of planned developments to the property of interest, unclear.  It is often the case that planning data will identify a development proposal in the neighbourhood, but mislead you about how near that development is to a subject property. On a planned development of 2,000 homes, the geo-coding could be set to any point on that large acreage – likely some distance from the property you’re looking at. When in reality, the development is going to extend as far as the bottom of your client’s garden. 

The only way to extract the real risk of, or proposed development and its proximity to a property, is to assess the planning data alongside the SHLAA research. 

How likely is it that your clients will be affected by unforeseen development? 

Very. Particularly in the ever-shifting and evolving urban environments. Our research indicates that purchasers and investors have a 20% chance of experiencing major or significant change in London. In Manchester, this rises to 42%. We can’t always avoid development or the risk of it, but we can be better informed. 

Rooms without a view

Just last month in Folkestone, we were commissioned to deliver a report on a subject property which enjoyed uninterrupted sea views. The apartment was to be a retirement home and the views were the primary attraction for the buyer. We identified two high risk development proposals, just metres from the property. One of these proposals had already received planning permission. The approved development was for a large modern apartment block that would obstruct the sea views entirely from the property - see image below. 

These developments were not picked up in the standard conveyancing searches that had already been undertaken.

It’s not just the sea views under threat of course. We recently delivered a report for clients in Warrington. The property was a country cottage that boasted enviable rural views and a quiet location.

Our report ascertained that there was a real risk of development in the immediate vicinity of the property. Our report identified that the area as a whole has been considered for Garden City Suburb development and that one site, bordering the subject property had already been promoted through the SHLAA process. This insight wouldn’t have been exposed in standard conveyancing searches and was critical to the client’s decision on whether to proceed with the purchase.

Be informed 

I feel passionately that you can only take responsibility for the information, if you have the full picture. If your searches do not contain SHLAA data, you are missing a vital piece of the puzzle. This omission of data has been a source of huge frustration for me over the years and hence the establishment of my own company in this field. 

Discovering unforeseen development is not a rarity either. You and your clients will be impacted by development, as we are a small island in dire need of more housing! However, we can be more informed about our changing neighbourhoods, and in turn make more informed decisions when it comes to buying properties.

For more information about DevAssist, visit www.devassist.co.uk or get in touch with your tmgroup Account Manager. 

Lawyer Checker have advised that the price of their Account and Entity Screen (AES) will be increasing by £2 + VAT, from 1st September 2019. 

AES provides comprehensive, real-time reporting on the legitimacy of law firms and their bank accounts. The price of the report will increase from £10 to £12 on tmconvey for any orders placed on or after 1st September. 

If you have any questions, please get in touch with your Account Manager or our friendly Helpdesk team on 0800 840 5571 or helpdesk@tmgroup.co.uk

BT Property Search will soon be available to order on tmconvey.

Priced at £59 +VAT, the report will allow conveyancers to check if proposals, including demolition or construction, might affect BT plc (BT) assets in the UK. BT assets consist of various types of property, including Telephone Exchanges and cable connections to and from them, above and below ground. 

Of particular benefit to residential and commercial developers, BT Property Search will help conveyancers to support their clients in mitigating the risk of damage to BT assets and their own, as well as limit unnecessary costs and delay.

If you have any questions, please get in touch with your Account Manager or our friendly Helpdesk team on 0800 840 5571 or helpdesk@tmgroup.co.uk

On Monday 12th August 2019, Groundsure’s relaunched Agricultural Report will be available to order on tmconvey - with new and updated pricing (see more details in the table below). 

Following an extensive research programme with Property Lawyers and PSLs from leading law firms across the UK, the report has been redeveloped with new data, features, improved layout and a new design – including:

• Law Society compliant contaminated land assessment, including confirmation of any high risk features by experts

• *NEW* Full flood risk assessment covering river, coastal, surface water and groundwater - compliant with Law Society guidance

• Manual review of high detail historical Ordnance Survey mapping

• In-depth contaminated land database dating back to the 1840s (including 27,000+ land use classifications)

• *NEW* Energy includes current and proposed oil and gas exploration areas and wells, wind farms, solar farms, power stations and large energy infrastructure

• *NEW* Transportation includes Crossrail 1 and 2, HS2, active railways, underground and DLR

• *NEW* Planning constraints inform about environmental and cultural designations in the area that could impact on planning proposals

• *NEW* Planning applications will inform on small and large developments on or near the Agricultural Land

• Ground stability covers natural and non-natural subsidence potential, including coal mining screening

• Property specific radon assessment

• *NEW* Crop map of England (provides a detailed description of the specific agricultural uses at a farm)

• *NEW* Enhanced guidance on Section B8 of the Law Society Conveyancing Handbook (25th ed.)

o Environmental stewardship schemes

o Agricultural land classification

o Timber felling licenses

o Open access land

o Waste exemptions

o Current and historical rights of way assessment

o Abstraction licences

o Discharge consents

o Environmental designations

These enhancements are also accompanied by price changes. 

You can see the new and updated pricing in the table below:

If you have any questions, please get in touch with your Account Manager or our friendly Helpdesk team on 0800 840 5571 or helpdesk@tmgroup.co.uk

From early June, you’ll be able to order the following Legalinx reports on tmconvey - in addition to the CourtChex (winding Up Search), which is already available.

The following reports will be available to order via the tmconvey platform:

• Comprehensive Bankruptcy Search (Search of Land Registry and Bankruptcy Court)

Checks are carried out at the Insolvency Service England and Wales which identifies any current bankruptcy orders. An additional check is then carried out at the Land Registry which identifies any pending bankruptcy orders.

• Gazette Report

This report will provide details of any insolvency notices published in the London, Edinburgh or Belfast Gazettes.

• Individual Pending Bankruptcy Searches

Our Individual Bankruptcy Searches offer compliance and minimise risk through ascertaining whether there are any pending bankruptcy petitions lodged against an individual within the jurisdiction of the RCJ. Legalinx physically visit, and search, at the Royal Courts of Justice and Central London County Court to determine whether any previous bankruptcy petitions have been issued in the last 5 years against a debtor.

The following additional reports will be available on request, by contacting our Helpdesk team on 0800 840 5571 or email helpdesk@tmgroup.co.uk 

• Foreign Insolvency Plus Report

• Insolvency Plus

• Northern Ireland Court of Justice & EJO Check

FCI have joined forces with Terrafirma to deliver a new search report, combining the current Premium Residential Environmental Report with Terrafirma’s official CON29M coal mining search. 

• Cost: £80.00 + VAT

• Location on tmconvey: Under the Environmental section

• Sample report: Click here to see a sample report

Available on tmconvey from early June, this search report combines the Environmental, Flood, Ground Stability, Energy and Infrastructure of the FCI Premium Residential Search, with a Terrafirma CON29M, which automatically includes nearby subsidence claims data (previously only available at additional cost from The Coal Authority). 

If you have any questions or queries, please contact your Account Manager, or get in touch with our friendly Helpdesk team on 0800 840 5571 or email helpdesk@tmgroup.co.uk

Groundsure’s Preliminary Unexploded Ordnance Risk Assessment will be available to order on tmconvey from early June – identifying the potential risks from unexploded ordnance (UXO) that could affect your client’s construction projects. 

• Cost: £195 + VAT

• Location on tmconvey: Under the Environmental section

• Sample report: Click here to see a sample report

About the report

Based on a 10km radius from the red dot marking the property, the report covers:

• Analysis of over 5,000 projects to mitigate bomb risks on  development sites since 1991

• Accurate bomb density mapping based from Ordnance Survey  maps 1941 -1944 

• Extensive archive of previous bomb excavation works and  threat assessment Bomb, V1 and V2 strike locations from original war records and area damage assessments (where available) 

• UXO risk assessment – contour maps applied around potential source of strike locations 

• The cost of the Preliminary report is discounted from the Stage 2 Detailed Risk Assessment

This report covers the possible health and safety risks for contractors under CDM 2015. Groundsure have also partnered with industry specialists Dynasafe BACTEC to provide a comprehensive view on the risks, so they can be factored into a site assessment.

If you have any questions or queries, please contact your Account Manager, or get in touch with our friendly Helpdesk team on 0800 840 5571 or email helpdesk@tmgroup.co.uk