PROPERTY DETAILS QUESTIONNAIRE

Transcription

1 PROPERTY DETAILS QUESTIONNAIRE Address of Property: IMPORTANT TE TO SELLERS - PLEASE READ THIS FIRST Please complete this form carefully. If you are unsure how to answer the questions, please give us a call to discuss. *We shall send this form to the buyer s solicitor and it will be seen by the buyer who is entitled to rely on the information. *For many of the questions you need only tick the correct answer. Where necessary, please give more detailed answers on a separate sheet of paper. Then send all the replies back to us to forward to the buyer s solicitor. *The answers should be those of the person whose name is on the deeds. If there is more than one of you, you should prepare the answers together and both/all sign. *It is very important that your answers are correct because the buyer is entitled to rely on them in deciding whether to go ahead. Incorrect or incomplete information given to the buyer direct, through us or through your selling agent or even mentioned to the buyer in conversation between you, may mean that the buyer can claim compensation from you or even refuse to complete the purchase. *If you do not know the answer to any question it is OK to say so! This is not a test! *The buyer takes the property in its present physical condition and should, if necessary, seek independent advice, e.g. instruct a surveyor. You should not give the buyer your views on the condition of the property. *If anything changes after you fill in this questionnaire but before the sale is completed, tell us immediately. THIS IS AS IMPORTANT AS GIVING THE RIGHT ANSWERS IN THE FIRST PLACE. *Please immediately pass to us any notices you have received which affect the property, including any notices which arrive at any time before completion of your sale. *If you have a tenant, tell us immediately and if there is any change in the arrangement but do nothing without asking us first. *You should let us have any letters, agreements or other documents which help answer the questions. If you know of any which you are not supplying with these answers, please tell us about them. *Please complete and return the separate Fixtures, Fittings and Contents Form. It is an important document which will form part of the contract between you and the buyer. Unless you mark clearly on it the items which you wish to remove, they will be included in the sale and you will not be able to take them with you when you move. *You may wish to delay the completion of the Fixtures, Fittings and Contents Form until you have a prospective buyer and have agreed the price, in which case please retain the Form. Trethowans LLP is a limited liability partnership registered in England and Wales and is regulated by the Solicitors Regulation Authority

2 PROPERTY DETAILS QUESTIONNAIRE Address of Property: Information in the seller s possession or knowledge 1 Home Information Pack 1.1 Is there a HIP for the Property? If please supply a copy or advise as to its whereabouts 1.2 Has there been any change to any of the information contained in the HIP? If please give full details 2 Boundaries Boundaries means any fence, wall, hedge or ditch which marks the edge of your property. 2.1 Looking towards the house from the road, who either owns/accepts day to day responsibility for the boundary: (a) on the left WE DO NEXT DOOR SHARED T KWN (b) on the right WE DO NEXT DOOR SHARED T KWN (c) across the back WE DO NEXT DOOR SHARED T KWN (d) across the front WE DO NEXT DOOR SHARED T KWN 2.2 If you have answered not known, which boundaries have you actually repaired or maintained? (Please give details) 2.3 Do you know of any boundary being moved in the last 20 years? (Please give details)

3 2.4 Have you purchased any additional land adjacent to the property or do you have use of any additional piece of land? (Please give details) 3 Disputes and Complaints 3.1 Do you know of any disputes or anything which might lead to any dispute about this property or any neighbouring property? : (PLEASE GIVE DETAILS) 3.2 Have you received any complaints about anything you have, or have not, done as owner? : (PLEASE GIVE DETAILS) 3.3 Have you made any complaints to any neighbour about what the neighbour has or has not done? : (PLEASE GIVE DETAILS) 4 Notices 4.1 Have you either sent or received any communications or notices which affect your property or the neighbouring property in any way (for example, Party Walls Act 1996 Notices or any notices from or to neighbours, the council or a government department)? : (PLEASE GIVE DETAILS) COPY TO FOLLOW 4.2 Have you had any negotiations or discussions with any neighbour or any local or other authority which affect the property in any way? : (PLEASE GIVE DETAILS)

4 5 Guarantees 5.1 Are there any guarantees or insurance policies of the following types: If so, please supply a copy (a) New Home Warranty (e.g. NHBC, Zurich) (b) Damp course? (c) Double glazing, roof lights, roof windows, glazed doors? (d) Electrical Work? (e) Roofing? (f) Timber infestation? (g) Central heating? (h) Underpinning? (i) Anything similar, (e.g. cavity wall insulation, wall-ties)? (j) Do you have written details of the work done? (eg. Please enclose of any reports, surveys and estimates/invoices for the work) (k) Please confirm that the originals of any guarantees will be left at the property on completion CONFIRMED DO T HAVE ORIGINALS 5.2 Have you made or considered making claims under of the guarantees? : PLEASE GIVE DETAILS 6 Central Heating 6.1 Does the property have central heating? (If no please go to section 7) 6.2 To your knowledge is the system in good working order? Please detail: (PLEASE GIVE DETAILS

5 6.3 Has any repair/maintenance to the system been carried out during your ownership? 6.4 When was the system last serviced and by whom? (Please forward copies of any paperwork) 6.5 Have any central heating boilers or water tanks been installed at the property since 1 April 2002? 7 Services 7.1 Please tick which services are connected to the property GAS ELEC MAIN WATER MAIN DRAINS TEL CABLE /SKY TV SEPTIC TANK CESSPIT 7.2 Please detail who supplies the following services: (Please detail below): Gas: Electricity: Telephone: Broadband: Satellite/Cable: Water and Sewage: 7.3 Is the water supply on a meter? 7.4 Do any drains, pipes or wires for the services cross any neighbour s property? T KWN : (PLEASE GIVE DETAILS) 7.5 Do you intend to take the current telephone number to a new property? 7.6 Is there a burglar alarm at the property? If so, is there a service contract? If so, please supply a copy 7.7 Do any drains, pipes or wires leading to any neighbour s property cross you property? T KWN : (PLEASE GIVE DETAILS) 7.8 Are you aware of any informal agreement or arrangement about any of the above? T KWN : (PLEASE GIVE DETAILS)

6 7.9 When were the electrics last tested by a qualified registered electrician? If so please provide any copy certificates you may have T KWN / / 7.10 Have you ever experienced any problems with the drains at the property? : (PLEASE GIVE DETAILS) 7.11 Is your rubbish collected by wheelie bin or black bags? WHEELIE BIN BLACK BAGS 7.12 Please state if the drainage is to a septic tank or cess pit. If so, please confirm the following: (a) Its location, date of construction and type (if known): (b) Whether other properties drain into it: (c) Have you ever had any work undertaken to the system? (d) Details of the annual charge for emptying and when this was last carried out and by whom: (e) So far as you are aware, is it in good working order? (f) If you have a Septic Tank, please provide any Consent to Discharge required under the Water Resources Act 1991 (as amended by the Environmental Act 1995). TO FOLLOW 7.13 Where are the following located? (a) Electricity meter (b) Gas meter (c) Water meter (d) Mains water stopcock (f) Fuse box 8 Sharing with the neighbours 8.1 Are you aware of any responsibility to : (PLEASE GIVE DETAILS)

7 contribute to the cost of anything used jointly, such as the repair of a shared drive, boundary or drain? 8.2 Do you contribute to the cost of repair of anything used by the neighbourhood, such as the maintenance of a private road? If so, who is responsible for organising the work and collecting the contributions? Please give details of all such sums paid or owing, and explain if they are paid on a regular basis or only as and when work is required. 8.3 Do you need to go to any neighbouring property if you have to repair or decorate you building or maintain any of the boundaries or any of the drains, pipes or wires? If yes, have you always been able to do so without objection by the neighbours? (Please give details of any objection under the answer to question 2 - Disputes and Complaints) 8.4 Do any of your neighbours need to come onto you land to repair or decorate their building or maintain their boundaries or any drains, pipes or wires? If so have you ever objected? :(Please give details of any objection under the answer to question 2 - Disputes and Complaints) 8.5 Does any part of your property project under or over any adjoining property? : (PLEASE GIVE DETAILS) 9 Arrangements and rights 9.1 Is access obtained to any part of the property over land not belonging to you? If so, please specify. : (PLEASE GIVE DETAILS) 9.2 Has anyone taken steps to stop, complain about or demand payment for such access being exercised? : (PLEASE GIVE DETAILS)

8 9.3 Are there any other formal or informal arrangements which you have over any of your neighbours property? (Examples are for access or shared use) : (PLEASE GIVE DETAILS) 9.4 Are there any other formal or informal arrangements which someone else has over your property? (Examples are for access or shared use) : (PLEASE GIVE DETAILS) 10 Occupiers 10.1 Does anyone other than you live in the property? If go to question Do any of them have any right to stay on the property without your permission? (These rights may have arisen without you realising, e.g. if they have paid towards the cost of buying the house, paid for improvements or helped you make your mortgage payments.) : (PLEASE GIVE DETAILS) Are any of them tenant s or lodgers? : (Please give details and a copy of any tenancy agreement) Have they all agreed to sign the contract for sale agreeing to leave with you (or earlier)? Please confirm the date they will move out. 11 Changes to the property 11.1 Are you aware of any of the following taking place to the property or any part of it since it was built (including the garden). If yes, please state the year and tick to confirm which documents were obtained. To save you time and money please send us any paperwork which you have relating to each of the changes. (a) Building Works (including loft conversions, removal of internal walls/chimney breasts and conservatories) : Year Buildings Regulations Planning Permission *Deeds Consent

9 (b) Change of use : Year Buildings Regulations Planning Permission *Deeds Consent (c) Sub-division : Year Buildings Regulations Planning Permission *Deeds Consent (d) Conversion : Year Buildings Regulations Planning Permission *Deeds Consent (e) Business activities : Year Buildings Regulations Planning Permission *Deeds Consent (f) Replacement windows / glazed doors / roof lights or windows : Year Buildings Regulations Planning Permission *Deeds Consent (g) Underpinning : Year Buildings Regulations Planning Permission *Deeds Consent (h) Central Heating Boiler Installation : Year Buildings Regulations Planning Permission *Deeds Consent (i) Solar Panel Installation : Year Buildings Regulations Planning Permission *Deeds Consent (*Note: Deeds Consent - The title deeds of some properties include clauses which are called restrictive covenants. These may, for example, forbid the owner of the property from carrying out any building work or from using it for business purposes or from parking a caravan or boat on it unless someone else, often the builder of the house, gives consent.) 11.2 Has any glazing FENSA certificate been issued at the property? ( p) 11.3 If any consent was needed but not obtained: (a) Please explain why not: (b) From whom should it have been obtained? (Note: Improvements can affect council tax banding following a sale.) 11.4 Do you know if there is a legal indemnity insurance policy for the property? Not buildings insurance (e.g. defective policy title, chancel repair, restrictive covenant, lack

10 of planning or Building Regulations) (Note: Such a policy might have been taken out if works were carried out in the past without the necessary Buildings Regulations, Planning Permission or Deeds Consent.) 12 Conservatories 12.1 Is there a conservatory at the property? If No, you can go to section Is your conservatory on any wall of the property such that it fronts the public highway or footpath? 12.3 Is the conservatory only on the ground level of the property? 12.4 Is it used solely for domestic purposes? 12.5 Is the volume of the conservatory: less than 15% of the original volume of the property and less than 70 cubic meters in total? (or less than 10% if the property is a terraced house or in a Conservation Area/Area of Outstanding Beauty, the Broads or a National Park and less than 50 cubic metres) 12.6 Is the overall height of the conservatory less than 4 metres? 12.7 Is any part of the conservatory within 2 metres of any boundary of your property? 12.8 Is the floor area less than 30 metres square? 12.9 Is the roof glazed with translucent or transparent materials? Is the conservatory glazed with safety glass at low level (i.e. from floor to 800mm in any wall and up to 1500mm in any door) Does the conservatory contain sleeping accommodation? Is the conservatory permanently separated from the rest of the property by means of a door?

11 12.13 Is the conservatory permanently heated? Does the conservatory contain any drainage facilities (e.g. for a sink or washing machine?) 13 Planning and building control 13.1 Is the property used only as a private home? : (PLEASE GIVE DETAILS) 13.2 Has the property been designated as a Listed Building? If so, when did this happen? IN THE YEAR T KWN 13.3 Are you aware of any improvement grants or similar grants being given in respect of your property which will need to be repaid on completion? (PLEASE DETAIL) 13.4 Have any electrical works been carried out at the property since 1 st January 2005? (If so please supply a BS7671 compliant Electrical Safety Certificate from the authorised installer or the Building Regulation Compliance Certificate) (Copy Certificate to be enclosed) 13.5 Has any boiler or other gas installation been carried out at the property since 1 st April 2002? (If so please supply the relevant installer compliance certificate or the Building Regulation Approval) (Corgi Certificate to be enclosed) 13.6 Are you aware of any proposed development or building work for any neighbouring land or property? (PLEASE DETAIL) 13.7 Is the property affected by a Tree Preservation Order? If Yes, please supply any paperwork you have to save you time and money If so have you chopped/lopped or topped any tree affected by the Order? (Please forward copies of this Local Authority permission for this work) (PLEASE DETAIL) 14 Expenses Have you ever had to pay for the use of the Property? (PLEASE DETAIL)

12 (Note: Ignore Council Tax, water rates and gas, electricity and telephone bills. Disclose anything else: examples are the clearance of a cesspool or septic tank, drainage rate, rent charge, contribution to maintenance of a shared driveway) (If you are selling a leasehold property details of the lease s expenses should be included on the Leasehold Property Section) 15 Related purchase 15.1 Is the sale dependant on your buying another property? 15.2 If what stage have the negotiations reached? 15.3 Do you require a mortgage? 15.4 If, have an offer been received and/or accepted or a mortgage certificate obtained? 16 Moving date 16.1 Please detail any special requirement about a moving date. E.g. dates on which you cannot move. (Note: This will not be fixed until contracts are exchanged, i.e. have become binding. Until then you should only make provisional removal arrangements) 16.2 On completion do you intend to remain at the property beyond 1pm (Note: you would normally be expected to clear the property by this time) 17 Overriding Interests or Interests 17.1 Is the property affected by any lease granted for a term of 7 years or less or an old lease having 7 years or less remaining? (PLEASE DETAIL) 17.2 Does anyone else exercise rights over the property which are not contained in your title documents e.g. Rights of way (other than public rights of way) Rights to run pipes, wires or (PLEASE DETAIL BELOW)

13 cables through the property (whether below, on the surface or at a high level) Rights to park Rights claimed by anyone in actual occupation of the property Rights of light Rights of suppose from adjoining properties 17.3 Are you aware of the property being affected by any of the following: The right of another party to take things from the land (e.g. timber, hay or fish) Customary rights (rights deriving from local traditions) Franchises (such as a right to hold a fair) A right to rent which was reserved to the Crown on the granting of a freehold estate Any rights relating to embankments or sea or river walls Rights to minerals Manorial rights Any rights to payments in lieu of tithe (usually known as corn rents) Chancel repair liability Fishing or shooting rights Rights to graze animals (PLEASE DETAIL BELOW) 18 Environmental matters 18.1 To your knowledge has the property or its garden ever suffered from flooding? (PLEASE DETAIL) 18.2 Are you aware of any contamination, landfill, or pollutants affecting the land on which your property is built or the surrounding area? (PLEASE DETAIL) 18.3 Has the property ever suffered from subsidence to your knowledge? (PLEASE DETAIL) 18.4 Have protective measures against the build up of Radon Gas been incorporated in the construction of the property? (PLEASE GO TO QUESTION 19) T KWN 18.5 Has the level of Radon Gas been measured at the property? T KWN (a) Were the results above the (PLEASE DETAIL)

14 Action Level (as prescribed by the national Radiological Protection Board?) (b) Were any remedial measures installed at the property as a result of the test detailed above? (PLEASE DETAIL) 19 Mining 19.1 Are you aware of any current or past mines or mineral working in the vicinity of the property? (PLEASE GO TO QUESTION 20) 19.2 Are you aware of any damage caused to the property due to mining within the vicinity of the property? (PLEASE DETAIL) 19.3 Has the Seller made a claim in respect of any damage? (PLEASE DETAIL) 19.4 Is the Seller aware of any claim being made by any previous owner? (PLEASE DETAIL) 19.5 Please provide us with a copy of the schedule or correspondence of any work carried out by the coal board N/A 20 General questions 20.1 What Council Tax band is the property in? (Note: Past improvements can affect Council Tax banding following a sale. Go to Please detail 20.2 Will you be taking your telephone number with you? 20.3 Has your property ever been burgled? 20.4 On completion, you must remove all rubbish and items not included in the sale from the property including its garden, loft and sheds. Please tick to confirm that you are aware of this requirement. Please tick to confirm: 20.5 On completion, will you make good any damage by removal of furniture, fixtures and fittings AS IS REASONABLE 20.6 Has the property been the subject of a deed of gift or a transaction at undervalue within the last five (PLEASE DETAIL)

15 years? (i.e. has the property been gifted/sold for less than the full market value?) 20.7 Will all meters be read on completion of the sale? 20.8 Please confirm that all locks in the property have a key and that all the keys will be supplied on completion 20.9 Will any oil/lpg left at the property be included in the sale price at no extra charge? Are you aware if the property has bats or suffered from vermin infestation? Signed by the Seller(s) Date:. The aforementioned replies are believed to be correct but the accuracy is not guaranteed. Following the case of William Sindall plc v Cambridgeshire County Council (1994) AIIER 932 the Seller(s) have not taken independent steps to verify the accuracy of their replies LEASEHOLD PROPERTY SECTION Information in the seller s possession or knowledge 1 Management Company 1.1 If there is a management company which is run by the tenants please confirm the name of the management company and supply any of the following documents which are in your possession: Management Company Name: (a) Memorandum and articles of association of the company. TO FOLLOW WITH THE DEEDS N/A (b) Your share or membership certificate TO FOLLOW WITH THE DEEDS N/A (c) The company s accounts for the last 3 years. TO FOLLOW WITH THE DEEDS N/A (d) Copy of any regulations made by either the landlord or the company additional to the rules contained in the lease. TO FOLLOW WITH THE DEEDS N/A

16 (e) The names and addresses of the secretary and treasurer of the company. address: (f) Has the management company been struck off the register at Companies House? T KWN 1.2 If the tenants do not run the management company is there a tenants association? If please supply the contact name and address. Address: 2 The Landlord 2.1 What is the name and address and telephone number of your landlord? Address: 2.2 If the landlord employs a managing agent to collect the rent, what is the name and address of that agent? Address: 2.3 Please supply a receipt from the landlord for the last rent payment. TO FOLLOW 3 Maintenance Charges 3.1 Are you liable under your lease to pay a share of the maintenance cost of the building? If so, how much? If go to question Do you know of any expense (e.g. redecoration of outside or communal areas not usually incurred annually) likely to be shown in the maintenance charge accounts within the next 3 years? If please give details 3.3 Have maintenance charges been demanded for each of the last 3

17 years? 3.4 If so, please supply the maintenance accounts and receipts for these. TO FOLLOW 3.5 Do you know of any problems in the last 3 years between flat owners and the landlord or management company about maintenance charges, or the method of management? If please give details. 3.6 Have you challenged the maintenance charge or any expense in the last 3 years? If please give details 3.7 Do you know if the landlord has had any problems in collecting the maintenance charges from other flat owners? If please give details. 4 Notices A notice may be in a printed form or in the form of a letter and your buyer will wish to know if anything of this sort has been received. 4.1 Have you had a notice that the landlord wants to sell the building? TO FOLLOW 4.2 Have you had any other notice about the building, its use, its condition or its repair and maintenance? TO FOLLOW 5 Consents Are you aware of any changes in the terms of the lease or of the landlord giving any consents under the lease? (This may be a formal document, a letter or even oral.) TO FOLLOW If not in writing, please supply details

18 6 Complaints 6.1 Have you received any complaints from the landlord, any other landlord, management company or any other occupier about anything you have or have not done? If please give details. 7 Buildings insurance on the property 7.1 Are you responsible under the lease for arranging the buildings insurance on the property? 7.2 If please supply a copy of: (a) the insurance policy; and COPY TO FOLLOW (b) Receipt for the last payment of the premium. COPY TO FOLLOW 7.3 If please supply a copy of the insurance arranged by the landlord or the management company and a copy of the schedule for the current year. COPY TO FOLLOW 8 Decoration 8.1 When was the outside of the building last decorated? IN THE YEAR T KWN 8.2 When were any internal, communal parts last decorated? IN THE YEAR T KWN 8.3 When was the inside of your property last decorated? IN THE YEAR T KWN 9 Alterations 9.1 Are you aware of any alterations having been made to your property since the lease was originally granted? T KWN If please supply details 9.2 If was the landlord s consent obtained? T KWN T REQUIRED TO FOLLOW

19 10 Occupation 10.1 Are you now occupying the property as your sole or main home? 10.2 Have you occupied the property as your sole or main home (apart from usual holidays and business trips): (a) Continuously throughout the last 12 months? (b) Continuously throughout the last 3 years? (c) For periods totalling at least 3 years during the last 10 years? 11 Enfranchisement 11.1 Have you served on the landlord or any other landlord a formal notice under the enfranchisement legislation stating your desire to buy the freehold or be granted an extended lease? COPY COPY TO FOLLOW If so, please supply a copy If the property is a flat in a block, are you aware of the service of any notice under the enfranchisement legislation relating to the possible collective purchase of the freehold of the block or part of it? COPY COPY TO FOLLOW 11.3 Have you received any response to that notice? COPY COPY TO FOLLOW Reminder Copies of any relevant documents should be supplied with this form e.g. memorandum and articles of association of the company, share or membership certificate, management accounts for the last 3 years, copy of any regulations made either by the landlord or the company additional to the rules contained in the lease, name and address of the secretary and treasurer of the company, and copies of any notices served upon the seller under sections of the Landlord and Tenant Act 1987, the Leasehold Reform Act 1967 or the Leasehold Reform Housing and Urban Development Act Signature(s) Date:.