I have been advised by my lawyer that lack of planning permission insurance is necessary on my purchase. What is the typical level of cover needed for conveyancing in Newington?

The right level of lack of planning permission indemnity insurance should be dictated by who your lender. It would differ for example between HSBC Bank and Barnsley Building Society. Conveyancing practitioners as opposed to members of the public take out such insurances.

Is it the case that all Newington solicitor firms on the RBS conveyancing panel are overseen by the SRA?

As solicitors, in order to be on the RBS conveyancing panel they would need to be regulated by the Solicitors Regulatory Authority. Some banks do permit licenced conveyancers on their panel and in that case the firms would be regulated by the Council of Licensed Conveyancers.

I can not fathom if my bank requires a lease extension. I have called into my local Newington building society branch on a couple of occasions and was informed it wasn't an issue and they will lend. My Newington conveyancing solicitor - who is on the mortgage company conveyancing panel- called and was told they refuse to lend based on their published requirements. Who do I believe?

Your property lawyer has to follow the CML Handbook section two provisions for your bank. Unless your lawyer obtains specific confirmation in writing that the bank will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the bank to contact your lawyer in writing confirming that they will accept the number of years remaining.

We are buying a house and the lawyer has referenced Chancel Repair to which the house may be liable given it’s proximity to the area of such a church. He has mentioned insurance. Is this strictly necessary for conveyancing in Newington

Unless a prior purchase of the premises completed after 12 October 2013 you may take it that solicitors delivering conveyancing in Newington to remain recommending a chancel search and or chancel repair liability insurance.

Are there restrictive covenants that are commonly identified as part of conveyancing in Newington?

Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the legal transfer of property in Newington. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’

How does conveyancing in Newington differ for newly converted properties?

Most buyers of new build or newly converted property in Newington come to us having been asked by the developer to exchange contracts and commit to the purchase even before the property is finished. This is because builders in Newington typically purchase the site, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancers as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are used to new build conveyancing in Newington or who has acted in the same development.

What are your top tips when it comes to finding a Newington conveyancing firm to deal with our lease extension?

If you are instructing a solicitor for lease extension works (regardless if they are a Newington conveyancing practice) it is imperative that he or she should be familiar with the legislation and specialises in this area of conveyancing. We recommend that you make enquires with two or three firms including non Newington conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. The following questions could be of use:

If they are not ALEP accredited then why not?

I have tried to negotiate informally with with my landlord for a lease extension without any joy. Can the Leasehold Valuation Tribunal decide on such matters? Can you recommend a Newington conveyancing firm to help?

if there is a missing freeholder or where there is disagreement about the premium for a lease extension, under the Leasehold Reform, Housing and Urban Development Act 1993 it is possible to make an application to the LVT to assess the sum to be paid.

An example of a Freehold Enfranchisement case for a Newington property is 1-41 Royal Tower Lodge 40 Cartwright Street in April 2013. the tribunal adding the agreed value of capitalised ground rents and the reversion the price to be paid for the freehold was £1,187,000 This case related to 41 flats. The unexpired term as at the valuation date was 107 years.