Common use of Planning Permission Clause in Contracts

Planning Permission. In addition to the Part 1 requirements, you must be satisfied that the Property has complied with all pre-commencement and pre-occupation planning conditions set out within any planning permission decision notice or planning agreement affecting the Property. Building Regulations You must ensure that the Property complies with Part 1 and: the Building Regulations standards for the Property either prescribed by the relevant Local Planning Authority or set out within the Building Regulations Approved Inspector's Initial Notice; and (Unless the Property is an Exempt Flat) The 2013 energy efficiency requirements of Building Regulations (Part L). EPC You must obtain the latest version of an Energy Performance Certificate (EPC) from the Builder. You must also check the EPC whether this evidences compliance with the 2013 energy efficiency requirements of Building Regulations (Part L). Leasehold Houses You must ensure that any Property that is a house will be transferred on freehold terms only and immediately report to [Local Authority] if this is not the case. Ground Rent (Where the Property is leasehold and not prohibited as a leasehold house) you must ensure that any ground rent charged by the Builder does not exceed a peppercorn. Estate Rent Charge Enforcement Where the Property is subject to an estate rent charge you must ensure that the Property transfer deed contains a covenant on the part of the Builder (or such other third party who has the benefit of the estate rent charge): Not to enforce its powers under Section 121 Law of Property Act 1925 or prescribe any such other express terms of enforcement within the transfer deed enabling re-entry, the granting of a lease or repossession of the Property; and Not to assign/sell or transfer the estate rent charge unless such assignee or transferee has entered into a deed of covenant with the Purchaser to comply with the above covenant. First Homes Builder plot sale contract Ensure that the Builder’s plot sale contract contains the First Homes plot sale provisions as set out in Schedule 3 and does not contain any provisions which conflict with or vary the First Homes plot sale provisions as set out in Schedule 3. If the First Homes plot sale provisions as set out in Schedule 3 are not included within the Builder’s plot sale contract (or have been varied or conflicted) you must immediately notify [Local Authority] and must not exchange contracts unless: the First Homes plot sale provisions as set out in Schedule 3 are included within the Builder’s sale contract; and you are in receipt of a valid Authority to Exchange. Incentives Same as Part 1 UK Finance Handbook. Additionally, the completed UK Finance Disclosure of incentives Form must be sent to [Local Authority]. You are also required to detail any incentives within your Solicitors’ Undertaking, which you are required to send to [Local Authority]. If you have any concern as to whether or not any Incentives should be reported, you should contact [Local Authority]. Additionally, incentives offered under the following circumstances are not acceptable: Any incentives that distort the Market Value so that if they were not offered the market value of the Property would be affected; The total value of the incentives being offered exceed 5% of the First Homes Purchase Price;