Example Pre-Contract Enquiries

The purpose of this chapter is to offer some useful wording for pre-contract enquiries which might need to be raised in respect of some of the more common issues not covered by the Sellers Property Information Form, Sellers Leasehold Information Form or by standard searches. 

Building Regulations

Where replacement windows have been fitted

"Please advise when the replacement windows were fitted. If after 31st March 2002 please supply a copy of the requisite FENSA certificate together with a copy of the 10 year guarantee"

Electrical works

"Please advise whether any electrical works have been carried out to the property since 31st December 2004. If so please supply a copy of the necessary Part P certificate"

Note :- this enquiry should be raised in all cases as the Sellers Property Information Form has yet to be updated to incorporate it

Drainage & Water

Where the property is served by a septic tank 

"In relation to the septic tank please let us have replies to the following:-

a) Please mark the location of the tank on a copy of the filed plan

b) Unless the tank is within the boundary of the property please provide evidence of the necessary rights of drainage and access for repair

c) With how many properties is the tank shared?

d) Unless the tank exclusively serves this property, what arrangements are in place with respect to maintenance, repair and emptying costs?

e) How often should the tank be emptied?

f) When was it last emptied and what was the cost?

g) Please provide details of the company usually employed to empty the tank

h) When was it last serviced/inspected?

i) So far as the seller is aware, are there any outstanding items of repair or maintenance in respect of the tank?"

Where the property is connected to a private sewage treatment plant or cesspool

"In relation to the sewage treatment plant please let us have replies to the following:-

a) Please mark the location of the plant on a copy of the filed plan

b) Unless the plant is within the boundary of the property please provide evidence of the necessary rights of drainage and access for repair

c) With how many properties is the plant shared?

d) Unless the plant exclusively serves this property, what arrangements are in place with respect to maintenance, repair and emptying costs?

e) When was it last serviced/inspected?

f) So far as the seller is aware, are there any outstanding items of repair or maintenance in respect of the plant?

g) Please provide a copy of the Environment Agency's Consent to Discharge"

Environmental Searches

Where an environmental search has returned a failed result

"We have carried out an environmental search which has produced a Failed result. Please therefore let us have replies to the following:-

1. Is the seller aware of any activity either during or prior to his ownership which may have caused the land to become contaminated?

2. Is the seller aware of any remedial work having been carried out in order to decontaminate the land? Is any such work planned?

3. Has the seller or, so far as he is aware, any predecessor in title, received any complaint, whether formal or informal, from any person or body in respect of any contamination affecting the land?

4. Has the seller received, or is the seller aware of, any notices served by the local authority or any other public body in respect of contamination or potential contamination of the land?

5. If there are any then please supply copies of any documents either which the seller has or which are with the deeds regarding any remedial works which have been carried out to the property in respect of contamination"