With Olympic and Paralympic fever creating a British summer which will long be remembered, the government are determined to build upon the goodwill and stimulate the economy with a proposed relaxation of planning rules.

Along with the proposal for the planning rules for domestic extensions and businesses to be relaxed, plans have also been introduced which might enable developers and national house builders to develop sites without the obligation of creating affordable housing. This proposal will work on the proviso that the developer can prove that the development of affordable housing might make the site commercially unviable.

The thinking behind this proposal is simple. The government is working on the premise that the easier it is for people to extend their homes, the more likely they are to do so. It is hoped this will create a welcome boost to the construction trade, which will inevitably lead to more jobs, an increased spend on materials to furnish these extensions and an additional tax income through the extra VAT.

In theory the proposals sound foolproof, but Mark Hobbs, a senior partner in the residential conveyancing department of Howells Solicitors, believes that despite the existence of much bureaucracy and red tape at present, the changes will only spark a moderate level of activity.

Mr Hobbs, said: “Generally speaking, full planning permission is required for extensions which are more than three metres from the rear wall of any property or four metres if the property is detached. The intention is for these limits to be doubled.

“Although this will doubtless be a big help to some people, from a legal perspective the area still remains a complicated one. All too often the residential conveyancing team here at Howells has to deal with problems which arise when a property is sold and all of the relevant permissions are not in place. Aside from that the need for building regulation approval will remain as well as the requirement for all electrical and gas installations to be up to relevant standards.”

There is also concern amongst residential conveyancing solicitors that the new proposals could result in an increase of disputes with neighbours, as the legislation which dictates how close to a neighbour’s boundaries a property can be developed is not likely to change. The advice from Howells is that it is always sensible and courteous to discuss any developments you wish to carry out with your neighbours first.

If the government’s proposals get the go-ahead then the advice from the residential conveyancing solicitors here at Howells, is to seek professional advice before embarking on any alterations to your home. A little time and money spent at the beginning of such a transaction can reap significant rewards in the long term.

Taken from our interview in an article in Wales Homes on Saturday 4th August 2011...

An announcement made this week will be music to the ears of prospective homebuyers, who stand to make an average saving of 10% as result of a reduction in Land Registry fees.

The cut in the cost of fees, which will take effect from October 22, means Land Registry fees when purchasing an averaged priced property costing £161,777, will fall from £218 to £204.

A Land Registry spokesman has announced that a reduction in the fees they are required to pay has allowed them to pass on savings to homebuyers.

He said: “We are lowering scale and fixed fees for applications relating to every statutory service. The alteration aims to ensure the Land Registry becomes a smaller, leaner, flexible, customer focused and sustainable organisation that is needed to deliver our objectives in a changing market.”

Mark Hobbs, managing partner and conveyancing solicitor at Cardiff-based Howells Solicitors, has responded enthusiastically to the news: “This is positive news for house purchasers. While the average saving may not be large, anything that reduces the cost involved of purchasing a property is helpful in the current climate. It would be great news if the Government considered reintroducing a period of stamp duty suspension for first-time buyers as well.”

A fee currently has to be paid on the purchase of any property in the UK, as the property transaction has to be registered at HM Land Registry. The fee charged for this service is determined on a sliding scale based upon the property’s value. Once the purchase has been registered you can then expect to receive a copy of the register from your solicitor or conveyancer as evidence that the transaction has been properly registered.

For further information on this or any other matter relating to the purchase of a property, please do not hesitate to contact our expert legal team. For expert conveyancing, South Wales based Howells Solicitors are on hand. Call 0808 178 2773 today.

Buying a property and getting married are two of the major landmarks for couples as they progress through their lives. With the average age that couples are marrying on the rise, more and more people are jointly buying a property as unmarried partners. It is also becoming more common that individuals are contributing unequal deposits towards the property.

Laith Khatib, one of the leading solicitors here at Howells, says that some parties will often receive financial assistance from parents, which can lead to unequal contributions towards the property.

In the unfortunate event that an unmarried couple splits, each party is entitled to walk away with their own assets. This is of course unlike the separation of a married couple, where the division of jointly owned assets is dealt with according to divorce proceedings.

Mr Khatib, said: “If there is a disagreement, it is possible to ask a court to determine their rights, but that will be time-consuming, costly and stressful. The outcome of court proceedings will depend upon the unique facts of a particular case. However, the starting point for a court is always: where there is joint ownership, in the absence of clear evidence to the contrary, there is a presumption of equality.

“Consequently, if there is no evidence of an agreement to own the property in unequal shares, the partner who contributes the most may ultimately lose out. Similarly, half of any contribution made by a parent may end up with their child’s ex-partner.”

The advice the professionals at Howells give to unmarried couples buying a property with unequal contributions is to enter into a declaration of trust. A declaration of trust allows individuals to set out their respective shares in the property and to protect their own interests, as well as those of their parents. Such a provision should be put in place prior to the property being purchased, although it may be possible to do so after the event.

Mr Khatib added: “It is also a good idea to use a declaration of trust as an intention of equal ownership in the event of unequal contributions towards the purchase. With such an agreement in place, if the relationship were to break down then equal ownership would be honoured, irrespective of which party has made a bigger contribution.

“Also, if the party making the larger contribution dies or becomes incapable, those dealing with his/her estate will be bound by the declaration.”

To view the article please click here WHO cover July 28 2012.pdf (2.36 mb)

If you have found this article of interest and are yourself in a situation where you are contributing unequally to a property you are buying with an unmarried partner, call Mr Khatib at Howells Solicitors for a free initial consultation. Call 029 2040 4034 today.

Most prospective new home owners who are in a position to purchase property for more than £125,000.00 will know that the single largest expenditure they will incur is Stamp Duty Land Tax.

For some home buyers there is therefore a temptation to try and reduce the extent of the tax. One of the main Stamp Duty avoidance tricks is to try paying for fixtures and fittings separately. In so doing however extreme caution should be exercised as the transaction could be challenged by HM Revenue and Customs who are keen to get their hands on all of the monies that the Revenue is entitled to! More...

The team at Howells Solicitors is very pleased to announce that we have secured membership to the Law Society's Conveyancing Quality Scheme - the mark of excellence for the home buying process.

Howells underwent rigorous assessment by the Law Society in order to secure CQS status, which marks us out as offering high levels of service in the residential conveyancing process.

Law Society President John Wotton said that the Law Society introduced CQS to promote high standards in the home buying process.

“CQS improves efficiency with common, consistent standards and service levels and enables consumers to recognise practices that provide a quality residential conveyancing service.

"Buying a home is one of the largest purchases anyone will make in their lifetime, so it is essential that it is done to the highest standard by a solicitor. There are many different conveyancing service providers out there, making it difficult for home buyers to identify those which can ensure a safe and efficient level of service.”

Mark Hobbs, an Equity Partner at Howells Solicitors, says: “Here at Howells we are delighted to have secured CQS status. It is recognition of the high standards we provide to our residential property clients and is a signal to future home buyers of the excellent service level we provide at what is often a stressful time for many people.

“The overall beneficiaries will be clients who use Howells when buying a home. They will receive a reliable, efficient service as recognised by the CQS standard."

The scheme requires practices to undergo a strict assessment, compulsory training, self reporting, random audits and annual reviews in order to maintain CQS status. It is open only to members of the Law Society who meet the demanding standards set by the scheme and has the support of the Council of Mortgage Lenders, the Building Societies Association, Legal Ombudsman and the Association of British Insurers.