Buying a property: The legal process: Difference between revisions

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== To buy a property, you will need: ==
== Prerequisites to buy a property ==


* to be [[Legal set-up and registration|registered as a co-operative]]  
* To [[Legal set-up and registration|register as a co-operative]]
* a [[Finance-getting money for a house|business plan with cashflow projections]]
*A [[Finance-getting money for a house|business plan with cashflow projections]]
* a bank account
*A bank account
* a potential mortgage and other possible loans - you need to have spoken to some lenders and had a positive response
*
* loan stock or co-op capital to make up the rest of the purchase price and other expenses
*a potential mortgage and other possible loans - you need to have spoken to some lenders and had a positive response
* a solicitor. Either use a solicitor who specialises in co-op law, or a local solicitor you have heard is good, or find one off the internet.  You want a solicitor that specialises in conveyancing or building law, not criminal law.  It is probably a good idea to get a few quotes and go for the best. As well as price, you may also want to consider things like how experienced they are with housing co-ops, how quickly they respond to messages, how easy you find it to communicate with them, etc.
*loan stock or co-op capital to make up the rest of the purchase price and other expenses
*
*A conveyancing solicitor to help you with the legal transfer in ownership.
*An architect if your group is planning quite significant renovations.


Once you've found somewhere that works for your group (or part of your group if you are not housing everyone together), make sure you decide amongst yourselves who will talk to whom (the bank/other lenders, owners, solicitor, architect, planning department, builders, etc.) and then start the process.
Once you've found somewhere that works for your group, or part of your group who is being housed at the property (if you are not housing everyone together), make sure you decide amongst yourselves who will talk to whom (the bank/other lenders, owners, solicitor, architect, planning department, builders, etc.) and then start the process.


== Basic steps to buying a property ==
==What to look for in a property==


<div class="mw-collapsible mw-collapsed" style="overflow:auto;"> <div>Create a working cashflow model</div>
=== Energy Performance Certificate ===
<div class="mw-collapsible-content">This one starts collapsed</div></div>
Look at the Energy Performance Certificate. This should be available from whoever is selling the property, and are also free to look up online on the [https://www.gov.uk/find-energy-certificate national EPC register].  


<div class="mw-collapsible mw-collapsed" style="overflow:auto;"> <div>Get an agreement in principle for a mortgage from a bank or building society
What is an Energy Performance Certificate?
</div>
<div class="mw-collapsible-content">This one starts collapsed</div></div>


<div class="mw-collapsible mw-collapsed" style="overflow:auto;"> <div>Look for other sources of mortgage-type loans</div>
Energy Performance Certificates (EPCs) are needed whenever a property is built, sold or rented.  When you buy a property it will be provided by the vendor or estate agent and when you get a new member you must provide it to them. In Scotland, you must display the certificate somewhere in the property, e.g. in the meter cupboard or next to the boiler.
<div class="mw-collapsible-content">This one starts collapsed</div></div>


<div class="mw-collapsible mw-collapsed" style="overflow:auto;"> <div>Raise Loanstock to cover the gap of the mortgage
An EPC gives a property an energy efficiency rating from A (most efficient) to G (least efficient).  It contains:
</div>
<div class="mw-collapsible-content">This one starts collapsed</div></div>


<div class="mw-collapsible mw-collapsed" style="overflow:auto;"> <div>Look at the Energy Performance Certificate
* information about a property’s energy use and typical energy costs
</div>
* recommendations about how to reduce energy use and save money
<div class="mw-collapsible-content">This one starts collapsed</div></div>


<div class="mw-collapsible mw-collapsed" style="overflow:auto;"> <div>Find out if there are floor plans available for the building that you can go through with an architect, a building project manager, or someone else with some experience
An EPC is valid for 10 years. So, if you've recently bought your property, you can provide your members with the EPC you just got for quite a while before needing to get a new one.  You don't need to get a new EPC if you've improved your property, though you might decide that it's a good idea to do so. You also don't need to get a new one unless you're advertising for new tenants.
</div>
<div class="mw-collapsible-content">This one starts collapsed</div></div>


<div class="mw-collapsible mw-collapsed" style="overflow:auto;"> <div>Check if you will need planning permission for a change of use s</div>
www.gov.uk has a list of accredited assessors, who can assess your property and produce the certificate. They will include your EPC on the national register unless you opt out. You can be fined if you don’t get an EPC when you need one.
<div class="mw-collapsible-content">This one starts collapsed</div></div>


<div class="mw-collapsible mw-collapsed" style="overflow:auto;"> <div>Put in an offer to the owners
=== Floor plans ===
</div>
Find out if there are floor plans available for the building that you can go through with an architect, a building project manager, or someone else with some experience. Things you might want to look out for are - the size of the rooms and whether proposed bedrooms meet local and national space standards, the number of steps in your property, size of shared areas in the house etc.
<div class="mw-collapsible-content">This one starts collapsed</div></div>


<div class="mw-collapsible mw-collapsed" style="overflow:auto;"> <div>If the owners are responding positively, and you think the purchase could potentially go ahead, get a building survey and valuation.
=== Planning: Use Class ===
</div>
Check what the building’s ‘use class’ is, and if you will need planning permission for a ‘change of use’, by looking at the [https://www.planningportal.co.uk/permission/common-projects/change-of-use/planning-permission national Planning Portal].
<div class="mw-collapsible-content">This one starts collapsed</div></div>


<div class="mw-collapsible mw-collapsed" style="overflow:auto;"> <div>If the building would need work before you can move in, work out if this is affordable</div>
Talk to your local planning department to see whether they would be open to a ‘change of use’. A planning application may take a long time to come through, but you shouldn’t risk completing the purchase until you have the permission.
<div class="mw-collapsible-content">go through the surveyors report with someone who has some idea of building works. Start getting quotes for the works needed (e.g. Replace all front windows, with wooden frames and sealed units – quote from joiners and glaziers; Rewire throughout – quote from electricians; Painting and decorating – done by ourselves – estimate of costs of materials).  It will very useful to draw up a works schedule, with a list of jobs in order, listing how long each job will take. This will help you estimate how much time will pass between buying the property, and getting it ready to move in. You need to know this to plan cash flow through the first year. You may need to employ an architect if alterations are substantial, if so you will need to factor their fees into the business plan. Some mortgage lenders will require you to make a plan of these works.
</div></div>


<div class="mw-collapsible mw-collapsed" style="overflow:auto;"> <div>Submit the reports along with your business plan to the bank (and any other organisations you want to borrow money from) and arrange to talk to them.
What is a use class?
</div>
 
<div class="mw-collapsible-content">This one starts collapsed</div></div>
All buildings in the UK are categorised by ‘use class’ ranging from B-F or sui generis (meaning ‘anything else’), for example, residential buildings are either C1, C2, C3 or C4. Generally, if it is proposed to change from one use class to another, you will need planning permission. Housing co-operatives are sometimes counted as ‘residential’ (C3), but if there are over 6 tenants then ‘sui generis’ might be more applicable.This varies depending on the location, size and type of building. Every local authority in the UK has its own planning application system so it is a good idea to speak to your local council’s planning department.  
 
== Negotiate and Survey the Property ==
here
 
== Legal Transfer of property ownership to the coop ==
this

Revision as of 23:24, 13 August 2022

Prerequisites to buy a property

  • To register as a co-operative
  • A business plan with cashflow projections
  • A bank account
  • a potential mortgage and other possible loans - you need to have spoken to some lenders and had a positive response
  • loan stock or co-op capital to make up the rest of the purchase price and other expenses
  • A conveyancing solicitor to help you with the legal transfer in ownership.
  • An architect if your group is planning quite significant renovations.

Once you've found somewhere that works for your group, or part of your group who is being housed at the property (if you are not housing everyone together), make sure you decide amongst yourselves who will talk to whom (the bank/other lenders, owners, solicitor, architect, planning department, builders, etc.) and then start the process.

What to look for in a property

Energy Performance Certificate

Look at the Energy Performance Certificate. This should be available from whoever is selling the property, and are also free to look up online on the national EPC register.  

What is an Energy Performance Certificate?

Energy Performance Certificates (EPCs) are needed whenever a property is built, sold or rented.  When you buy a property it will be provided by the vendor or estate agent and when you get a new member you must provide it to them. In Scotland, you must display the certificate somewhere in the property, e.g. in the meter cupboard or next to the boiler.

An EPC gives a property an energy efficiency rating from A (most efficient) to G (least efficient).  It contains:

  • information about a property’s energy use and typical energy costs
  • recommendations about how to reduce energy use and save money

An EPC is valid for 10 years. So, if you've recently bought your property, you can provide your members with the EPC you just got for quite a while before needing to get a new one.  You don't need to get a new EPC if you've improved your property, though you might decide that it's a good idea to do so. You also don't need to get a new one unless you're advertising for new tenants.

www.gov.uk has a list of accredited assessors, who can assess your property and produce the certificate. They will include your EPC on the national register unless you opt out. You can be fined if you don’t get an EPC when you need one.

Floor plans

Find out if there are floor plans available for the building that you can go through with an architect, a building project manager, or someone else with some experience. Things you might want to look out for are - the size of the rooms and whether proposed bedrooms meet local and national space standards, the number of steps in your property, size of shared areas in the house etc.

Planning: Use Class

Check what the building’s ‘use class’ is, and if you will need planning permission for a ‘change of use’, by looking at the national Planning Portal.

Talk to your local planning department to see whether they would be open to a ‘change of use’. A planning application may take a long time to come through, but you shouldn’t risk completing the purchase until you have the permission.

What is a use class?

All buildings in the UK are categorised by ‘use class’ ranging from B-F or sui generis (meaning ‘anything else’), for example, residential buildings are either C1, C2, C3 or C4. Generally, if it is proposed to change from one use class to another, you will need planning permission. Housing co-operatives are sometimes counted as ‘residential’ (C3), but if there are over 6 tenants then ‘sui generis’ might be more applicable.This varies depending on the location, size and type of building. Every local authority in the UK has its own planning application system so it is a good idea to speak to your local council’s planning department.

Negotiate and Survey the Property

here

Legal Transfer of property ownership to the coop

this