CON 29 Local Enquiries

Changes from 1st August 2007

From 1 August 2007 the CON 29 forms of standard and optional enquiries of local authority last updated in 2002 will be replaced by two new forms:

CON 29R Enquiries of local authority (2007); and
CON 29O Optional enquiries of local authority (2007)

Any 2002 editions of the CON 29 forms submitted to LAs may be rejected from 1 August 2007.

The forms have been updated to reflect various changes to the law, including building regulations, commons registration, and the phased introduction of Home Information Packs.

From 1 August a Home Information Pack (HIP) must be available for houses marketed as having four or more bedrooms. A HIP is comprised of ‘Required’ and ‘Authorised’ documents and information. Replies to ‘local enquiries’ (CON29R) are ‘Required’ information. The text of these ‘local enquiries’ is prescribed by the Home Information Pack (No.2) Regulations 2007, Schedule 7, Part 2. Replies to CON 29O Optional enquiries of local authority (2007) are authorised for inclusion in a HIP.

Form CON 29R, which replaces form CON 29 Standard enquiries of local authority (2002), reflects the enquiries contained in the HIPs Regulations 2007. Page 1 of the form includes space in Box E for the person making the enquiry to enter the names of those who are involved in the sale. This will enable LAs to make replies that comply with the Home Information Pack (No.2) Regulations 2007. The names requested are those of the:

Vendor
Estate agent
HIP provider
Solicitor/Conveyancer

Replies to these enquiries by LAs must be made in a way that complies with Schedules 6 and 7 of the Home Information Pack (No.2) Regulations 2007 (SI 2007 No.1667).

The new form CON 29R should be used from 1 August 2007 whether or not enquiries of local authority are made for the purposes of including the replies in a Home Information Pack. However, it will only be appropriate for those making enquiries to complete BOX E if they intend to include the replies in a Home Information Pack.

The Government has announced its intention to phase in the duties to provide a Home Information Pack for other properties by making further commencement orders for 3 bedroom and smaller properties in the future.

Form CON 29O replaces CON 29 Optional enquiries of local authority (2002) and includes the enquiries which until now have been made using Form CR 21. Form CR21 may continue to be used and accepted for a transitional period until 1 October 2007.

Forms CON 29R and CON 29O are available under license from the Law Society in paper and electronic format from legal stationers such as: Oyez Straker, Laserform, Peapod, LexisNexis, and Shaw & Sons.

Guidance notes on the enquiries and the replies and informatives are currently in preparation. The table below illustrates the changes in working practices and relevant dates:

Local Authorities	Solicitors	Replies
From 1 August all LAs will implement both of the new 2007 edition forms:	Solicitors should submit the new 2007 forms to authorities from 1 August 2007.	From 1 August 2007, LAs will issue replies to the enquiries contained in forms:
CON 29R Enquiries of local authority (2007); and	Completion of Box E will indicate that the replies to the enquiries are Required for inclusion in a HIP.	CON 29R Enquiries of local authority (2007); and:
CON 29O Optional enquiries of local authority (2007).		CON 29R Enquiries of local authority (2007); and:
If information is entered into Box E of CON 29R, the LA must reply with the relevant compliance statement.		CON 29O Optional enquiries of local authority (2007).
There will be a transitional period for Enquiry 22 of CON 290 on Common land, town and village greens will operate alongside the existing search using Form CR 21 until regulations are made to abolish Form CR 21.