What Is A Smoke Control Order?
Posted on 2nd June 2020
Our Preston property solicitors understand that you will have all kinds of ideas about your new property, however, in this week’s blog, we discuss why smoke control orders may need to be one of them.
What is a smoke control order?
Open fires and wood burning stoves have, in recent years, become an attracting factor in many property purchases. This has, however, not done levels of air pollution and clean air any favours. In attempts to reduce air pollution, and reduce the release of harmful substances, such as carbon monoxide, into the atmosphere, smoke control orders are often imposed and currently affect many parts of the UK.
Smoke control orders require, in many cases, that only smokeless fuels are used, in order to reduce the risks posed to our health, and to the environment.
There are, of course, some exceptions to the rules which allow substances such as gas and low volatile steam coal to be used, and for exempt appliances to be handled without issue. For more information on the exemptions to such orders, here.
So, we know what smoke control orders are, but where can they be found?
Where will I find out if the property is subject to a smoke control order?
Local Authority Search
The conveyancing searches, carried out by your Preston property solicitor, will advise whether the property is located in an area that is subject to such order. The conveyancing searches provide extremely important information, that can assist your conveyance. See our blog on the importance of conveyancing searches, here.
Smoke control orders are registered as local land charges, against properties located in effected areas. Local land charges are in place to restrict, or prohibit, the use of the land such charge is imposed against. The same are legally binding on the registered proprietor of the property, but also their successors in title. For more information on local land charges, see gov.uk. As you can see, it is important that such orders are, therefore, complied with, to avoid enforcement action.
Your conveyancing solicitor, upon review of your search results, would be looking to whether any local land charges are in place, and whether the same includes a smoke control order, in order to appropriately advise you on the implications.
You can contact the local council, whom will be able to advise whether such order is in place over the property and, if so, what your obligations are. The local council hold records pertaining to the land they serve, therefore, they will be able to advise in this respect.
Title to the Property
This would be a less common form of determining whether your property is subject to a smoke control order, however, nevertheless, the same may still be of use. The title deeds and documents, in some instances, can make reference to restrictive covenants registered against the property in this regard. The same may restrict smoke being emitted, by way of a restrictive covenant. Whilst the covenants may not give specific rise to a smoke control order, the two may come hand-in-hand which would prompt further investigation by your conveyancing solicitor. See our Preston solicitors’ blog, for more information on restrictive covenants, and their importance, here.
The GOV.uk website provides guidance on smoke control orders, inclusive of the requirements in complying with them, but also how to locate them. See more, here.
What do I need to do if the property is subject to a smoke control order?
Other than comply with the rules on smoke control orders, there is little action that needs to be taken. You must comply with the order to avoid any potential enforcement action which can, in some cases, result in fines of up to £1,000.00.
Guidance on how to comply with smoke control orders can be found, here.
So, if you are purchasing a property, do not be unduly concerned if the same is subject to a smoke control order. Our Preston solicitors are on hand to advise you not only what this means, but also what your obligations are, in such respect. If you need advice, our expert team of property solicitors are on hand to assist you, contact us today, at firstname.lastname@example.org.
Alternatively, if you have any other conveyancing query, submit an online enquiry today, here, where our local solicitors can guide you.
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