Halton Kelly - Glossary of useful terms

Use the glossary below to provide you with further information about some of the terms you may hear during the home moving process.

It doesn't matter if you are buying or selling a home - these well used terms and their meaning may come in handy along the way.

Affordable Housing - low cost housing for sale or rent, often from a housing association, to meet the needs of local people who cannot afford accommodation through the open or low cost market, or subsidised housing.

Agricultural Dwelling - a dwelling which is subject to a condition or legal agreement that it shall only be occupied by someone who is employed or was last employed solely or mainly in agriculture, forestry or other appropriate rural employment.

Ancillary Use - a subsidiary use connected to the main use of a building or piece of land.

Area of Outstanding Natural Beauty - area designated by the Countryside Agency or the Countryside Council for Wales where the primary purpose is the conservation and enhancement of natural beauty including flora, fauna, geology and landscape.

Back-land - land which is behind existing development with no, or very limited, road frontage.

BPEO (Best Possible Environmental Option) - The option that provides the most benefits or the least damage for the environment, as a whole, at acceptable cost, in the long term as well as the short term. (defined in the 12th report of the Royal Commission on Environmental Pollution)

Betterment - the amount by which the value of land is increased by development or by the grant of planning permission, or because of the development of neighbouring land.

Bio-diversity - a measure of the number and range of species and their relative abundance in a community.

Bio-diversity Action Plan - the means by which the UK government commitment to the Convention on Biological Diversity at Rio de Janeiro (1992) is to be met.

Bridging Loan - temporary finance 'bridging' the period between completion on the purchase of a property and the sale of an existing property, funds from which are intended to finance/part finance the new purchase.

Brown-field Site - land which has been previously developed, excluding mineral workings or other temporary uses.

Building Preservation Order - a notice under Section 3 of the Planning ( Listed Buildings and Conservation Areas) Act 1990 to protect buildings of special architectural or historic interest from demolition or alterations that would affect their interest.

Cadw - government agency supporting the preservation, conservation, enhancement, interpretation and appreciation of historic buildings and monuments in Wales.

Change of Use - more correctly referred to as a 'material change of use'. A change in the use of land or buildings that is of significance for planning purposes, often requiring planning permission.

Charge - a mortgage deed which lenders (building societies, banks etc) require borrowers to sign. It is registered against the property until the loan is repaid and the charge is removed.

Charge Certificate - an official document issued by the Land Registry to the owner of a registered charge as proof of ownership. It includes a copy of the register and the original charge.

Chief Rent - an annual charge on freehold property found in certain parts of Britain. The chief rent is payable by the freeholder in perpetuity although the amount cannot be increased.

Commission - fee paid to your estate agent, usually following exchange of contracts.

Community Forests - A joint initiative between the Countryside Agency and the Forestry Commission to promote the creation, regeneration of well-wooded landscapes around major towns and cities.

Completion - the date when the purchaser and vendor complete the sale of land or property. The purchaser pays the balance of the purchase price and the vendor gives possession to the purchaser.

Compulsory Purchase Orders (CPOs) - notice issued by the government or a local authority to acquire land or buildings for public interest purposes.

Conservation Area - an area given statutory protection under the Planning Acts, in order to preserve and enhance its character and townscape.

Conservation Area Consent - consent required from the local planning authority before demolishing an unlisted building in a conservation area.

Contaminated Land - land which has been polluted or harmed in some way rendering it unfit for safe development and most practical uses.

Contract - the formal document which details all the terms of sale. The contract is prepared by the vendor's solicitor and a copy is sent to the purchaser.

Controlled Parking Zone (CPZ) - an area in which all kerbside space is controlled by either waiting or loading restrictions or by designated parking spaces.

Conversions - the sub-division of residential properties into bedsits, self-contained flats or maisonettes.

Conveyance - a deed which transfers freehold land which is unregistered.

Conveyancing - name given to the legal procedure required to transfer ownership of a property from one party to another.

Countryside Agency - organisation responsible for advising government and taking action on issues affecting the social, economic and environmental well-being of the English countryside.

Deed - the legal documents relating to property. These will include all matters which relate to the property since it was built.

Derelict Land - Land so damaged by industrial or other development that it is incapable of beneficial use without treatment.

Development - the carrying out of building, engineering, mining or other operations in, on, over or under land, or the making of any material change in the use of any buildings or land.

Development Area - a priority area for environmental, social or economic regeneration or a combination of these.

Development Brief - document providing detailed information to guide developers on the type of development, design and layout constraints and other requirements for a particular, usually substantial, site.

Development Control - the process whereby a local planning authority decides whether a planning application meets the requirements of planning policy, particularly as set out in development plans.

Development Plan - document (a structure or local plan) that sets out in writing and/or in maps and diagrams a local planning authority's policies and proposals for the development and use of land and buildings in the authority's area.

Draft Transfer - a legal document issued by the vendor's solicitor to the purchaser's solicitor setting out the terms and conditions of sale.

Easement - right of access for a particular purpose, granted to someone who is not the owner of the land in question.

Edwardian - property built between approximately 1901 -1910.

Elizabethan - property built between approximately 1560 -1603.

Enforcement Notice - notice requiring the discontinuance of an unauthorised use and/or the removal of buildings, including restoration of land, where development has been begun without permission or in breach of a condition.

English Heritage ( Historic Buildings and Monuments Commission for England) - a national body funded by the government to promote and give advice on building conservation matters.

English Nature - a national body funded by the government to promote and give advice on the conservation of England's wildlife and natural features.

Engrossment - when the draft deeds to a property are approved they are engrossed for the vendor and purchaser to sign.

Environmental Appraisal - the process of weighing all the policies in a development plan for their global, national and local implications.

Environmental Impact Assessment (EIA) - under the Town and Country Planning (Assessment of Environmental Effects) Regulations 1988, proposers of certain scheduled developments are required to submit a planning application with an accompanying environmental statement, evaluating the likely environmental impacts of the development, together with an assessment of how the severity of the impacts could be reduced.

Equity - the difference between what is owed by way of mortgage on a property and the value of the property.

Established use - a use which does not conform to a plan but against which enforcement proceedings cannot be taken, often because of the length of time a use has been in operation.

Established Use Certificate - these were issued by a planning authority before July 1992 where it could be shown that a use of land or buildings had existed since before 1964. It gave immunity from enforcement action. Since July 1992 these have been replaced by Lawful Development Certificates.

Exchange of Contracts - point at which vendor and purchaser exchange binding contracts with the payment of a deposit, at the same time agreeing to a completion date.

Fixtures and Fittings - non removable items within the property. These are items that permanently fixed in position. e.g. the bath, toilet, light fittings, doors and radiators.

Freehold - legal ownership of land. A freehold interest in property means absolute ownership, although technically all land is held from the Crown.

Gazumping - popular term for the situation whereby a vendor has accepted an offer but subsequently goes on to accept a higher one from a different purchaser.

Georgian - property built between approximately 1714 -1800.

Green Belt - specially designated area of countryside protected from most forms of development in order to stop urban sprawl and the coalescence of settlements, preserve the character of existing settlements and encourage development to locate within existing built-up areas.

Green-field Site - an area not previously used for built development.

Ground Rent - rent paid to the owner of freehold land by a person who has a Lease.

Guarantor - someone who guarantees an obligation of another.

Habitable Room - all living rooms and bedrooms, but not kitchens, bathrooms, WCs or circulation space, are normally regarded as habitable for the purposes of density calculations.

Hectare - a metric measurement of an area of land equivalent to 2.47 acres. An acre contains 4840 square yards.

Infrastructure - permanent resources serving society's needs, including roads, sewers, schools, hospitals, railways, communication networks etc.

Integrated Transport Strategy - the integration of land-use and transportation planning to allow transport provision and the demand for travel to be planned and managed together, balancing the use of different modes of transport to encourage easy transfer between them and reduced reliance on the private car.

Landlord - the owner of a property being let to a tenant.

Land Certificate - land document issued by the Land Registry to the owner of registered land as proof of ownership. It includes a copy of the register and the plan showing the extent of the land.

Land Compensation - concerns the assessment of compensation where land, or some other interest in land, is being acquired, either compulsorily, or by agreement, by an authority possessing compulsory purchase powers.

Land Registry - the Land Registry is a Government agency responsible for the registration of title to land. Registration enables the sale of land and property to take place without the laborious and expensive exercise of checking through title deeds.

Land Search - a formal application for an inspection of the Land Registry register. A certificate is issued showing the current situation of the land in question.

Lessor - person responsible for granting a lease - normally the landlord.

Listed Building - building or other structure of special architectural or historic interest included on a statutory list and assigned a grade (I, II* or II).

Listed Building Consent - a permission required for the alteration or demolition of a listed building.

Local Nature Reserve (LNR) - area designated under the National Parks and Access to the Countryside Act 1949 as being of particular importance to nature conservation and where public understanding of nature conservation issues is encouraged.

Local Plan - statutory development plan prepared by a local planning authority setting out detailed policies for environmental protection and development.

Local Planning Authority - the local authority or council that is empowered by law to exercise planning functions. This is normally the local borough or district council, but in National Parks and some other areas there is a different arrangement.

Local Search - a questionnaire sent to a local Authority by a purchaser's solicitor to verify whether a property is affected by planning proposals, tree preservation orders, etc.

Metropolitan - constituting a large urban area, usually including a city, its suburbs and outlying areas.

Mortgage Offer - a formal offer of mortgage issued by a building society, bank or other lender once the usual formalities such as references and valuation have been carried out.

Mortgagee - a lender of money, to be secured on the property in question

Mortgage Indemnity - in cases where applicants require a mortgage which exceeds the lender's normal limits they may require the applicant to take out a mortgage indemnity policy with an insurance company for the difference.

Mortgagor - the borrower, upon whose property the loan is secured.

National Assembly for Wales - Government body in Wales that debates and approves legislation and holds the Welsh Assembly Government to account.

National Nature Reserve - area designated by English Nature to protect and conserve nationally important areas of wildlife habitat and geological formations and to promote scientific research; in Wales it is an SSSI that the Countryside Council for Wales (CCW) has designated of national or international importance for nature conservation. (Note: on the CCW website I noticed that they also refer to National Nature Reserves, as well as SSSIs)

National Park - tract of predominantly open and attractive countryside designated under the National Parks and Access to the Countryside Act 1949 with its own administration and management role and function as a local planning authority.

Nature Conservation - the preservation, management and enhancement of natural plant and animal communities, and occasionally modified vegetation, as representative samples of their kind.

New Town - free-standing new settlement designated and planned under the New Towns Act 1946 and subsequent legislation.

Office Copies Entries - a Land Registry term for copies of registers and plans, they are officially marked "office copy" and are legally recognised.

Out-of-town - an out-of-centre development on a green-field site or on land not clearly within the current urban boundary.

Parks and Gardens of Special Historic Interest (GSHI) - parks and gardens containing historic features dating from 1939 or earlier and registered by English Heritage in three grades as with historic buildings.

Permitted Development Rights - rights to carry out certain limited forms of development without the need to make an application for planning permission, as granted under the terms of the Town and Country Planning (General Permitted Development) Order 1995.

Planning Obligations and Agreements - legal agreements between a planning authority and a developer, or offered unilaterally by a developer, ensuring that certain extra works related to a development are undertaken, usually under Section 106 of the Town and Country Planning Act 1990.

Planning Gain - the principle of a developer agreeing to provide additional benefits or safeguards, often for the benefit of the community, usually in the form of related development supplied at the developer's expense.

Pre-Contract Enquiries - these are enquiries made by the purchaser's solicitor to the vendor's solicitor requiring information relating to the property being purchased prior to exchange of contracts.

Private Treaty - formal name given to the method by which most estate agents will undertake the sale of residential property. This term covers the whole range of services normally associated with the sale process, culminating in 'exchange of contracts' and 'completion' between vendor and purchaser.

Probate - legal term applied to the process of proving that a will is valid.

Proposals Map - an obligatory component of a local plan showing the location of proposals in the plan on an Ordnance Survey base map.

Protected Species - plant and animal species, including all wild birds, protected under the Conservation (Natural Habitats and Conservation) Regulations 1994, the Wildlife and Countryside Act 1981 and subsequent amendments, or other species protected under legislation specific to them.

Public Open Space (POS) - land provided in urban or rural areas for public recreation, though not necessarily publicly owned.

Public Realm - outdoor areas accessible to the public.

Public Right of Way - a way where the public has a right to walk, and in some cases ride horses, bicycles, motorcycles or drive motor vehicles, which will be designated either as a footpath, a bridleway, a road used as a public path (RUPP) or a byway.

Purchaser - the buyer of a property.

Purchase Notice - this requires a local planning authority to purchase an interest in land where a planning decision conflicts with the private interests of landowners.

Regency - property built between approximately 1800 -1837.

Rent Charge - a small charge reserved to a previous owner of land that is paid to him or his successors annually out of freehold land. It is not a rent.

Repayment Mortgage - a mortgage which involves the repayment of both capital and interest in monthly instalments within a specified term of years.

Reserve Price - properties for sale by auction are normally offered subject to a 'reserve'in which case the property is withdrawn if the highest bid does not reach the reserve price.

Ribbon development - a narrow band of development extending along one or both sides of a road.

Rural Development Area - priority area for economic and social development.

Rural Diversification - activities undertaken on surplus land to support farming incomes, including, for example, forestry, leisure and tourism.

Scheduled Ancient Monument - a structure placed on a schedule compiled by the Department of National Heritage in England and Cadw in Wales for protection under the Ancient Monuments and Archaeological Areas Act.

Searches - procedure undertaken by a solicitor or legal representative during the conveyancing process to establish whether any issues exist which may adversely affect the property which is to be purchased.

Site of Special Scientific Interest (SSSI) - area identified by English Nature or Countryside Council for Wales for protection by reason of the rarity of its nature conservation or wildlife features.

Special Needs Housing - housing to meet need arising from homelessness or overcrowding, and purpose-built or supported housing for the elderly or disabled people or those requiring care.

Stamp Duty - a Government tax levied on the purchaser of a property and calculated as a percentage of the purchase price.
The Stamp Duty rates are:

Statutory - required by law (statute), usually through an Act of Parliament.

Statutory Undertakers/Statutory Utilities - providers of essential services such as gas, electricity, water or telecommunications.

Subject to Contract - when an offer is made to purchase a property 'subject to contract' it means that all the dealings are subject to the actual exchange of the contract itself. Nothing is binding on either the vendor or purchaser until the contracts are exchanged.

Sui Generis - uses of land or buildings which do not fall into any of the use classes identified by the Use Classes Order, for example theatres, launderettes, car showrooms and filling stations.

Survey - the three main types are:

1. VALUATION - (prepared for house purchase, mortgage purposes, insurance or probate).
2. HOMEBUYER SURVEY AND VALUATION - (carried out by a Chartered Surveyor and designed to focus on urgent or significant matters requiring attention).
3. BUILDING SURVEY AND VALUATION - (A more detailed inspection suitable for large or older type buildings).

Sustainable Development - environmentally responsible development, commonly defined as "development which meets the needs of the present generation without compromising the ability of future generations to meet their own needs".

Tenancy In Common - when property is held jointly between two people and each of them own an individual share which can be passed on under a Will.

Tenant - person occupying a property, normally subject to the terms of a lease agreed with the landlord.

Tender - in the process known as 'For Sale By Tender' the asking price will not be stated. Instead, written offers will be invited and a closing date for such offers published. All offers are normally opened at the same time, usually with the vendor's solicitor present. Generally, the vendor is not committed to accepting the highest or any offer.

Tenure - a collective term relating to the nature of the vendor's title to a property i.e. freehold, leasehold or crownhold.

Town Centre - describes city, town and traditional suburban centres which provide a broad range of facilities and services and which fulfil a function as a focus for a community and for public transport.

Townscape - the appearance and character of buildings and all other features of an urban area taken together as a whole.

Traffic Calming - management measures designed to lower traffic speeds or redirect traffic to alternative routes to avoid congestion, reduce accidents and injuries and prevent excess levels of pollution.

Transfer - the legal transfer of ownership on completion of the sale of registered land or property.

Travel to Work Area (TTWA) - a broadly self-contained labour market area usually focused on an urban employment centre.

Tree Preservation Order (TPO) - direction made by a local planning authority that makes it an offence to cut, top, lop, uproot or wilfully damage or destroy a tree without that authority's permission.

Tudor - property built between approximately 1485 -1550.

Unitary Development Plan - local plan produced by certain unitary district authorities and London boroughs which have responsibility for the full range of local authority services.

Unregistered Land - land which is not registered with the Land Registry. Proof of ownership is by production of the Deeds.

Urban Fringe - predominantly open land on the edge of an existing urban area.

Urban Regeneration - the re-use or redevelopment of decaying or run-down parts of older urban areas to bring them new life and economic vitality.

Vacant Possession - the date by which the vendor agrees to give up possession of the property (see 'Completion'). A well used estate agency phrase which means that the property being offered will be vacant upon completion of the sale. The property is therefore offered free from any such encumbrances as a sitting tenant or service tenancy.

Vendor - the legal owner of a property which is being offered for sale.

Victorian - property built between approximately 1837 -1901.

Village envelope - boundaries defined on a map beyond which the local planning authority proposes that a village should not be allowed to extend.

Wildlife Corridor - a continuous area facilitating the movement of wildlife through rural or urban environments.