Conveyancing Flood Duty

As flooding dominates the news yet again this year, conveyancing concerns are raised for property buyers keen to ensure they are not inheriting a property in a high risk area.

According to the Environment Agency, over five million of us are living and working in a property in England and Wales which is at risk of flooding.  With so much of the country submerged under inches of water, flood searches are under the spotlight and the risk to property and personal belongings are all too clear.

In a Solicitors Journal report, it is claimed that although flood searches are necessary, the solicitor has no further duty to advise on flood risk.  As property buyers whipped into a frenzy by the sudden deluge of water see devastating damage caused to homes and possessions in news reports, they are keen to protect themselves for the future and want firm assurances from their solicitor.

With flood risks and damage to a property often deeming a dwelling uninsurable and possibly not fit for mortgage, the Law Society has set out guidelines for conveyancers in a practice note recently published.  The notes state that a lawyer acting for a buyer, tenant or lender, should "mention the risk of flood to your client and, if appropriate, make investigations."

Conveyancers are not flood risk experts but have a duty to bring the issue to the attention of the client.  The Law Society goes on to indicate that "solicitors are not qualified to give advice on flood risk or interpret technical flood reports."

The cautionary tale when buying a property is always to take heed of your conveyancer's advice and read the flood reports carefully.

If you need the advice of an experienced conveyancing solicitor then call Mandy Peters on 020 8297 4000 or email advice@mandypeterssolicitors.co.uk.

Mandy Peters

London Conveyancing Solicitors

Tel: 0208 297 4000