Date for updated CON 29 and CON 29O forms still to be fixed, admits Law Society

The release date for the revised CON 29 and CON 29O enquiry forms still remains uncertain, the Law Society has admitted.

In an update issued last week, Chancery Lane said Defra had announced some changes to its SuDS [Sustainable Drainage Systems] proposals and the impact of these changes on the new forms was being investigated.

The Law Society said it understood that it was important for solicitors, local authorities and others to know when the new forms would be introduced so that they could plan budgets, resources and system changes accordingly.

“We had hoped to be in a position to release the new forms shortly,” it said. “Unfortunately this has not been possible for a variety of reasons and we are not able to provide a specific date for implementation of the new forms yet.”

Chancery Lane added: “The revisions to the forms mark a departure from the fragmentation in supply of the past. The aim of this revision has been to develop a system that is more unified, so that the quality and consistency of information is improved across local authorities.

“This will lead to a more consistent approach by solicitors. That in turn means that information provided to people and businesses who are buying, letting or renting property, and those lending money to them, will be more consistent and easier to understand.”

However the Law Society said that now that the majority of local authorities worked digitally, implementing the new forms was a more complex procedure than in the past.

“It doesn't just involve software suppliers building the necessary systems - that's just the first stage in the process,” it argued. “Software suppliers and NLIS will also need to develop the necessary schemas. These schemas will need to be tested with local authorities. These processes could take up to six months.”

Chancery Lane said it was also putting the CON 29 implementation process on a formal basis so that all parties were clear about their respective roles; the final stages of the necessary legal arrangements were being put in place now.

“We have finalised negotiations with some software suppliers and hope to finalise agreements with additional suppliers shortly,” it added. “When these arrangements are concluded and the development of the necessary schemes are underway, we will provide a further update about go live dates.”

The Law Society highlighted how some new enquiries had been added to the forms, for example community infrastructure levy (CIL) and assets of community value.

It said that while the forms would not go live yet, if solicitors wished to raise enquiries about these matters now they should follow the format of the enquiry on the form to make it easier for respondents to answer.

“Not all local authorities will have a CIL charging schedule,” the Law Society added. “Solicitors may therefore wish to check the local authority's website for further information about whether a charging schedule is in place before raising enquiries about CIL.”

Chancery Lane said it was currently working on producing guidance notes to accompany the forms and proposed to publish these to coincide with the introduction of the new forms.