Q&As

A property lacks formal planning permission for its current use. The buyer’s solicitor requested a statutory declaration from the seller’s solicitor to confirm the seller’s long user of the property. However, the seller’s solicitor has provided a statement of truth instead of a statutory declaration. Does a statement of truth have any formal legal effect in this context or should the buyer insist that a statutory declaration is provided instead?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 08/09/2017

The following Property Q&A Produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • A property lacks formal planning permission for its current use. The buyer’s solicitor requested a statutory declaration from the seller’s solicitor to confirm the seller’s long user of the property. However, the seller’s solicitor has provided a statement of truth instead of a statutory declaration. Does a statement of truth have any formal legal effect in this context or should the buyer insist that a statutory declaration is provided instead?

A statutory declaration is a formal statement complying with the formalities prescribed by the Statutory Declarations Act 1835 which affirms the truth of a matter to the best of the knowledge and belief of the declarer. An independent commissioner for oaths is required to attest to the signature of the declaration.

Statutory declarations are used as formal evidence in numerous situations. Commonly they are used to demonstrate a certain factual circumstance, such as the use to which a property has been put by a previous owner, so that an application for a certificate of lawful use of premises, or for retrospective planning permission can be made. Given that the vendor may after the sale no longer be willing to assist in terms of evidence, or ma

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