STER is part of the Commercial Property Standard Enquiries suite of documents (CPSEs), prepared by firms listed at London Property Support Lawyers Group and endorsed by the British Property Federation.
For more information on CPSE, and a list of all the documents, see GN/CPSE Guidance notes on the CPSEs.
Use of this CPSE is free, subject to the Conditions of use set out below.
STER (version 2.0) is available in Word and PDF format - for Word, please see the Actions box in the top right-hand corner; for PDF, please follow the link below.
Please send feedback to: cpse@practicallaw.com.
If you have difficulty accessing this document contact info@practicallaw.com.
For details of the amendments made to the CPSE, see the Update, Amendments to the CPSE - version 2.0.
For the PDF version of this CPSE click here.
STER consists of:
Particulars.
Notes.
Conditions of use.
Requirements 1-9.
Seller:
Buyer:
Property:
Transaction:
Seller's solicitors:
Buyer's solicitors:
Date:
1. This form is designed for use with pre-contract enquiries in form CPSE.1 General pre-contract enquiries for all commercial property transactions and deals with title matters and arrangements for exchange as between solicitors. The information and notes given at the beginning of CPSE.1 apply as far as appropriate to these requests and to their replies.
2. It is assumed that:
(a) contracts are not yet exchanged and that information requested and given in this form will be subject to contract;
(b) the contract will incorporate the Standard Commercial Property Conditions (First Edition) (SCPC); and
(c) title is to be deduced and investigated before exchange and no requisitions can be raised after exchange.
3. For the purposes of any provision in the contract that defines or restricts the category of Seller's representations on which the Buyer is entitled to rely, the information supplied by the Seller or its solicitors in response to this form or in response to any further points as contemplated in note 4, is to be treated in the same way as the written replies to pre—contract enquiries.
4. Any issues arising from investigation of a particular title or the draft contract must be the subject of further specific enquiry.
5. The terms defined in the Particulars to CPSE.1 have the same meaning in this form, save that 'we' refers to the Buyer's solicitors and 'you' refers to the Seller's solicitors and the following interpretation also applies:
Lease: means the lease proposed to be granted by the Seller to the Buyer or, as the case may be, the lease under which the Property is held and which is to be assigned by the Seller to the Buyer.
Tenancy Documents: refers to the Lease (or, where the Transaction is the sale of a property subject to tenancies, the instrument creating each tenancy), and to any of the following that relate to it: charges, mortgages, surrenders, variations, side letters, undertakings, applications, consents, memoranda, registrations, notices, rent deposit deeds, orders, guarantees, concessions, franchise agreements, counsel's opinions and arbitrators' or experts' decisions.
This document may be used freely and without charge subject to the following:
The user identifies this document, and any part or parts of it, as STER (version 2.0) and as being part of the suite of documents comprising the Commercial Property Standard Enquiries (CPSEs). Details of these documents can be seen at www.practicallaw.com/Article_ID=24974.
Use of the CPSEs, including the guidance notes, is at the user's own risk. Neither the participating law firms who prepared the CPSEs, their partners and employees, the British Property Federation nor Practical Law Company Limited represent that the CPSEs, including the guidance notes, reflect or will be kept up-to-date to reflect modern law or practice relating to commercial property transactions, that the guidance notes comprise complete or accurate statements of the law to which they relate or that comments and suggestions within the guidance notes are appropriate or sufficient for any particular transaction. Such law firms, their partners and employees, the British Property Federation and Practical Law Company Limited exclude all liability to the user and the user's clients for any losses, liabilities, damage or other consequences arising from the CPSEs, including the guidance notes, failing to reflect modern law or practice relating to commercial property transactions, the guidance notes not comprising complete or accurate statements of the law to which they relate or for comments and suggestions within the guidance notes not being appropriate or sufficient for any particular transaction. A list of the participating law firms can be seen at www.practicallaw.com/Article_ID=16220.
The user acknowledges that use of this document is with the consent of the Practical Law Company Limited, the British Property Federation and the participating law firms. Any reproduction of it must be marked © MEMBER FIRMS OF LPSLG AND PRACTICAL LAW COMPANY LIMITED 2002-3 and must bear the logo of the British Property Federation.
The user will not change the text of this document (including these Conditions of use) or represent that it or any part or parts of it is anything other than STER (version 2.0). If the user wishes to raise any enquiries additional to those contained in this document or in the other documents comprising the CPSEs, the user will do so in a separate document that identifies clearly those additional enquiries as being separate from and additional to the CPSEs.
The user can use this document in connection with the provision of legal advice or legal training, including advice or training given for reward or commercial gain, but otherwise the user will not sell or publish for reward or commercial gain either this document, whether in whole or part, or any document which incorporates it, whether in whole or part.
1.1 If not already supplied, please send us:
(a) a draft contract;
(b) complete evidence of title to the Property, including, in the case of registered title, a copy of the title plan, official copies of the entries in the register and of all documents referred to, and, in the case of unregistered title, a marked abstract or an epitome of title with photocopy documents; and
(c) copies of any relevant statutory declarations, powers of attorney and defective title indemnity insurance policies.
1.2 Has any document relating to the Property been the subject of an application for designation as an Exempt Information Document under Rule 131 of the Land Registration Rules 2003, whether by you or, to your knowledge, by anyone else?
2.1 Except to the extent already supplied, please provide copies of all Tenancy Documents together with a schedule of them.
2.2 Are there any informal arrangements with any of the tenants that are not disclosed by the Tenancy Documents?
3.1 Where the Transaction is the grant of a new Lease, please:
(a) deduce your title to grant the Lease; and
(b) state whether the Lease will be a headlease or an underlease.
3.2 If the Lease is to be an underlease, please:
(a) supply copies of each superior lease;
(b) give the names of the current parties; and
(c) deduce title to each superior lease and the freehold.
4.1 Please:
(a) provide copies of all Tenancy Documents together with a schedule of them; and
(b) state whether the Lease is a headlease or an underlease.
4.2 Where the Lease will become subject to first registration following the assignment, please:
(a) deduce the Landlord's title to grant the Lease;
(b) provide the written consent of the Landlord on form AN1 to the registration of an agreed notice relating to the Lease following assignment; and
(c) if the Lease plan does not meet Land Registry requirements, provide a plan of the Property that does so and that has been agreed by the Landlord.
4.3 Where the Lease is an underlease, please:
(a) supply copies of each superior lease;
(b) give the names of the current parties; and
(c) deduce title to each superior lease and the freehold.
4.4 If the Lease is dated on or after 1 January, 1996, please confirm that it was not granted pursuant to an agreement, an option or a court order made before that date.
Where the Transaction is the sale of a freehold or the assignment of a Lease which is required to be registered at the Land Registry and the contract stipulates that the Seller is to prepare the form of transfer, please:
(a) confirm that the form proposed has Land Registry approval; and
(b) supply the Crown Copyright number allocated by the Land Registry, if it does not appear on the form of transfer.
6.1 Please supply a list of all mortgages and other financial charges affecting the Property (the Charges).
6.2 Please confirm that all the Charges are to be discharged on completion.
6.3 Will the purchase money be sufficient to discharge all the Charges?
6.4 Will all appropriate receipted documents, discharges, releases and consents be available on completion in respect of the Charges? If not, please supply drafts of any undertakings proposed in respect of later handovers and authorities from mortgagees.
6.5 Is there any unpaid seller's lien or other lien affecting the Property or the documents of title? If so, please confirm that they will have been removed by completion.
7.1 Please state the name, address and capacity of any persons:
(a) whose consent to dealing is required in order for the Transaction to proceed (each a Consent); and
(b) to whom notice of dealing must be given on completion of the Transaction.
7.2 Where the Transaction is the grant of a new Lease or the assignment of a Lease, what action has been taken to obtain any Consents which are required:
(a) for the grant or, as the case may be, assignment of the Lease;
(b) for the proposed use of the Property (if different from the current use); and
(c) for the alterations (if any) which the Buyer wishes to make to the Property?
8.1 Where the deposit is to be held as agent and VAT will be payable, please confirm that a VAT invoice for the deposit will be handed over on exchange of contracts.
8.2 Please supply the name and address of your bank and its sort code, and the title and number of your client account.
Please supply a list of all title documents to be handed over on completion, and
(a) indicate which are originals and which are certified or examined copies;
(b) explain why the originals of any relevant documents will be retained and by whom; and
(c) state which original documents will be the subject of a statutory acknowledgment for production and undertaking for safe custody, and who will give it.
