Local Authority Searches explained

Are local searches important when buying a house? What do they include? How long do local authority searches take in 2022 and how much do they cost? And what areas are experiencing delays? Here's everything you need to know.

Local Authority searches are an essential part of the home buying process. The information they reveal can be used to renegotiate your offer and may even make you pull out of the purchase. They are also required by mortgage lenders.

What’s included in a local authority search?

There are two parts to a local authority search – a LLC1 and a CON29. The LLC1 – Local Land Charge Register search – covers any charges or attendant restrictions relating to land or property. These can include whether the property is:

• a listed building
• located in a conservation area
• subject to a tree protection order
• in need of an improvement or renovation grant
• or situated in a smoke control zone

The form also covers planning agreements and conditional planning permissions. All LLC1 registrations are legally binding on successive owners.

The second part of the search – the CON29 – supplies information relating to public highways, proposals for new roads, rail schemes or planning decisions that could affect the property, as well as outstanding statutory notices, breaches of planning or building regulations or the existence of a compulsory purchase order. Environmental factors, such as whether the house stands on contaminated land or in a Radon gas affected area are also covered.

What isn’t included in a local authority search?

There are a number of additional reports that are not covered by the standard local authority search and are, therefore, subject to extra fees. The need for such searches will be determined by your conveyancing solicitor or mortgage lender on a case-by-case basis (although some are considered essential by certain lenders).

These include:

• The CON29 (O) optional form which deals with applications on roads proposed by private bodies, completion notices, land maintenance notices and environmental and pollution notices
• Environmental searches (to determine a risk of flooding for example, as well as the proximity of any waste sites or potentially contaminated sites)
• Water authority searches (which show any public sewers within the boundaries of the property which could impact upon future building or development)
• Chancel Repair reports (to determine if your property is liable for church repair contributions).

It’s worth noting the additional searches, such as mining searches, flood searches and energy and infrastructure searches are determined by the locality of the property, rather than just the conveyancer or lender. For example, a mining search may be required if the property is in a mining area (rather than because the conveyancer or lender insist one is done in every case).

What’s the difference between official searches and personal searches?

There are two different types of local authority searches – official or personal. The ‘official’ method involves sending forms directly to the local authority where a search is conducted by council staff from the Local Land Charges Register. This is then signed and stamped by a council officer and returned to your conveyancer.

Personal Local Authority Search

A personal local authority search is conducted by an external agency unaffiliated with the council and working ‘independently’ from the same Register. In many cases, these searches are quicker and cheaper than an official application and are covered by specific information accuracy insurance policies as well as employer error liability. As a result, many conveyancers recommend personal searches, although debate within the industry still rages as to which is best.

Some solicitors believe that an official search conducted by the local authority places greater emphasis upon comprehensibility, local authority liability and regulatory Search Code compliance over speed of return.

Nevertheless, most industry veterans agree that the standard and accuracy of personal search reports has risen substantially in the past decade and argue that reputable, commercially aware search companies often provide a greater level of control, accountability and flexibility than council searches (as well as financial and time saving benefits). The rule of thumb in such cases should be to consult with your conveyancing solicitor and consider all possibilities.

In any case, whether an official or personal search is done is often determined more by the mortgage lender. The conveyancing solicitor will have to check the Council of Mortgage Lender’s Handbook to see which searches the individual lender accepts.

How much will a local search cost?

Fees are subject to a wide range of variables. If you have chosen a local authority search for example, you could be charged anywhere between £50 and £250 depending on the local authority. Additional fees also differ accordingly, so be sure to consult your local authority website, but on average drainage reports will cost between £30-40 plus VAT, whilst environmental reports cost between £30-35 plus VAT (for example).

Personal search company fees usually range between £75- £120 for a standard search.

Alternatively, you could purchase a fixed fee ‘bundle’ package from your conveyancing solicitor to cover the four main report criteria (Local Authority, Drainage and Water, Environmental and Chancel reports). These usually cost around £200-260, but the main advantage is that they will cover local authority costs even if the combined total exceeds the paid fee. You can also conduct a personal search yourself for free, but this is not recommended as local reports require specialist knowledge to execute a search properly.

How long do local searches take when buying a house in 2021? 

The government target for returning local searches is a maximum of 10 working days.

But in reality, timescales on searches can vary significantly, from 48 hours to ten weeks! Mitigating factors can include whether the results are sent via email, online or by post; seasonal demand levels and local authority staffing levels.

As an extreme example, there are currently no searches available for properties in the London Borough of Hackney; Hackney Council has advised that this is likely to remain the case for some time. This was due to a cyber attack.

Recent turnaround times reported by Search Flow

https://www.searchflow.co.uk/news-and-events/personal-searches-turnaround-times/

We strongly advise you check with your conveyancer the situation where you are buying as soon as you appoint them.

How can I speed up a local search?

To help speed up local searches, make sure you instruct your conveyancing solicitor to start local searches as soon as your offer has been accepted.

Some industry experts are advising sellers to order searches (with the issue of getting the buyer to pay for the cost at a later date). But be mindful that searches only last 3 months.

If your local authority are likely to make you wait weeks and risk you losing your purchase property, you could consider a personal search company as noted above. But check with your solicitor or local authority before deciding which might be quickest.

Search insurance is also an option.

Local Authority Search Indemnity Insurance

If your searches are subject to delay, one growing trend is for Local Authority Search Indemnity Insurance. Often available for very little (premiums starting for as little as £20), this is a type of insurance which means that you’re insured in the event that an order is served causing you to sell the property under the price paid for the property.

It means you can proceed with your house purchase in the absence of local search results with a little more reassurance. However, you will still be exposed by the fact you are unaware of detailed information about potential local issues and threats which could lower your enjoyment of the property.

Local Authority Search Indemnity Insurance will also be subject to your mortgage lender’s approval. You should check your lender will accept it. Some of the biggest lenders including Halifax, HSBC and Bank of Ireland are unlikely to accept search delay indemnity in place of full searches. Skipton Building Society and NatWest have just announced that they will accept search insurance.

We highly recommend you discuss the pros and cons of insurance with your conveyancing solicitor.

What to watch for when you get a local search?

There are a few factors to consider before taking your Local Authority report at face value. Firstly, it is important to remember that local searches are often relevant to your property or street alone and might not cover developments located a short distance away (or even next door). Reports can vary, so always be sure to check the area remit of your search or make additional enquiries at your local council. For example, you can search most planning applications by postcode on the local authority website for the area in which you are buying. It’s worth remembering that any planning proposals submitted after your search will not be covered.

Do I need to get a search if I’m a cash buyer?

Cash buyers do not necessarily have to conduct a search but most conveyancing solicitors will recommend that they do so. If the client elects not to carry out local authority searches then the conveyancer may recommend No Search Indemnity Insurance as an alternative.

Property Ownership Searches

 Question

Do your ownership searches provide only the name and address of the owners, or does it include other information?

 Answer

The Ownership Searches include a vast amount of additional information relating to the property, such as the purchase price, restrictive and personal covenants, rights of way, the extent of the property owned, tenure, class of title, mortgages, restrictions and notices. Some of the searches include the conveyancing deeds, leases, ground rent titles and property history.

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 Question

If I have lost my deeds and the property is not registered what help me is the Lost Deeds search?

 Answer

The Lost Deeds Search includes an application for the Title Register and Title Plan, as if we discover the property to be registered, after all, this will provide copies of the deeds for you. We often discover a property to be registered when the owner has assumed it is not, or has been unable to obtain the registered documents on a previous occasion. It is sometimes the case that the property's registered documents are included on another title, and not always readibly discoverable.

We also apply for an Index Map Search, at the same time. There is no charge for this. The Index Map Search will confirm with certainty as to whether or not the property is registered. if it is, the title number is provided and we can then obtain the deeds quickly.

If it is not registered, it will state as much. This document will also provide details of any outstanding applications that will be registered against the property once it becomes registered for the first time, such as a Caution Against First Registration. Details of the Caution Title will be provided, and we will then obtain a copy of the Caution Title Register for you, although you would be asked for an additional payment for this.

You will also receive an Ownership Searches Information Guide from us, which will include a chapter on this subject. A step by step procedure will be outlined to you, that you should follow to obtain registration of your property. You will need to instruct a solicitor to re-constitute your deeds and you will need to provide him with the Index Map Search to prove the property is not registered.

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 Question

If I want to obtain all the leasehold title registers for each flat in a large block of flats will I have to pay at the full rate, even if there are scores of flats?

 Answer

Not at all. You are charged at the full rate for the first flat; thereafter each leasehold title register is heavily discounted. As you select the number of flats on the application form the price changes to show the total amount you will pay. If there are more than 20 flats you will be contacted with the total number and the price before we proceed.

Land Ownership Searches

 Question

What is the difference between your Standard Map and your Advanced Map, and how am I to know which map to use?

 Answer

Using our standard map allows you to zoom in on a property, e.g. a field, and drop a pin onto it. This is a simple and speedy exercise. The map is built into the application form and so we receive the data we need to proceed with your search, which will normally be carried out within an hour. This map works well with small properties such as small building plots and small fields.

The advanced map is for use with more complicated land areas. To use it you would first zoom into the property to be searched. When you click the page a pin is dropped, but this is the starting point of a line that you would then draw. You would click further along the search area and a straight line would be drawn between the two points, and you would carry on this way until completing the search area. This is useful for defining either a long, narrow tract of land, e.g. where you wanted to contact land owners along an area where pipes were to be laid, or for large elliptical or polygonal areas such as rectangular or triangular shaped areas.

The advanced map allows you to edit the lines you have drawn, by zooming in further and refining the positioning of the lines drawn.

The advanced map is very useful for large straight or polygonal areas of land, woodland, riverbanks, common land, and for sections of roads. We receive an exact copy of the map you have drawn and can readily identify each registered title of land within the search area.

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 Question

Do you carry out riparian searches?

 Answer

Yes. This is our riverbank search. We provide copies of the Title Register and Title Plan for the freehold or leasehold title, together with copies of the same documents for each Fishing Right title that has been registered. We also provide copies of the Deeds creating the Fishing Rights, which will provide details of any fishing restrictions, e.g. number and type of fish to be caught.

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 Question

Can I make a Common Land Search by calling into a local Land Registry office?

 Answer

No. The Common Land Register is not held by the Land Registry but by various county authorities throughout the country. The documents we provide with this search are obtained from various sources, i.e. the relevant common land authority, the Land Registry and the relevant local authority. The collection of documents in our search provide details of the commoner's rights, the type of rights registered and the ownership details. The extent of the common land and any restrictions on the use of it are also provided.

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 Question

With regard to the Roads and Alleyways Search, I understand there may be many different ownerships. Do I have to search against the whole of the road, or can I confine my search to a small section of it?

 Answer

The application form for this search includes a map. You should use the Advanced Map and outline the section of the road that you wish to be searched.

Neighbourhood and Environment Searches

 Question

What is the difference between the Land Registry Flood Search and the Flood Search you provide?

 Answer

The Land Registry provide a very short (1 page) report relating to the risk of flooding. The search we provide is prepared by the Environment Agency and supported with further information from the British Geological Survey and the Norwich Union Insurance Risks department. It is very detailed and will provide flooding history over an extensive period of time, will show on maps the land that has previously been flooded and the land now at risk of flooding. It will also provide flood defence information and mapping, and provide details of flooding from rivers, the sea and from rain or snowfall.

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 Question

I wish to discover the location of drains and water pipes under a public highway near to my land and the location of manholes and drain outlets. Will the Drainage, Sewerage and Water Report provide this?

 Answer

This report comes in the form of a detailed map. The location of all underground water, sewerage and drainage pipes along the public highway is shown, together with manholes and water pipe assets. Pipes for different purposes are colour coded and there is a detailed legend in connection with the pipes and the pipe assets. This report does not show the drains under privately owned property.

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 Question

I am a partner with a firm of solicitors and work in the conveyancing department. I and my department obtain many environmental reports and Land Registry documents on a day to day basis. Are we able to obtain an account with you and receive discount for repeated orders?

 Answer

We can provide you with generous discounts for all types of search orders. An example is provided in our "Commercial Accounts" page - https://www.land-search-online.co.uk/commercial-accounts/.

Boundaries

 Question

Which document shows my property boundaries?

 Answer

There is no single document that shows property boundaries in a precise way. The Land Registry show them on the title plan, but only in a general way, i.e. not with precision. Although the boundary lines are reasonably accurate, when looking at the boundary in measurements smaller that a metre their accuracy begins to wane.

The only way to obtain more precise information is by examining the registered documents for the properties each side of the boundary. The Boundaries Information Guide that we provide with the search shows you what to look for and where to look for it. Our search provides all the information available.

The documents included are the Title Register and Title Plan for each property, all the Conveyancing Deeds for each property, one of the Leases (if the property is leasehold), all the Deed Plans attached to the Conveyancing Deeds, and an Information Guide containing real life examples. The guide also includes details of the common law presumptions that apply when the documents do not resolve the dispute.

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 Question

I have a problem with rights of access. Which document would I buy to help resolve this?

 Answer

The principles applying to rights of access are similar to those applying to rights of way. Therefore, the Rights of Way Resolution Package would be the best search to obtain.

Conveyancing Searches

 Question

What is the difference between a Title Plan, a Deed Plan and a Lease Plan?

 Answer

The Title Plan is prepared by the Land Registry. It is overlaid upon a copy of the Ordnance Survey, and is prepared at a scale of 1:2500 or 1:1250, depending on where the property is located. It is designed to show the extent of the property owned and its location compared to neighbouring properties.

A Deed Plan is a plan attached to one of the Conveyancing Deeds and is often prepared by the vendor or a surveyor. Its function is to illustrate a matter affecting the property referred to in the Deed it is attached to. It often contains measurements, angles, T marks and H marks. It is very useful in helping to resolve boundary disputes.

A Lease Plan is attached to a Lease and is designed to describe not just the property extent, but also common parts of the estate such as bin stores, parking spaces, gardens etc.

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 Question

I need to show that I am no longer the owner of a property. Which search should I use?

 Answer

You should obtain the Title Register. This shows only subsisting entries, so if you have sold the property your name will have been removed and replaced by the new owner's name.

If you also need to show that you used to own the property you will also need to obtain a Prior Copy of the Title Register.

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 Question

My insurance company want me to estimate the date my property was built. Which document do I need?

 Answer

None of the registered documents will actually show the date the property was built, but a good estimate may be obtained by looking at the Title Register and referring to the A section. This states the date upon which the property was first registered. As compulsory land registration has been around for some time now, if the property is relatively modern there is a good chance it was registered soon after it was built.

WE WANT TO HELP YOU....BE FASTER AND SAFER !!

Order Property Searches are passionate about speeding up house buying transaction times & cutting down fraud in property. We are all about getting you moved into your property as quickly, safely and easily as possible.

By using our search packs and their unique ordering timing, which you will not get through a law firm you can save up to 16 weeks in the home buying and selling process, which dramatically reduces the risk of property falling through & gets you into your dream home quicker.

Your Benefits

Order Property Searches provide access to Searches and Environmental Reports to deliver the data that might otherwise take weeks to reach you when ordered by a conveyancer.

We help Sellers to get legally prepared and pull together upfront information to speed up sales transactions.

Order Property Seaches FAQ's

• Will the searches that you provide be accepted by any law firm?
  • Yes they will, our searches are above the standards that are required by conveyancers and lenders

• Will I be able to speed up the purchase of my house?
  • Yes, by ordering your searches through us once you have decided to buy the property you can speed up the transaction by anything up to 16 weeks

• How long are the searches valid for?
  • Our searches are valid for 6 months which is plenty of time for the conveyancing to be completed.

• How will the searches be delivered?
  • The searches will be sent to you electronically on completion.

• How will I know whether I need any further searches?
  • The system will advise you if you need searches such as mining, coal & flood risk, however, your lender might insist on other searches, which can be ordered through us, if required.