Local Authority searches are an essential part of the conveyancing process. They can reveal information that can be used to renegotiate your offer and may even make you pull out of the purchase altogether. They are also required by mortgage lenders. But what do local searches include, how long do they take and how much do they cost? Here's everything you need to know.
What is a local authority search?
A Local Authority Search is a query into the land and local area where the property you are buying is situated in. Local searches are specific to the property you are buying and will reveal various matters in relation to the property including footpaths, highways, planning and building regulations. They’re carried out through the local authority, or sometimes centrally through HM Land Registry.
Why do I need a local search?
If you are having a mortgage your Solicitor must carry out a local search. If you are a cash buyer, you can choose whether you have a local search as it is your own money which is at risk, rather than a lenders, although it is strongly recommended you undertake a search as it is arguably the most vital search your solicitor will arrange.
Although choosing not to go ahead with searches could initially save you money, not doing so could potentially cost you thousands in the future.
The report will provide you with detailed information about the property and the surrounding areas, allowing you to be aware of anything concerning or any factors which could lower the overall value of the property.
What does a local search tell me?
There are two parts to a local authority search, referred to as a LLC1 and a CON29. These searches are designed to ensure you know as much as possible about the property you are purchasing prior to exchange of contracts.
The Local Land Charges Register Search (LLC1) covers:
Any planning agreements and conditional planning permissions.
Whether the property is situated in a tree preservation order area.
Whether the property has a listed building status.
Any financial charges registered against the property.
Any required improvement or renovation grant.
Whether the property is located in a conservation area.
If the property is located in a smoke control zone.
The Enquiries of the Local Authority (CON29), covers:
Proposals for new roads, traffic and rail schemes within the vicinity of the property.
Any planning decisions that could affect the property and the surrounding area in the future.
Environmental factors such as whether the property is on contaminated land.
Whether the property is situated in a Radon gas affected area.
The report will also flag any potential areas of concern such as the risk of subsidence and energy and infrastructure.
How Long Do Local Authority Searches Take?
Normally two to three weeks, however this can vary from a few days to several weeks, depending on the local council. In some cases, if a local authority is experiencing staff shortages, it it can take six to eight weeks.
Sometimes it may be necessary for your solicitor to make further enquiries based on the results of the searches. Depending on the location of the property, your Solicitor may suggest additional searches, such as a coal mining search if you are buying a house in a current or former mining area.
What Searches Do Solicitors Do?
A standard search package usually includes the local authority search, environmental search and a drainage and water search. However, there are a number of other search reports that your solicitor can request.
Depending upon the information revealed in the Local Authority Search, and the location in which are buying, your solicitor may want to undertake further searches. Below we list some of the searches available:
Environmental Search - A search to determine risk of flooding and the proximity to any waste sites or potentially contaminated areas. This is included in a standard search package.
Drainage and Water Search - A search of the water authority’s records to check whether the property is connected to mains water supply and drainage. This is included in a standard search package.
Coal Mining Search - Recommended in areas with a history of coal mining, these reports can provide information on past, present and future coal mining activities and can reveal any issues of ground stability, land contamination and any evidence of subsidence.
Commons Registration Search - This can establish whether the land is registered as a common land in accordance with the Commons Registration act.
Cheshire Brine Search - If the property is located in Cheshire, it may have been affected by Brine Mining.
British Waterway Search (Rivers, Canals, Streams etc) - This shows if there is ownership and responsibility for a river bank, any fishing or mooring rights, drainage rights and licenses to extract water.
Metalliferous Search - Suitable for properties in former metal mining areas, including the tin mining areas of Cornwall, Devon and some areas of Somerset, this search will determine the risk of land contamination, subsidence and any past metal mining activity in the area. This report typically covers alum, arsenic, barium, copper, gold, iron, manganese, ochre, silver, silver-lead, tin, tungsten, umber and zinc.
Lead Mining Search - Lead Mining is concentrated in North Wales and the Derbyshire Peak District, so if you are looking to buy a property here, it is worth having a search done to see if past mining has taken place on the site.
China Clay Search - For properties in Cornwall, Dorset and Devon, these areas may have been mined in the past and are therefore at risk of subsidence. Current Clay Mining is now restricted to the areas of Dartmoor and St Austell and buyers of properties in these areas are recommended to request this search.
Limestone Search - Limestone Mining was common in the West Midlands up until the 1930s. There is still risk of subsidence and search is recommended.
For more helpful guides and useful information, please visit our website www.quicklyconvey.co.uk
If you are looking for a Solicitor to handle any of your property matters, please contact us on 020 3963 7310 or email us on info@quicklyconvey.co.uk
Please note that these guides are for informational purposes only, and do not constitute legal advice.
Credit to Sam Conveyancing for the information in this guide
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