local authority searches explained

Local Authority searches explained

Local Authority searches are one of the most important things that are used in house purchases in the UK. The job of your conveyancer is to make sure that when your purchase completes the title is sound. Searches are nearly always required if you are using a mortgage to fund the purchase. If you are buying totally for cash then they are not required but you will be advised strongly by your conveyancer that you should still buy them in all cases. If you still insist that you do not want to buy them as a cash buyer you would need to put this in writing to your conveyancer .

What’s included in a Local Authority search.

There are two parts to a local authority search – a LLC1 and A CON29.  

Firstly the LLC1- Local Land Charge register search – this goes into attendant restrictions to land or property. Typically these are the items listed below:

A building that is listed

A building or land located in conservation area

Has a tree protection order for that street or area.

Could be in need of improvement or a renovation grant.

In an area that has a smoke control

Part 2 of the search is –the CON29- SUPPLIES INFORMATION RELATING TO ROADS AND HIGHWAYS.

This covers planned new roads, railroads and any major structure that could be built in the future and affect your property.

Environmental search - looks for major waste pipes near or beneath your proposed property, civic dump sites near the property, and possible contaminated arrears .

Water authority searches - these will show public sewers within the boundaries of the property which could affect future building, extensions etc.

Chancel repairs reports; this one tells your conveyancer if your property is liable for church repair contributions.

The difference between official searches and personal searches

Official

You have two types of local authority searches - official or personal. Official ones are requested directly from the local authority. A council member of staff will conduct the search from the local land charge searches register, and then they would get the search order stamped by a council officer.

Personal search

The personal search method is conducted by an agency not within the council that is not affiliated with them; they work from the same register as the council though.

These searches are usually cheaper and quicker, they often are covered by insurance that covers information accuracy etc. It is not clear on what is best as the information is usually the same, but some mortgage lenders will express a preference to which ones should be ordered by the conveyancer.

Some lenders and conveyancer believe that official search places greater emphasis on being comprehensive. They are local liability and regulatory search code compliant, rather than the speed of the personal searches.

Most conveyancer have found  that the standard of the personal search has raised a great deal in the last decade, and if the search was ordered from a commercially aware search agency, it will provide a greater level of control. The price of them and speed they can be obtained (if accepted by the mortgage lender) put them in favour with most conveyancers , especially when the market pushes for speedy transaction's to be carried out.

It is usually down to the lender, it will be requested within the solicitor legal pack when the mortgage offer is issued, or the conveyancer can check the Council of Lenders handbook to see which search the mortgage lender being used will accept.

To be continued, how much do searches usually cost and what can be found on the searches that could halt your purchase.