When you’re buying a property, your solicitor should be working to ensure that your investment is legally sound and free from hidden risks. One of the most important steps in this process is conducting property searches.
What Are Property Searches?
Property searches are enquiries made by your solicitor to various authorities to uncover any issues that might affect the property you’re buying. These searches help ensure that you’re fully informed before committing to the purchase.
Why Are Property Searches Important?
Searches can reveal crucial information such as:
- Whether the property is at risk of flooding
- If there are plans for nearby developments
- Whether the road is publicly maintained
- If there are any legal restrictions or environmental concerns
- Without these checks, you could face unexpected costs or legal issues after the purchase.
When Are Property Searches Required?
Searches are typically required when:
- You’re buying with a mortgage (lenders insist on them)
- You want peace of mind about the property’s legal and environmental status
- Even if you’re a cash buyer although optional, searches are strongly recommended.
Searches are conducted via third party providers and can take several weeks, some cash buyers may choose to obtain search indemnity insurance due to time constraints.
Keep a look out for our next blog: What Does Indemnity Insurance Cover?
What Are the Different Types of Property Searches?
There are different types of property searches. Here’s a more detailed breakdown of the main types of searches:
- Local Authority Search
This is one of the most comprehensive and essential searches. It includes two parts:
- LLC1 (Local Land Charges Register): Reveals financial charges, tree preservation orders, listed building status, conservation areas, and more.
- CON29 (Enquiries of the Local Authority): Covers planning decisions, building control history, nearby road schemes, compulsory purchase orders, and environmental notices.
You can obtain either an ‘official’ or ‘personal’ local search.
- The ‘official’ method involves sending forms directly to the local authority where a search is conducted by a council staff member from the Local Land Charges Register. This is then signed and stamped by a council officer. Many mortgage companies prefer an official search, as information provided by the Council itself is always seen as more reliable.
- The ‘personal’ method 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.
- Environmental Search
This search assesses environmental risks such as:
- Contaminated land (e.g., former industrial use)
- Flood risk (river, coastal, surface water)
- Ground stability (e.g., subsidence)
- Proximity to landfill or waste sites
It helps buyers understand potential health or financial risks and whether further investigation is needed.
- Water and Drainage Search
Conducted with the local water authority, this search confirms:
- Whether the property is connected to mains water and sewerage
- Location of public sewers and water mains
- Responsibility for maintenance
- Risk of sewer flooding
This is crucial in a commercial context for understanding access rights and future development limitations.
- Chancel Repair Liability Search
A historical obligation that can still affect properties near certain churches. This search checks whether the property owner could be liable for repairs to the local parish church, even if the liability hasn’t been enforced in decades.
However, as from 13th October 2013 chancel repair liability is no longer be an overriding interest. Meaning further protection is required to enforce liability against those purchasing land on or after 13 October 2013.
- Land Registry and Title Searches
These confirm:
- Legal ownership of the property
- Boundaries and rights of way
- Any restrictions, covenants, or charges registered against the title
Your solicitor will also carry out a priority search just before completion to ensure no new entries have been made.
- Mining and Ground Stability Searches
Depending on the location, additional searches may be required:
- Coal Mining Search: Common in areas like the Midlands, North East, and South Wales.
- Tin, Brine, or Limestone Mining Searches: Relevant in Cornwall, Cheshire, and parts of Yorkshire.
These searches assess the risk of subsidence or future claims.
- High-Speed Rail (HS2) and Infrastructure Searches
If the property is near proposed infrastructure projects like HS2, this search reveals whether it may be affected by construction, noise, or compulsory purchase.
- Planning Search (Optional)
Unlike the Local Authority Search, this optional search provides broader information about:
- Planning applications in the surrounding area
- Nearby developments that could affect property value or enjoyment
Ralli Solicitors LLP Commercial Property Legal Team Are Here to Help
Property searches are a vital part of the conveyancing process. They protect you from nasty surprises and give you the confidence to move forward with your purchase. As your solicitor, our role at Ralli Solicitors LLP is to guide you through these checks and explain any issues that arise.
If you’re considering buying a property and want to understand more about the legal process, feel free to get in touch with Ben Eaton, our Commercial Property Solicitor, on 0161 832 6131.
