When buying a property, whether as a first-time buyer or a seasoned investor, one of the most crucial stages of the conveyancing process is conducting property searches. These searches help uncover any legal, environmental, or structural issues that could impact your ownership and future use of the property. At Blackstone Solicitors, we provide expert conveyancing services across England and Wales, ensuring that all necessary searches are carried out thoroughly to protect your interests.
This article explores the different types of searches conducted during the conveyancing process, why they are essential, and how they impact the overall transaction.
Please click here to find out more about our residential property services.
Free Initial Telephone Discussion
For a free initial discussion with a member of our new enquiries team, get in touch with us today. We are experienced in dealing with all aspects of residential property law and once instructed we will review your situation and discuss the options open to you in a clear and approachable manner. Early expert legal assistance can help ensure you avoid the stress of dealing with these issues on your own. Simply call us on 0345 901 0445 or click here to make a free enquiry and a member of the team will get back to you.
Why Are Property Searches Important?
Property searches provide vital information about the property and the surrounding area. They help buyers make informed decisions and ensure there are no hidden issues that could lead to legal disputes or financial liabilities in the future. Lenders also require searches before approving a mortgage to protect their investment.
By identifying potential problems early, searches can prevent costly surprises and delays in the property transaction.
Key Searches Conducted During Conveyancing
During the conveyancing process, several key searches are undertaken to provide comprehensive information about the property. These include:
- Local Authority Search
A local authority search is one of the most important searches carried out during conveyancing. It provides details on various aspects related to the property, including:
- Planning permissions and building regulations
- Road schemes and traffic management orders
- Conservation areas and listed buildings
- Compulsory purchase orders
- Contaminated land status
A local authority search is usually divided into two parts:
- LLC1 (Local Land Charges Register Search): Checks whether the property is affected by any charges or restrictions, such as tree preservation orders or planning enforcement notices.
- CON29 (Enquiries of the Local Authority): Identifies pending planning applications, road adoption status, and other local issues that might impact the property.
- Environmental Search
An environmental search assesses potential environmental risks associated with the property and surrounding land. This search identifies issues such as:
- Land contamination due to previous industrial use
- Risk of flooding (river, coastal, or surface water flooding)
- Subsidence or ground stability issues
- Proximity to landfill sites or waste treatment facilities
If the environmental search raises concerns, further investigations or remedial actions may be required to ensure the property is safe and habitable.
- Water and Drainage Search
A water and drainage search is essential for understanding how the property is connected to water and sewage services. Conducted with the local water authority, this search provides information on:
- Whether the property is connected to the public water supply and sewer system
- The location of water mains and drainage pipes
- Any existing agreements or restrictions affecting drainage
- Responsibility for maintenance of sewers and drains
Understanding drainage arrangements can help prevent disputes with neighbours and unexpected costs for repairs or maintenance.
- Flood Risk Search
Even if an environmental search provides some flood risk information, a dedicated flood risk search gives a more detailed analysis. This search assesses:
- Historical flooding data for the area
- Risk of flooding from rivers, the sea, or surface water
- Availability of flood defences and their effectiveness
This search is particularly important for properties near bodies of water or in low-lying areas where flooding is a known issue.
- Chancel Repair Liability Search
Chancel repair liability is an ancient legal obligation requiring some property owners to contribute to the upkeep of a local parish church. While relatively rare, this liability can be costly if a claim is made against the homeowner.
A chancel repair liability search checks whether the property is subject to such an obligation. If a risk is identified, buyers can take out indemnity insurance to protect themselves against potential claims.
- Land Registry Searches
Land Registry searches confirm the legal ownership of the property and whether any restrictions or charges are registered against it. Key searches include:
- Official Copy of the Register: Confirms the seller’s legal right to sell the property.
- Title Plan: Identifies the exact boundaries of the property.
- Bankruptcy Search: Ensures the seller is not bankrupt, which could complicate the sale.
- Coal and Mining Search (If Applicable)
For properties located in former or current mining areas, a coal and mining search is conducted to check for:
- Past mining activity that could cause subsidence
- Presence of mine shafts near the property
- Risk of future mining operations affecting the land
This search is particularly relevant in areas with a history of coal, tin, or limestone mining.
- Commons Registration Search
If the property is near common land or village greens, a commons registration search ensures that there are no restrictions that could affect its use. Properties registered as common land may have legal rights allowing public access, which could impact privacy and future development plans.
How Long Do Conveyancing Searches Take?
The time required to complete property searches varies depending on the local authority and the complexity of the property’s history. Generally, searches can take between 2 to 6 weeks. Delays may occur if the local authority has a backlog or if further investigations are required.
What Happens If a Search Reveals an Issue?
If a search identifies potential issues, buyers have several options:
- Request Further Investigations: Additional reports or expert assessments may be needed.
- Negotiate with the Seller: If a problem is identified, buyers can ask the seller to rectify the issue or reduce the purchase price.
- Take Out Indemnity Insurance: If a risk is identified but unlikely to cause immediate harm, indemnity insurance can provide protection.
- Withdraw from the Purchase: If the issues are too significant, buyers may choose to walk away from the transaction.
Conclusion
Conducting thorough property searches is a crucial part of the conveyancing process. These searches provide essential information about the property’s legal, environmental, and structural status, helping buyers make informed decisions and avoid costly surprises.
At Blackstone Solicitors, we offer expert guidance and a comprehensive conveyancing service, ensuring that all necessary searches are completed efficiently. If you are purchasing a property in England or Wales and require professional legal assistance, contact us today to discuss your conveyancing needs.
How we can help
We have a proven track-record of helping clients purchase a new home. We are a multidisciplinary firm and have all the expertise inhouse to satisfy the most exacting requirements of our clients. We will guide you through all the necessary legal due diligence in a comprehensive and timely manner. We firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting.
How to Contact Our Residential Property Solicitors
It is important for you to be well informed about the issues and possible implications of buying a residential property. However, expert legal support is crucial in terms of ensuring a positive outcome to your purchase.
To speak to a member of our New Enquiries Team today, simply call us on 0345 901 0445, or click here to make a free enquiry. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.
Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.
Comments are closed.
