Property searches are enquiries your solicitor raises with relevant authorities to find out whether there are any issues with a property you are planning to buy.
Without searches you might discover a serious problem when you move into your new home. By this time, it will probably be too late to do anything about it.
If you are borrowing money to buy a home, most searches will be a condition of your mortgage.
What are the types of property searches?
There are four main property searches: local authority, environmental, water and drainage, and title.
Depending on the location of the property you are buying, additional searches might be needed.
Local authority searches
Local authority searches have two parts:
- Local land charges certificate (LLC1)
- Enquiries of the local authority (CON29).
Together these searches will tell you if a property:
- Has debts against it.
- Is in breach of any planning permission.
- Is a listed building.
- Is in a conservation area or subject to a tree preservation order.
- Is listed on the Contaminated Land Register.
- Is in an area with high radon gas.
- Is in a smoke control area.
- Is affected by new traffic planning schemes.
Environmental search
An environmental search will reveal whether:
- A property may have been built on contaminated land.
- There is a flood risk.
- There are levels of high radon gas in the area (also see ‘Local authority searches’ above).
- There is a risk of subsidence or landslips.
If you move into a property that is found to have been built on contaminated land you may have to pay for the clean-up yourself, which can be extremely costly. Under the Environment Protection Act the company or person who caused the land to become contaminated is responsible for cleaning it up. However, if they cannot be traced then responsibility passes to the current landowner.
Drainage and water searches
These searches tell you if a property:
- Has a public sewer running inside the property boundary lines.
- Is connected to mains water and sewage systems.
Searches will reveal how these factors might affect your property.
Title searches
Your solicitor will check the title register and title plan of the property to make sure the person selling the property is the legal owner and has the right to sell it to you.
The title searches will show:
- Where the property is located.
- Who owns the property.
- Who has previously owned the property.
- How much the current owner paid for the property.
- Whether there is any debt against the property.
Additional searches
In some areas your solicitor may advise you that extra searches should be carried out.
These are some of the most usual additional searches:
Chancel repair search
If you are buying a property in the parish of a church built before 1536 you may be liable for chancel repairs. An ancient law means thousands of homeowners have to pay their local church council if repairs need to be carried out to the chancel of a local church.
As this piece of legislation is historic, liability is rarely recorded on the title deeds to a property, but it is still enforceable. Your solicitor may need to check whether the law could affect you.
Where there is no risk of liability you will be issued with a certificate of confirmation.
Commons registration search
If you are buying a property in the countryside and access to the property is across open land your solicitor may suggest carrying out a commons registration search.
The search will check whether the land you cross to access your property is registered as common land under the Commons Registration Act 1965. If it is registered, the local community might have the right to use the land for cattle grazing, village events or other uses.
Flood risk report
An environmental search will tell you whether a property is at risk of flooding, but a flood risk report gives you more detail. This will tell you the type of flood risk (groundwater, rivers etc.), the likelihood of flooding and the possible flood depth.
If a property is at risk of flooding your solicitor will automatically request a flood risk report.
Mining search
Properties built where mining or quarrying has taken place may be at risk of subsidence, landslips and other problems. Your solicitor will make search enquiries with the Coal Authority.
If you are taking out a mortgage and you are buying a property in an area of potential risk this search will be a requirement of your lender.
When are searches ordered by a solicitor?
Your solicitor will order searches once you have had your offer accepted on a property. You will need to pay for the searches upfront. The cost depends on the local authority, but it is usually around £300.
If your solicitor later finds you need an additional search, such as a flood risk report, this will mean additional cost.
How long do property searches take?
Most property searches (environmental, drainage and water, flood risk etc.) normally take 2-3 weeks. However, local authority searches can take several months. The length of time searches take varies between local authorities.
If your initial searches uncover anything of concern, the process will take longer because your solicitor may order further searches to investigate.
How long after searches will exchange of contracts take place?
Once searches have been completed satisfactorily it normally takes another 2-3 weeks to exchange contracts.
Mortgage issues, personal matters such as illness, and other factors can affect the length of time between searches being completed and exchange of contracts.
Are you moving house?
If you are moving house, our conveyancing solicitors at Insight Law are here to answer your questions. Whether you want to understand more about property searches, deposits, mortgages or any aspect of the conveyancing process we can help.
For advice about conveyancing, or for a quote please call us today on 02920 093 600.
Our experienced team are regulated by the Solicitors Regulation Authority (SRA) and accredited by the Law Society’s Conveyancing Quality Scheme (CQS).