Searches and Enquiries

Searches (definition)

enquiries made to obtain information about a property from public bodies or companies

Purpose of searches

identify risks before exchange due to caveat emptor

Who carries out searches

usually buyer’s solicitor

When searches done

as early as possible due to delays

Requirement for funds

firms may require money on account before ordering

Standard searches

core searches carried out in most transactions

Local search

enquiries of local authority (CON29 + LLC1)

CON29

reveals planning, building regulations, roads and enforcement matters

LLC1

reveals local land charges affecting property

Drainage and water search

checks water supply and sewer connections

Environmental search

identifies contamination, flood risk and subsidence

Chancel repair search

checks liability to contribute to church repairs

Optional searches

additional searches depending on property/location

CON29O enquiries

optional local authority enquiries (e.g. common land/village green)

Highways search

confirms access to adopted highway and road schemes

Mining searches

assess subsidence risk (coal, salt, minerals)

Flood search

detailed flood risk assessment

Utility search

checks connections and infrastructure

Railway search

identifies nearby or proposed railways

Waterways search

identifies rights and liabilities relating to rivers/canals

Environmental Phase 1

detailed desktop + site inspection for contamination risk

Environmental Phase 2

testing of soil/water if contamination suspected

NLIS

online system used to order searches via providers

Official local search

carried out by local authority (more reliable)

Personal search

carried out by search agency (faster but less reliable)

Planning information (CON29)

shows planning permissions and refusals

Enforcement notices

revealed by LLC1 and CON29

Article 4 direction

restricts permitted development rights

Listed building

restrictions on alterations

Conservation area

stricter controls on external changes

Adopted road

road maintained by local authority

Importance of adopted road

ensures legal access

Compulsory purchase

authority can force sale of property

Contaminated land notice

serious issue affecting property use/value

Tree preservation order

restricts cutting or altering protected trees

Index map search (SIM)

shows registered/unregistered land boundaries

MapSearch

informal Land Registry map tool (not guaranteed)

Land charges search (K15)

checks charges against owners (unregistered land)

Bankruptcy search (K16)

checks insolvency status of individual

Company search

checks company status and charges

Key exam point

standard searches always required

Key exam point 2

optional searches depend on risk and location

Key exam point 3

searches form part of investigation of title