Consolidation: Searches, Enquiries, and Planning

Why are pre-contract searches and enquiries necessary?

Because of caveat emptor – buyer’s solicitor must investigate issues beyond title, using standard and optional searches plus enquiries.

What two components make up the local search?

• LLC1 (Local Land Charges Register)

• CON29 (local authority enquiries)

What does LLC1 reveal?

Debts against property, granted planning permissions, enforcement notices, Article 4 directions, conservation/listed status, tree preservation orders.

What does CON29 reveal?

Planning applications (granted/refused/pending), building regs approvals, adopted roads/ROW, compulsory purchase, contaminated land (limited).

What does a drainage & water search check?

If property is connected to public sewer and mains water.

What does a desktop environmental search check?

Historic contamination risk, flooding, subsidence, industrial uses. (But won’t pick up unrecorded contamination).

Why is a chancel repair search needed?

Historic church liability can be costly; rare but insurable. Still standard despite change in overriding interest rules (2013).

What is an index map search used for?

Unregistered land, multiple titles, or mineral rights exceptions. Confirms extent of registered/unregistered land.

What is a land charges search?

Checks against seller and previous owners in chain for unregistered land.

What does CON29O enquiry 22 check?

Commons/village green status (restricts development).

What does a highways search show?

Plan confirming whether public highway abuts property boundary.

When are mining searches needed?

Coal mining areas (subsidence risk), Cheshire (brine), Cornwall/Devon (tin).

What does a waterways search cover?

Liability for river/canal bank maintenance, towpath rights. (Not flood risk).

What does a flood search provide that environmental search does not?

More detailed, property-specific flood risk profile.

What are Phase 1 and Phase 2 environmental surveys?

Phase 1: site inspection. Phase 2: soil/water samples tested.

When is planning permission required?

For “development” – building works/demolition or material change of use (unless PD under GPDO).

What does an Article 4 Direction do?

Disapplies/modifies GPDO rights locally (common in conservation areas)

What is the difference between planning permission and building regulations approval?

Planning = control of use/appearance. Building regs = health/safety/structural standards.

How is building regulations approval given?

2 stages – (1) full plans approved, (2) inspection & certificate of compliance.

Do changes of use need building regs approval?

Not alone, but usually involve works which do.

Planning enforcement deadlines (pre–25 April 2024 in England & in Wales)?

4 years = building works/single dwelling use. 10 years = other changes of use or breach of condition.

Planning enforcement deadlines (England after 25 April 2024)?

10 years for all planning breaches.

Building regs enforcement deadlines (old / Wales)?

6 months from discovery to prosecute (max 2 years from completion); 12 months for enforcement notice; injunction = no limit.

Building regs enforcement deadlines (England now)?

Unlimited for prosecution; 10 years for enforcement notice; injunction = no limit.

Buyer’s options for unresolved planning breaches?

Indemnity insurance, retrospective permission, compliance with condition.

Buyer’s options for unresolved building regs breaches?

Indemnity insurance, regularisation certificate, remedial works.

Why are indemnity policies limited for building regs breaches?

Cover financial enforcement loss, but not safety risks/personal injury.

Enforcement tools 

Enforcement notice, stop notice, breach of condition notice, injunction.