Searches in conveyancing

Why are searches needed before exchange of contracts?

Because of caveat emptor (buyer beware) — the buyer’s solicitor must find out as much as possible before the buyer becomes contractually bound.

Who usually carries out searches?

The buyer’s solicitor (though sometimes seller’s solicitor or lender’s solicitor, e.g. on remortgage).

When are searches usually raised?

After contract papers are received; as early as possible, as some searches take weeks.

What are the 4 standard searches?

1. Local search (LLC1 + CON29)

2. Drainage and water search

3. Desktop environmental search

4. Chancel repair search

Locan search

Two parts:

• LLC1: search of local land charges register (e.g. planning consents, listed building status, conservation area, compulsory purchase orders, TPOs).

• CON29: enquiries of local authority re planning, building regs, roads, rights of way, contaminated land, etc.

LLC1

search of local land charges register (e.g. planning consents, listed building status, conservation area, compulsory purchase orders, TPOs).

CON29

enquiries of local authority re planning, building regs, roads, rights of way, contaminated land, etc.

What is the difference between LLC1 and CON29 for planning?

LLC1 only shows granted planning consents, while CON29 shows full planning history and enforcement notices.

What does enquiry 2 of CON29 reveal?

Whether roads are adopted highways or subject to adoption order.

What does enquiry 3.13 of CON29 reveal?

Whether a contaminated land notice has been served.

What does a drainage & water search check?

If property is connected to mains water/sewer, foul/surface water drainage, easements, water quality, charging basis.

What does a desktop environmental search cover?

Contamination risk, historic land uses, flooding, subsidence, radon, industrial uses within 250m.

What does a chancel repair search check?

Whether property is in a parish where owners may be liable to contribute to repairing the parish church.

What is a personal local search?

A private agency inspects local records instead of waiting for the authority. Faster/cheaper but not official and less reliable.

What does the Drainage and Water Search check?

Whether foul and surface water drain to public sewers; whether connected to mains water; and location of public sewers/water mains.

What does a Desktop Environmental Search show?

Historic land use, potential contamination, flooding risk, natural subsidence risk, landfill, industrial uses within 250m.

Why is a Chancel Repair Search done?

Some properties are liable to contribute to pre-Reformation church repairs; indemnity insurance is available if risk flagged.

What is a Highways Search used for?

To confirm boundaries of public highway; needed if unclear whether property abuts highway, or for commercial property.

What is a Coal Mining Search (CON29M)?

Required in areas affected by coal mining; checks for subsidence risk, mine entries, gas emissions, and whether compensation already paid.

What does a Companies Search reveal?

Confirms company’s existence, solvency, and shows registered charges.

What does a Bankruptcy Search (K16) reveal?

Whether seller or buyer (taking a mortgage) is bankrupt.

What role does the National Land Information Service (NLIS) play?

It acts as an intermediary for ordering searches online from public bodies (local authority, Land Registry, Environment Agency, etc.).

Summary – what kinds of searches may be needed?

Standard searches (always)

Optional searches (circumstances)

Title/seller searches (depending on title/seller)

From where would you order any official searches from?

A channel provider like SearchFlow

Always order in transaction

Drainage and Water