Why these searches are an essential due diligence exercise
A solicitor search is undertaken by your legal representative to uncover any hidden risks or encumbrances associated with the property you're about to purchase. It involves looking into various official databases and records, scrutinising information held by local authorities, environmental agencies, utility companies, and the Land Registry.
Some of the questions a solicitor search can answer include:
Is the seller the legal owner of the property they're selling you?
Are there any outstanding mortgages or charges secured against the property?
Is the property built on stable ground, or is there a risk of subsidence or landslides?
Are there any outstanding water or drainage bills associated with the property?
Are there any historical or potential mining rights associated with the land that could restrict future development or pose safety risks?
These searches reveal any discrepancies or potential fraudulent claims, and ensure you're not inheriting someone else's financial burden, reveal hidden geological hazards, and help you avoid inheriting someone else's financial obligations.
Why do solicitors conduct searches during the home buying process?
From crucial details such as planning history and potential development plans impacting the property to natural hazards like flooding, ground stability issues, or contamination by pollutants, solicitor searches offer valuable information on any potential drawbacks for you to negotiate better or even walk away from a risky deal.
Unforeseen problems can affect the property's value. That's why solicitor searches can prevent future headaches and potential legal disputes by flagging hidden issues before contracts are exchanged. Lenders also rely on searches to assess the property's risk and secure their investment. Without them, your mortgage approval might be jeopardised.
Beyond uncovering issues, solicitor searches can also identify new property-related opportunities. For instance, discovering planning permissions granted for extensions or renovations could enhance the property's value.
Do I need to have searches conducted?
If you're financing your purchase with a mortgage, your lender will ask you to have one. They need to ensure the property doesn't carry hidden risks that could affect its value or their investment. They typically require standard searches like local authority, Land Registry, and environmental searches to assess the property's viability and potential security risks.
On the other hand, if you're a cash buyer, searches can be optional. However, this does not mean that even without a lender's pressure, you should not protect your personal investment and safeguard yourself from unforeseen problems.
What types of searches do solicitors conduct?
Local Authority Search
This investigates potential legal and planning issues associated with a property by looking at records held by the Local Land Charges Register and the relevant local authority. This uncovers legal restrictions such as tree preservation orders, conservation area or listed building status for LLC1 or Official Certificate of Search Form.
For CON29 (Enquiries of the Local Authority Form), it reveals planning history, building control records, potential enforcement actions, restrictions on permitted development, nearby road schemes, and information about contaminated land.
A Local Authority Search also focuses on:
1. Planning
Did the previous owner bypass the proper channels for renovations? Are there approved or rejected planning applications for the property or its vicinity? These can impact future development potential or introduce unwelcome changes to the surrounding area.
2. Building control
For certain locations, such as those built on reclaimed land, modifying the property might be subject to specific limitations. These restrictions can be revealed during the search.
3. Road ownership
Does the property access its surroundings through a private or unclaimed road? These carry the potential burden of maintenance responsibilities falling on you as the owner.
4. Environmental factors
Is the property located in a low emission zone or subject to specific environmental regulations? Have any environmental hazards been identified on the property or in its vicinity? Acting early on the findings can safeguard you from potential health concerns or future remediation costs.
Environmental Search
This goes beyond the scope of local authority searches by investigating the property's environmental history and surrounding area to uncover potential risks you might not otherwise see. While some environmental risks might be covered by local authority searches, not all are. Reclaimed land, past industrial uses, and specific land instability issues could slip through the cracks. These hidden environmental issues can cause significant financial harm in the future.
It covers the following:
1. Flood risk
Does the property reside in a flood zone? These zones categorise risk levels (e.g., Zone 1 - low risk, Zone 3 - high risk) based on historical flood events and future predictions.
Past flooding incidents in the area are analysed by this type of search to provide insight into the frequency and severity of potential future events. It assesses the property's elevation, drainage systems, and surrounding topography to determine its individual vulnerability to flooding.
2. Subsidence risk
Is the ground beneath your feet stable? In this search, records of past subsidence events in the vicinity are analysed to predict the likelihood of future ground movement, as well as any history of mining activity in the area, since abandoned mines can lead to ground instability over time, and to prevent future structural damage and financial woes.
3. Contaminated land
Was the property or its vicinity used for industrial activities or waste disposal? Environmental searches reveal past land uses and potential contamination risks, and anything included in historical records such as past industrial activities, waste disposal sites, or other potentially contaminating uses of the land.
Information about existing regulations and potential liabilities associated with contaminated land is uncovered to plan for future cleanup costs and responsibilities.
4. Land instability
An Environmental Search analyses the topography, ground conditions, and potential triggers (e.g., heavy rainfall) to assess the risk of landslides in the area. It goes beyond flood and subsidence to investigate factors like landslips, sinkholes, and ground instability.
It also assesses the angle and composition of slopes surrounding the property and identifies potential risks associated with soil erosion or slope collapse, so your future home stands on solid ground.
Land Registry Search
This search looks into the property's legal boundaries and ownership history through the Land Registry where ownership details for most properties in England and Wales are catalogued, and property deeds are electronically stored. The Land Registry is the first port of call for solicitors conducting conveyancing searches for a more secure and legally sound transaction.
It uncovers any legal restrictions or covenants attached to the property, such as limitations on alterations or extensions, rights of way for neighbours, historical preservation requirements, and restrictions on business use.
Examples of information you might discover, include:
A restrictive covenant preventing you from building a second story.
An easement allowing a neighbour to access a shared driveway.
An outstanding mortgage that needs to be cleared before the sale.
A discrepancy between the physical boundaries and those on the title plan.
Water Authority Search
Unexpected issues with water availability, pressure, or billing can lead to unpleasant surprises and potentially costly fixes. This search exposes such issues upfront. Building regulations often mandate specific water metre requirements or limitations on modifications to water supply systems.
Knowing the source, quality, and legal aspects of your water supply guarantees peace of mind, helps you plan for potential fluctuations, allows you to select the right type of appliances, and ensures a smooth transition to your new water usage habits.
This search covers the following:
1. Connection status
It confirms whether the property is connected to the public water supply and identifies the specific supplier.
2. Water mains and metres
It reveals the location of public water mains within the property boundaries and whether a water metre is installed.
3. Water pressure and hardness
It assesses the likely water pressure at the property and the water hardness classification to help you plan for potential fluctuations or invest in softening systems.
4. Billing arrangements
It uncovers the water company responsible for billing and clarifies whether charges are based on metred usage or a fixed rate.
5. Adoption agreements
In some cases, private water mains might exist. A Water Authority Search can clarify any adoption agreements in place with the water company to determine future maintenance responsibility.
Chancel Repair Search
A chancel repair is a historical obligation dating back to the Middle Ages, when landowners (or rectors) were responsible for church maintenance. Over time, this responsibility shifted to certain land parcels (or rectorial land), even when ownership changed hands. Since 2013, new owners are only bound by chancel repair liability if it's explicitly registered with the Land Registry. The obligation typically covers major repairs and structural work on the chancel, not routine maintenance.
If your property falls under rectorial land, you could inherit the chancel repair liability as part of the purchase. The financial burden can impact your budget and future plans. Therefore, early awareness and due diligence are crucial to avoid potential legal disputes and financial surprises.
These comprehensive investigations, conducted by your solicitor, reveal whether your property is subject to any chancel repair liability.
Canal and River Search
If you live near a river or canal, this search taps into the records of the Canal & River Trust (CRT) or other relevant navigation authorities. It covers:
Your rights and responsibilities such as mooring rights for your boat
Fishing privileges
Your responsibility for maintaining a footpath alongside the waterway
Any fees associated with using the waterway or maintaining its banks
Restrictions on boat sizes or times of operation
Any known hazards or flooding risks specific to the area
Future canal or river works that could affect your property access or enjoyment
By understanding any restrictions or regulations, you can secure the right to utilise the towpath for leisurely walks and scenic cycling, or enjoying the vibrant lifeblood of the canal with direct access from your doorstep.
Location Search
Standard searches might miss crucial risks specific to your property's location or history. A Location Search brings hidden hazards to light. This includes other aspects of the above searches such as:
Flood risk that goes beyond standard flood zone checks, analysing specific factors like ground elevation, drainage systems, and historical flooding events to assess your property's individual vulnerability
Subsidence risk such as geological records and past incidents to identify areas prone to land subsidence, preventing future structural damage and financial burdens
Contaminated land that includes historical land uses' and potential industrial activities' risks associated with contaminated soil or water
Land instability that goes beyond flood and subsidence, these assessments investigate factors like landslides, sinkholes, and slope stability, ensuring your property stands on solid ground
Mining activity to uncover potential risks from abandoned mines or unstable terrain, protecting your investment from future threats
Highways and infrastructure where the proximity and impact of major roads, railways, or infrastructure projects are evaluated, allowing you to anticipate potential noise, traffic, and environmental concerns
Planning approvals and future developments to reveal existing planning permissions or proposals for nearby developments
Conservation areas and listed buildings where the property falls within a conservation area or near listed buildings for specific restrictions and considerations regarding future alterations or renovations
Coal Mining and Mining Search
A charming cottage or a spacious rural home may be attractive but beneath the surface could lie unseen dangers linked to mining activity. This will delve into historical and geological depths to unearth potential risks associated with past mining operations near your desired property.
This covers the following:
Presence of past mining seen in historical records and geological maps to determine if your property sits on or near land once used for coal or other mineral extraction.
Abandoned mine shafts and tunnels lurking beneath the surface
Subsidence risk such as the likelihood of ground subsidence due to past mining activities
Contaminated land mining that can leave behind soil and water with heavy metals, chemicals, or mine gases
Mineral rights and future mining potential where it holds residual mineral rights or be at risk of future mining activity
How long do solicitor searches take?
The timeframe can vary depending on several factors. For example, older properties, those in historic areas, or those with unusual features might require additional research and scrutiny, extending the search timeframe. Other reasons may include your solicitor's workload backlogs, or certain records that are unavailable or those that require retrieval from archives.
Here's an estimated timeframe for each type of search:
Local authority searches: 1-6 weeks, but can be quicker in some areas or longer if additional inquiries are needed.
Water authority searches: 5-20 working days, although some water companies offer expedited services for an additional fee.
Chancel repair searches: May be immediate if conducted electronically, but physical searches of historical records can take weeks or even months.
Canal and river searches: 1-2 weeks, but could take longer for complex cases or waterways with multiple navigation authorities.
Location/situation specific searches: A few days to several weeks, depending on the specific search being conducted and the complexity of the investigation.
Coal mining and mining searches: 1-2 weeks for standard searches, but more in-depth geological surveys can take longer.
Do search costs vary depending on location?
Different local authorities charge different fees for their searches. The cost can depend on the size of the authority, the complexity of the area, and the volume of searches they process.
Your solicitor can provide you with specific cost estimates based on the search types you need and their knowledge of local search fees.
Frequently Asked Questions (FAQs)
1. Can I avoid searches to save money
Skipping essential searches might seem like a way to save, but it can lead to hidden risks and expensive problems down the line. Consider the long-term benefits of thorough searches versus potential future costs.
2. What happens if a search reveals a problem?Your solicitor will discuss the findings with you and advise on potential solutions. This could involve negotiating with the seller, adjusting the purchase price, or even pulling out of the purchase. Open communication with your solicitor is key during this stage.
3. Can I have the search expedited?In some cases, this is possible. But be aware that expedited searches often carry an additional fee.
4. Can I request additional searches beyond the standard ones?Yes, you can discuss any specific concerns or potential risks with your solicitor and request additional searches like coal mining, radon gas, or subsidence investigations.
5. Do I need separate searches for buying a leasehold property?Yes, leasehold properties require additional searches related to the lease terms, building management, and ground rent. Your solicitor will advise on the specific searches needed.
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