What Are Conveyancing Searches?

What are conveyancing searches?

Property searches are enquiries made by your solicitor to find more information about a property you plan to purchase. They're also known as conveyancing searches. As part of the homebuying process, your conveyancer will carry out a variety of 'searches'. Conveyancers will do this with the local authority and other parties during the conveyancing process.

The main searches when buying a property are:

1. Local Authority Search
2. Water and Drainage Search 
3. Environmental Search

There are various aspects that searches include. Perhaps a conveyancer wants to know whether planning permission may be granted for a future development that would negatively impact your property. Maybe they want to understand the quality of the ground on which your house is built. Or they're looking for details of common drains and access rights.

The conveyancing searches should be completed and approved before you exchange contracts. This would be prior to legally committing yourself to purchasing the property.

Why are conveyancing searches important?

Conveyancing searches are important as they identity any problems with the property you are going to purchase. They may highlight planning or structural issues. Such things could either affect the value of the property, or result in additional costs further down the line.

If you are purchasing a house using a mortgage then it is compulsory to carry out Local Authority, Water and Drainage, and Environmental searches. This is because lenders will want to protect their investment and be aware of any issues.

How long do conveyancing searches take?

There are over 340 local authorities across the UK and searches are managed differently in each. So, turnaround time can take anything from 48 hours to several weeks.

Local searches can vary due to the method in which your local authority return search results. For example, if you receive your search results via an online portal or email this will be much quicker than by post.

Many local authorities only have small teams working in the Land Charges departments. So, during busy periods it could take longer for them to return your search results.

What are the different types of conveyancing searches? 

There are a variety of property searches that can be carried out. Some of these are mandatory if you are buying with a mortgage, and some are additional searches you may want if they are relevant to the property you are looking to buy.

Local Authority Searches 

A local authority search will provide you with detailed information about your property and the surrounding areas. This will give you peace of mind before going ahead with the purchase of your new home. The local authority search will ensure you avoid any nasty surprises in the future.

There are two parts to a local authority search, a LLC1 result and a CON29 result.

The LLC1 results will tell you if the property:

• Is a listed building
• If the property is located in a conservation area
• Is situated in a tree preservation order area
• Needs an improvement or renovation grant
• Is in a smoke control area

Any future development plans that could affect your property are assessed by CON29. The CON29 results are broken down into two different parts (required and optional). The required results will reveal:

• Proposals for new roads or traffic schemes
• Contaminated land
• Planning decisions affecting your property
• Building regulations
• If your property is in a Radon affected area

From time to time additional information may be required using the CON29 form. Examples include road proposals by private bodies, completion notices, land maintenance notices and environmental and pollution notices. CON29 works to assess any changes that could be made in the near future that may affect your property.

Water, drainage, and other property searches

It is also recommended for First Time Buyers to apply to the local water company responsible for the property. They should ask for confirmation that the sewers, drains and piping are maintained by them. A water and drainage search carried out by your conveyancer will also highlight the proximity of the property to public sewers. You'll be able to discover whether the property has a sewer running within the boundaries of the property. 

Environmental search

An environmental search identifies whether the previous land use of the property creates a potential environmental risk. This type of search will highlight issues including:

• Landslips
• Subsidence
• Contaminated land due to historic landfills and waste sites
• The risk of flooding from nearby rivers or seas

Other searches

In certain cases, your conveyancer may recommend carrying out the following non-routine searches, depending on the location of the property:

Commons registration 

A search is recommended if a property borders common land, a village green, or is in a rural area. This is in accordance with the Commons Registration Act of 1965. This property search should also be carried out when purchasing agricultural land. 

Mining search

A mining search is required if the property is situated in an area of previous or current mining history and is at risk of being built on unstable ground. This search is largely carried out for the benefit of the mortgage lender.

Land charges 

This is a search that should be taken when dealing with unregistered land. It must detail any bankruptcy proceedings attributed to the owner of the land. It will also highlight if there are any restrictions on the use of land, estate contracts and mortgages.

Chancel repair liability

All parochial church councils in England and Wales were given until October 2013 to identify and register any land bound to chancel repair liability. This information is kept by the Land Registry and stored on the Title Register database. So, if you buy or inherit a property and you live within the parishes of the church, it's worth checking if you are liable to contribute towards the cost of repairs to the church.

First Time Buyers should be mindful that property searches will often flag up things about a property you might not have considered. Therefore, it's important to discuss the results with your conveyancer when buying a house. Seek other opinions from people with knowledge of the buying process and the local area. 
 

Conveyancing Searches FAQs

What are the 3 main searches when buying a house?

The three main searches that will need to be done are:

• Local Authority 
• Water and Property 
• Environmental

These searches are compulsory when purchasing a property with a mortgage.

What is the purpose of a conveyancing search?

The purpose of a conveyancing search is to uncover more information about the property you intend to purchase.

If you are purchasing with a mortgage, then lenders will require that the three main searches are done to protect their investment.

What happens next after conveyancing searches?

After searches have been carried out and the mortgage lender and you are happy with the results, the process will move onto the exchange of contracts.

Can you buy a house without doing searches?

If you are purchasing a house with a mortgage, then it is compulsory for you to have searches carried out. Although it is not a legal requirement if you are a cash buyer, it is still recommended.

Carrying out these searches ensures that you are fully aware of any issues with the property that you might not be aware of and can save you from any unexpected costs down the line.

Who pays for conveyancing searches?

The buyer of the property is the one that pays for the conveyancing searches.

How long are property searches valid for?

Property searches are typically valid for six months.