What are local authority searches?

When buying a property, you will need to order a set of conveyancing searches including a local authority search. Whilst no mortgage lender will proceed without one, we’d strongly recommend ordering one even if you are buying with 100% cash.

Conveyancing searches, also known as property searches or home searches, ensure you find out about any serious issues or problems with your planned purchase.

Sometimes, conveyancing searches can reveal things which can cause you to re-think your purchase. They may also lead to you reducing the amount of money you are prepared to pay for a property. You may even back out of a property purchase entirely.

Normally home searches are organised by your conveyancer after you have made an offer to buy a property and this has been accepted. Property searches are often the main source of delays when buying property as they take an average of 3-4 weeks to arrive. These then need to be reported on by your solicitor or conveyancer to both yourself and any lender before you can safely exchange contracts.

One of the most important, and often one of the slowest types of conveyancing search is the local authority search.

Why do you need a local authority search?

A local authority search uncovers information held about a property in a local authorities’ records including within their land charges register.

If you do not order a local authority search you will not know a lot of the essential information about the property which, as its owner, you will need to know.

If you are buying with a mortgage your lender will insist that you instruct a professional conveyancer. Most conveyancers will then insist upon immediately ordering local authority searches.

Cash buyers have an alternative option. This is called no search indemnity insurance. This can sometimes be more expensive than simply ordering the local authority searches.

What is included in a local authority home search?

In the UK, local authorities hold a lot of information about every property within their boundaries.

Knowing this information is especially important for a buyer, as it can forewarn about potential issues and any legal restrictions a property may have imposed upon it.

These can include issues with ongoing plans, planning restrictions, listed building status, smoke, tree preservation orders and more.

Local authority searches are divided into two parts, each based around a specific legal document. These are called LLC1 and CON29.

The LLC1

The LLC1, or the Local Land Charge Registry search covers any charges or restrictions affecting an area of land or a property.

This includes information regarding:

• If a property is of architectural and historic interest and therefore has listed building status
• If any conservation areas affect the property
• If any trees in or around the property are subject to preservation orders
• If the property is eligible for an improvement or renovation grant
• If the property is subject to any planning agreements, any enforcement notices, or has any conditional planning consents
• Or if the property is situated in a smoke control zone

All LLC1 restrictions and planning registrations remain legally binding upon a new owner.

The CON29

The second element of a local authority search is the CON29. This form helps to establish if the property will remain a worthwhile investment in the future.

It comes in two parts. The first, the CON29 R contains the information a local authority is obligated to provide.

It includes:

• Information about the road the property is on, such as who maintains it and traffic schemes which may affect it
• Any planning decisions which could affect the property, including proposed tree preservation orders
• The planning and building regulations history of the property, and any current or past planning permission or building regulations breaches
• Proposals for new roads or railways which could affect the property
• Warning about a compulsory purchase order issued for the property
• And information on environmental factors, including whether the house sits on contaminated land or could be affected by radon gas

There is an optional additional part to the CON29. This is the CON29 O, which covers information the local authority is not obligated to provide.

Some mortgage lenders require additional home searches covered under the CON29 O. Your conveyancer will know if this affects you and will be able to order the correct searches.

CON29 O searches can contain information on

• Noise abatement orders
• Common land and village greens
• Proposed private roads
• Public footpaths
• And pollution notices

What is the difference between a council search and a regulated search?

There are two types of local authority searches available in the UK, council (official) searches and regulated (personal) searches.

Neither is necessarily better than the other. The best choice often depends on the location of a property and the policies of the local authority it falls under.

Both council and regulated searches find the same information, but they are conducted and insured in two different ways.

Council Searches

Council searches, formerly known as official searches, are carried out by local authority employees at the Local Land Charges Register.

These have a reputation for taking longer than regulated searches, particularly at some local authorities.

The amount a local authority charges for home searches varies, ranging from £30.00 – £300.00. This is because different councils have different approaches to conducting these searches.

While in the past, council searches were reputed to be more accurate than a regulated search and were preferred by many lenders, this preference is now rare. Most lenders today will also happily accept regulated searches.

Council searches are fully guaranteed by the local authority if a buyer suffers any losses due to their incorrect completion. And so Council home searches are often seen as a safer bet.

Regulated Searches

Regulated searches are carried out by private companies unaffiliated with the local authority. Many industry veterans, including the Homeowners Alliance recommend using regulated searches.

This is because they sometimes have advantages including additional flexibility as well as offering potential time and money savings.

Anyone carrying out a regulated search should be registered with the Property Codes Compliance Board (PCCB). They will also be members of the association of Independent Personal Search Agents (IPSA) and the Council of Property Search Organisations (COPSO).

Regulated searches vary in price, but usually range from £75.00 – £125.00. People using regulated searches are protected from errors in the information they receive by indemnity insurance.

Your conveyancer should know whether a council search or a regulated search will be better in your local authority area.

How long do local authority searches take?

The time taken to complete local authority searches can vary dramatically, depending on where in the country you are.

The UK Government aims for local authorities to complete council based home searches within 10 days. However, some can take as much as 40 days or more to gather the required information. In these areas it can be a better idea to get a regulated search, which will be performed by dedicated professionals.

It is worth noting that some local authority’s prioritise council searches over regulated searches. For this reason, in these areas, council searches can often be a better idea.

As you instruct your solicitor to complete the conveyancing process, ask which type of local authority search will be quicker in your area.

How long do local authority searches last

A local authority search is valid for six months, no matter if it is a council search or a regulated search.

This means that if a property purchase is taking an exceptionally long time, it may be necessary to order a further local authority search before exchange of contracts. For example, if a local authority search were ordered in January, and the transaction had not been completed by July, a second search would be necessary.

What is not included in a local authority search?

While a lot is covered under a local authority search it does not tell you everything you need to know about a property.

Lots of environmental factors, including flooding risk, proximity to waste sites, and any information on mines laying under the property are not included in the search.

On top of this, local authority searches do not include information held by the local water company, including on public sewers or water pipes which may run through the property. Most conveyancers recommend ordering a separate environmental and water search when buying a property to ensure you have access to this information.

There are also limitations to local authority searches from a planning point of view. Namely, planning notices announced after the search will not be caught by the initial search. If you need to check for additional planning notifications most local authorities keep an online record of planning notices on their websites. These can be searched by postcode to find out about any proposed developments affecting a certain property.

Finally, local authority searches do not show if a property is liable to contribute for chancel repair, river, or canal maintenance costs. These issues require additional separate conveyancing searches.

Local authority search indemnity insurance

If your home searches are delayed, one option is to take out local authority search indemnity insurance.

This type of insurance is sometimes available very cheaply, often for as little as £30.00. But this should not be considered a perfect replacement for completed searches.

While taking out an insurance policy means you are insured in the event a local authority order reduces the value of your property, it will not protect you from reduced enjoyment of the property due to local issues and threats.

In addition, many mortgage lenders will not accept local authority search indemnity insurance in place of full searches.

In Summary

Ordering local authority searches is a vital part of the house buying process. Ultimately it establishes anything that may affect the value of the property you are intending to buy. And anything that is found to be detrimental could result in you re-thinking your purchase.

We recommend you take the time to decide which type of searches to order and which way to order them.

Thankfully, requesting and understanding the contents of local authority searches is something that your solicitor or conveyancer will be only too happy to help with.

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