PROPERTY LAW AND PRACTICE REVISION GUIDE
FREEHOLD
,PRE-CONTRACT SEARCHES AND ENQUIRIES
COMPULSORY
Local Land Charges Search (LLC1)
What is it?
Only way to find out about local land charges
Register kept by local authority
Shows:
Planning permissions that have been granted
Other planning matters e.g. enforcement or stop notices
Tree preservation orders
Smoke control orders
That the area is a conservation area
Financial charges e.g. road-making charges
Enquiries of Local Authority (CON29)
What is it?
Contains a list of standard enquiries
Deals with some matters that are not dealt with at all by LLC1 e.g. building
regulations approval
Shows:
Whether there are private or public roads adjacent or near the property
important to know if L.A. has plans to adopt private roadways
Any public rights of way which abut on or cross the property in question
Planning and building decisions and pending regulations
Planning Permission
Listed Building Consent
Conservation Area Consent
Building Regulations Approval
Highways Search
Shows:
Whilst CON29 shows whether there are roads in vicinity of property which are
maintainable at public expense, Highways Search includes a plan, showing
exactly where the highway ends and private land begins
Purpose:
Ensure that the property abuts a public highway
Drainage and Water Search (CON 29DW): Standard form for residential properties
Shows:
whether foul and surface water from the property drain to a public sewer
whether the property is connected to a mains water supply
, Desktop Environmental Search
Law Society issued "Contaminated Land Practice Note" to solicitors in 2016
All solicitors MUST consider whether land contamination is an issue in all
conveyancing transactions since an owner may be liable for costs of cleaning
contamination even if they were not responsible for it
Some environmental info given by CON29 but only indicates whether or not LA
has served any notices under the environmental legislation
Shows:
Whether the property has ever been used for a contaminative use
Whether the property is likely to flood or subside
Structural Survey and Physical Inspection
Valuation report: made by a valuer on behalf of a lender to ensure that the value
of the property is accurate and that the value will cover the amount of the loan
Homebuyer's survey
Full structural survey: detailed examination of condition of property and is
essential for old buildings
Chancel Repair Search
only affects properties in parishes in which there is a medieval church
responsibility for church (repair liability) attached to ownership of properties within
the parish
Formalities
Before 13 Oct 2013: chancel repair liability was an overriding interest which did not
require registration to bind the buyer
After 13 Oct 2013: chancel repair liability lost its overriding interest but does NOT mean a
buyer will automatically buy free of any liability simply because there is no mention of it on
the charges register
Search of the Index Map (SIM)
Registered Land
Reveals whether any 3rd party titles are registered against the title to the property
Ascertain the owner of neighboring land if the plan accompanying the form SIM
includes neighboring property
Reveal if land searched against is registered or unregistered and if registered, will
reveal the registered title number
Unregistered Land
Whether any part of the title has already been registered
Is there a caution against first registration or an application to register a caution
against first registration RY SEARCHES
FREEHOLD
,PRE-CONTRACT SEARCHES AND ENQUIRIES
COMPULSORY
Local Land Charges Search (LLC1)
What is it?
Only way to find out about local land charges
Register kept by local authority
Shows:
Planning permissions that have been granted
Other planning matters e.g. enforcement or stop notices
Tree preservation orders
Smoke control orders
That the area is a conservation area
Financial charges e.g. road-making charges
Enquiries of Local Authority (CON29)
What is it?
Contains a list of standard enquiries
Deals with some matters that are not dealt with at all by LLC1 e.g. building
regulations approval
Shows:
Whether there are private or public roads adjacent or near the property
important to know if L.A. has plans to adopt private roadways
Any public rights of way which abut on or cross the property in question
Planning and building decisions and pending regulations
Planning Permission
Listed Building Consent
Conservation Area Consent
Building Regulations Approval
Highways Search
Shows:
Whilst CON29 shows whether there are roads in vicinity of property which are
maintainable at public expense, Highways Search includes a plan, showing
exactly where the highway ends and private land begins
Purpose:
Ensure that the property abuts a public highway
Drainage and Water Search (CON 29DW): Standard form for residential properties
Shows:
whether foul and surface water from the property drain to a public sewer
whether the property is connected to a mains water supply
, Desktop Environmental Search
Law Society issued "Contaminated Land Practice Note" to solicitors in 2016
All solicitors MUST consider whether land contamination is an issue in all
conveyancing transactions since an owner may be liable for costs of cleaning
contamination even if they were not responsible for it
Some environmental info given by CON29 but only indicates whether or not LA
has served any notices under the environmental legislation
Shows:
Whether the property has ever been used for a contaminative use
Whether the property is likely to flood or subside
Structural Survey and Physical Inspection
Valuation report: made by a valuer on behalf of a lender to ensure that the value
of the property is accurate and that the value will cover the amount of the loan
Homebuyer's survey
Full structural survey: detailed examination of condition of property and is
essential for old buildings
Chancel Repair Search
only affects properties in parishes in which there is a medieval church
responsibility for church (repair liability) attached to ownership of properties within
the parish
Formalities
Before 13 Oct 2013: chancel repair liability was an overriding interest which did not
require registration to bind the buyer
After 13 Oct 2013: chancel repair liability lost its overriding interest but does NOT mean a
buyer will automatically buy free of any liability simply because there is no mention of it on
the charges register
Search of the Index Map (SIM)
Registered Land
Reveals whether any 3rd party titles are registered against the title to the property
Ascertain the owner of neighboring land if the plan accompanying the form SIM
includes neighboring property
Reveal if land searched against is registered or unregistered and if registered, will
reveal the registered title number
Unregistered Land
Whether any part of the title has already been registered
Is there a caution against first registration or an application to register a caution
against first registration RY SEARCHES
