When buying a property in the UK, one of the most crucial steps is conducting local authority searches. These searches provide essential information about the property and the surrounding area, ensuring there are no hidden issues that could affect the purchase.
Whether you're a first-time buyer or an experienced homeowner, understanding local authority searches is vital to making an informed decision.
In this blog, we will explore everything you need to know about local authority searches, including what they are, what's included, and why they are necessary.
Local authority searches, sometimes referred to as property searches, are an integral part of the conveyancing process. They are required by mortgage lenders and recommended by conveyancing solicitors to uncover any local issues that might impact the property you're planning to buy.
These searches are conducted by the local council or an independent agency and provide details on various legal restrictions, planning issues, and environmental factors. The information gathered can influence your decision, allowing you to renegotiate your offer, request changes, or even reconsider the purchase altogether.
Local authority searches are divided into two main parts: the LLC1 and the CON29.
The LLC1 (Local Land Charges Register) search identifies any legal restrictions or charges attached to the property. These can include:
The results of the LLC1 search are legally binding, meaning they apply to both current and future owners of the property.
The CON29 search is more detailed and provides information on a range of issues that could affect the property or the local area. It covers:
These two parts combined provide a thorough overview of any legal, planning, or environmental issues that could affect the property and its surrounding area.
While local authority searches provide a lot of information, they don't cover everything. Additional searches may be required depending on the property's location or other factors. These could include:
There are two types of local authority searches: official and personal.
These are conducted by the local council, using their own staff to examine the Local Land Charges Register. The results are then signed and stamped by a council officer, offering a guarantee of accuracy. However, official searches can sometimes take longer and may be more expensive.
Personal searches are carried out by independent agencies, using the same records as the local council. They are often faster and more affordable than official searches, but some buyers may feel more comfortable with the added reassurance of a council-stamped result.
Many personal search companies provide insurance policies to cover any inaccuracies, making them a viable option in most cases.
The cost of local authority searches can vary significantly depending on the local council and whether you opt for official or personal searches. Here's a breakdown of potential costs:
Some conveyancing solicitors offer search bundles, which include all the necessary reports for a fixed fee, usually between £200-260. These bundles can be a cost-effective option if you want to cover all the bases.
The government's target is for local authority searches to be returned within 10 working days, but timescales can vary widely. Some councils may return results within 48 hours, while others can take several weeks or even months, especially if they're dealing with high demand or have staffing issues.
In 2024, some councils have reported delays of over 25 working days.
For instance, Bolton Metropolitan Borough Council and Wirral Metropolitan Borough Council both have turnaround times of more than 60 days, while Bridgend County Borough Council has reported delays of over 100 days.
It’s essential to check the wait times with your conveyancing solicitor as soon as possible, so you can manage expectations and avoid unnecessary delays.
While waiting for search results can be frustrating, there are a few things you can do to help speed up the process:
As soon as your offer is accepted, ask your solicitor to start the search process.
These are often faster than official searches, though it’s important to check with your solicitor and mortgage lender to ensure they are acceptable.
If there are significant delays, search indemnity insurance may be an option. This covers you in case any issues arise that would have been highlighted in the search, though it is not accepted by all mortgage lenders.
If your searches are delayed, Local Authority Search Indemnity Insurance can provide a temporary solution. This insurance protects you if any issues arise after the purchase that would have been uncovered by the search.
However, some lenders do not accept this insurance in place of full searches, so it’s essential to check with your mortgage provider before proceeding.
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Once you receive the results of your local authority search, it's essential to review them carefully. Keep in mind that the search only covers issues directly related to the property, and it may not include nearby developments.
For example, a search may not reveal plans for large construction projects in the area unless they are directly connected to the property itself.
It’s always a good idea to consult your solicitor and double-check the results with local council planning applications to ensure no surprises arise after you've completed your purchase.
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If you're buying a property with cash, you are not required to carry out local authority searches. However, most solicitors will strongly recommend that you do. Even though you won’t have a mortgage lender requiring the searches, it's important to understand any potential risks that might affect the property in the future.
Local authority searches are typically valid for six months. If your purchase takes longer than this, you may need to order a new search to ensure the information is still accurate.
Local authority searches are an essential part of the conveyancing process, providing valuable information about the property and the local area.
While they can add to the overall cost and time of buying a home, they offer crucial protection against unforeseen issues. Whether you opt for official or personal searches, it’s vital to instruct your solicitor to begin the process as early as possible and review the results thoroughly before completing your purchase.
By understanding what's involved in local authority searches and how to navigate any potential delays, you can make the home-buying process smoother and more informed.
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