Category: Buyer, First Time Buyer, Sale & Purchase
When purchasing a property, an essential step in the conveyancing process is conducting a local authority search. This legal inquiry provides information about both the property you're buying and its surrounding area.
If you're a prospective homebuyer, understanding the details of these conveyancing searches can help you avoid potential future issues and ensure that your investment is sound.
In this guide, we'll walk you through what local authority searches are, why they're important, what they cover, how much they cost, how long they take, and the difference between official and personal (or regulated) local authority searches.
When buying a house, a local authority search (also known as property searches) details the most up-to-date information on planning permissions and building work that your conveyancer or solicitor reviews to assess risk on a prospective property purchase. This information is typically obtained from the local council.
The search is designed to uncover important information about the property and its surrounding area that could affect its future use, value, or any potential legal responsibilities tied to the land.
Local authority searches are a standard part of the conveyancing process and are typically required by mortgage lenders to ensure there are no hidden risks that could impact the property's long-term value.
A search provider is typically appointed by your case handler to handle the ordering and arrangement of the search results, and will deliver the results to you and your solicitor when ready.
There are two primary components of a local authority search, the LLC1 and the CON29.
LLC1 (Local Land Charges Register)
The LLC1 search reveals any charges or restrictions related to the property, such as:
- Conservation areas: If the property is in a designated conservation area, there may be limits on what you can do to modify the building.
- Planning permissions: Shows whether the property has proper planning consent or if any planning applications have been denied.
- Listed building status: If the property is listed, you may need special permissions for alterations.
- Tree preservation orders: Certain trees may be protected by law.
- Smoke control zones: Indicates if restrictions on using certain fuels in the area are in place.
CON29 (Enquiries of the Local Authority)
The CON29 search includes broader questions about the local area, such as:
- Planning proposals: Any nearby developments, road schemes, or infrastructure projects that could affect your property.
- Building regulations: Whether previous works on the property met building regulations.
- Environmental issues: Information on flood risks, contaminated land, or radon gas levels.
- Highway information: Whether roads or paths provide public access to the property.
- Compulsory purchase orders: If the council plans to buy your property for redevelopment purposes.
One of the main benefits is the ability to uncover any legal restrictions or future development plans that could affect the property's value or your ability to use it as intended. For instance, planning permissions, conservation areas, or potential road expansions may limit what you can do with the property or even reduce its worth.
If you're using a mortgage, the search is typically a requirement from your lender. Mortgage providers need assurance that the property holds no risks that could affect its long-term value, ensuring their investment is protected. Failing to conduct a search could delay or even jeopardise your mortgage approval.
Additionally, the search results give you a clearer understanding of potential future developments, such as road infrastructure or nearby construction projects. These factors can impact not only the enjoyment of your home but also its future resale value.
For cash buyers, while a local authority search is not mandatory, skipping this step increases the risk of unforeseen problems and potential financial loss. Without this critical information, you may encounter costly legal issues or find that the property is subject to restrictions that were unknown at the time of purchase.
When conducting a local authority search, you have two options: an official search or a personal search (also known as regulated search). Both have their pros and cons, and understanding the differences can help you choose the right one for your purchase.
Official Local Authority Search
An official local authority search is carried out directly by the local council. A few key elements:
- Comprehensive and accurate results: Since the information is gathered and checked by council officers, it's deemed thorough and reliable.
- Legally binding: If there are any errors or omissions in the results provided by the council, the buyer is legally protected and can take action if any hidden issues arise later.
- Mortgage lender approval: Official searches are widely accepted by mortgage lenders, giving you peace of mind that your lender will be satisfied with the result.
- Cost: Typically, an official search costs between £100 and £300, depending on the council and location.
- Timeframe: Official searches usually take from 1 to 6 weeks, as they rely on council workloads and internal processing times.
Personal Local Authority Search
A personal local authority search (also known as regulated local authority search) is conducted by a private search agent or search company rather than the local council. Here's how it differs from an official search:
- Faster turnaround: Personal local authority searches are often quicker as private companies can access council records directly and may not face the same administrative delays as local councils.
- Lower cost: They tend to be cheaper, as the search agent's fees are generally lower than those charged by councils.
- Non-legally binding: One major downside is that personal searches are not legally binding. This means if the private search company misses something crucial, you might not be able to take legal action against the council.
- Mortgage lender considerations: While some mortgage lenders accept personal searches, not all do. It's essential to check with your lender or conveyancer to ensure that a personal search meets their requirements before proceeding.
- Cost: Personal searches usually cost less, typically between £75 and £200.
- Timeframe: Personal searches are often completed within a few days, making them a faster option compared to official searches.
A personal local authority search is carried out by a private, licensed search company rather than the local council. These searches offer the same essential information as official local authority searches, covering important details like planning permissions, building regulations, road schemes, and environmental risks.
The primary advantage of personal searches is their faster turnaround time, as private search agents often work more efficiently than council departments.
Personal searches are typically less expensive, usually ranging from £75 to £200, compared to the higher costs of official searches.
They are also backed by indemnity insurance, which protects you if any errors or omissions occur in the search report, offering some peace of mind.
At Homeward Legal we work with private search agents to ensure faster timings and a better cost for our clients, without compromising on the quality. Feel free to call us on { medtel }} if you have any questions on personal local authority searches.
As mentioned above, the length of time it takes to get a local authority search result depends on whether you opt for an official or personal search.
Official local authority searches can take 1 to 6 weeks, whilst personal ones can be completed in a few days
If you're facing time constraints, a personal search may be the better option, but it's important to confirm that your mortgage lender accepts it.
The cost of a local authority search varies depending on whether it's an official search or a personal search.
- Official search: Between £100 and £300 depending on the location.
- Personal search: Usually £75 to £200, offering a cheaper and faster option.
Your conveyancer will guide you on the best choice for your situation. However, for most purchases, a personal search is sufficient, and most mortgage lenders accept it without any issue.
When purchasing a property, your conveyancer or solicitor will conduct various conveyancing searches as part of the conveyancing process.
The local authority search is one of the different types of searches. Conveyancing searches also typically include:
- Water and drainage search
- Environmental search (also includes flood risk assessment)
- Chancel liability search
If a local authority search reveals problems, it can significantly impact the conveyancing process by causing delays, prompting renegotiations, or even leading to the reconsideration of the purchase.
What happens if the search reveals a problem?
When a local authority search uncovers issues like upcoming road developments or planning restrictions, you have several options.
If these findings affect the property's value, you may renegotiate the purchase price to avoid overpaying.
If the results raise questions, your conveyancer can request additional details from the local authority to clarify any uncertainties and help you assess the associated risks.
In cases where significant problems arise that make the property less appealing, you might choose to withdraw from the purchase altogether, potentially saving yourself from future financial or legal complications.
If you're navigating the homebuying process and have questions about local authority searches or any aspect of conveyancing, we're here to help.
Our experienced team can guide you through each step, ensuring you make informed decisions with confidence.
Contact us today on to discuss your needs or run a quick quote online.
Frequently asked questions...
While it's possible for cash buyers to bypass the local authority search, doing so is risky. Without a search, you may unknowingly buy a property with legal restrictions, upcoming developments, or environmental risks.
Some councils offer a fast-track service for an additional fee. You can also consider a personal search, conducted by a private search agent, though ensure your mortgage lender accepts this option.
Search results are typically valid for 6 months. After this period, changes in planning or development may render the old results out-of-date, so new searches may be required.
Yes, you can perform a local authority search yourself, but it's generally recommended to use a solicitor, as they have the expertise to interpret complex results and ensure no important details are missed, helping to protect your investment and save you time.
Yes, local authority searches are highly recommended and often required when purchasing a property. They reveal important information, such as planning restrictions, building regulations, and potential development plans. Not ordering a local authority search could impact your use and enjoyment of the property.
Also, lenders usually require them before approving a mortgage, and they help protect buyers from unexpected issues that could affect the property's value or usability in the future.