UK Property Conveyancing Search Part 1

Good afternoon everyone.

Well as promised I am now going to post a series covering some of the searches carried out during the process of buying or selling a UK Property and surprise surprise the first one is the Local Search sincet his is required in the Home Information Pack.

This search is either an official one meaning that the information comes direct from the local authority or a personal one which means that the data is not as detailed and generally not acceptable for a buyers lawyers.

So for the purposes of this post I will be talking only about the official search.

While its name appears to give the impression that it covers the locality in which the property is situated it in fact only provides information that is specific to the actual property being sold or purchased.

The Local Search does not give details of any planning matters likely to affect the property which relate to the neighbouring properties or are within the immediate vicinity.If you wish to satisfy yourself entirely regarding any of these mattersyou will have to contact the appropriate Local Authority and inspect their planning register. It is regrettable that the Local Search does not generally give details of any matters affecting adjoining properties-For example any application to extend the property -so if you have any specific query this can only be dealt with by way of a specific search undertaken on that property itself or, in turn, by enquiry of the Local Authority.

The example of items that may be revealed by a local search are set out below however this list is not exhaustive and invariably there is nothing untoward revealed .

(a) Whether or not the Road in which the proerty is situated is adopted by the Local Authority and if there any liability for road charges
(b) Whether the path at the rear/side of the property is adopted by the Local Authority or is maintainable by all who regularly use it.
(c) If there is a smoke control order in force for the area, which means you, must only burn smokeless fuel and comply with the relevant by-laws
(d) Is there any Tree Preservation Order in force for the area, and if so you must check with the Local Authority before any trees are lopped or felled in case planning permission is required.
(e) Is a Home Improvement Grant registered against the property, which will continue to be a charge on the property and will it need to be repaid whether or not the house continues to be used as a residential dwelling.
(f) Is the property within a conservation area or an area of special control . This is an area which has been defined as being of special architectural or historic interest the appearance of which the local authority wish to maintain. All planning applications for building within the area will be carefully considered to ensure that they harmonise and reinforce the character of the area. The demolition or partial demolition of a building within a conservation area requires special consent. If you plan to undertake any alterations to the property either now or in the future then you will be well advised to contact the Local Authority now to ensure that your proposals are likely to fall within the permitted level of development.

You can see that the level of information being obtained is quite detailed and as is always the case if you are concerned you must contact a specialist property lawyer who is trained to interpret the data and advise on its impact to you.

I hope you have found this of interest and I will cover next the position in respect of Drainage searches particularly as this is one of the required documents for the Home Information Pack

Reg