What is a Local Authority Search and do I need one?

Do I need a Local Authority Search?

Almost all transactions involving the transfer of ownership of dwellings, commercial properties, or unoccupied land, will require a Local Authority Search to be conducted as part of the conveyancing process. Whatever the transaction, a Local Authority Search is a vital link in the conveyancing process and can reveal information which will guide your decision on whether to make an offer or not, whether to re-negotiate the deal or whether to pull out altogether. As such, it is vitally important that you ensure that you get the best possible product available.

What is a Local Authority Search?

There are a large number of companies which offer a Local Authority Search service, as well as your own District or Borough Council. These are known collectively as personal search companies (PSCs) and they produce, not surprisingly, personal searches (see below). However, all Local Authority Search products have one thing in common - they must obtain their information from the local authoritative source (your local council).

A search is comprised of up to four parts. A minimum requirement is the form LLC1, which will provide a list of all of the relevant entries in the Local Land Charges Register, and the Con29 Required, usually referred to as the Con29R. This will provide information on, amongst other things, details on planning applications relevant to the property (whether granted or refused), building control history, any enforcement action, restrictions on permitted development, nearby road schemes, contaminated land and radon gas; in all a total of 13 subject areas. These two elements together are often referred to as a 'basic' or 'standard' search.

You can also ask additional optional questions relating to public rights of way, areas of outstanding natural beauty, pipeline, pollution notices, or town and village greens. These questions (18 in all) are contained on the Con29 Optional form, usually referred to as the Con29O.

Further to these questions, you can also ask anything which you think may be useful to know about, such as whether there are any planning permissions on adjacent land. These questions, in common with the optional enquiries mentioned above, will be at additional cost.

The Different Types of Search.

There are two different types of product available to you:

• The official Local Authority Search, or
• The personal search.

Official Search

The official search is conducted by trained and dedicated staff employed by your local council in their Local Land Charges unit. This, usually small, team are responsible for maintaining the Local Land Charges Register and conducting property searches, as required. As part of this process, they will ensure that the information revealed in your search report is relevant and accurate. The vast majority of local authorities now complete this process within just a few days. There are many advantages to using the official search product, not least of which is that, should you have any follow-up enquiries, you can go straight to the authoritative source for clarification.

The official search will bear the logo of the council which provides it and the search certificate will be signed by an officer of the council. Only Local Authorities are permitted to produce and sign a Certificate of Search.

In the (thankfully very rare) event that you should experience any problems resulting from errors or omissions in your report, all Local Authorities carry full indemnity insurance, which is open-ended.

Personal Search

A personal search may be conducted by anyone but in practice these are usually conducted by private companies on behalf of their clients. A personal search allows for the inspection of the Local Land Charges Register, at the council offices. All other publicly available registers may also be inspected but they may not all be located in the same place; other information my need to be obtained from the council website or by reference to committee minutes. Some of the information required to complete a search may be available on payment of an additional fee. However a recent Trading Standards investigation in Birmiingham has indicated that some PSCs may be using insurance to reduce costs, where the information is actually available.

PSCs are required to carry insurance but this may be subject to limitations. Be sure you read the small print to ensure that the cover is adequate for your requirements.

A personal search may be cheaper than an official search but you should take accuracy and completeness into account when making your decision. As this is such an important document in the property conveyance process, the Local Land Charges Institute strongly recommends that a full official Local Authority search is always used.

Always remember that you have a choice - you do not have to accept a personal search. You are entitled to insist on a full official search and pay the additional cost (if any).

• View Land Charges fees and turnaround times.