When buying a property, it is vital that you know all the facts before you commit to the purchase by exchanging contracts. That’s where pre-completion searches come in. These are enquiries made by your solicitor / licensed conveyancer to various authorities that hold information about the land the property sits on or any factors that directly (or indirectly) affect it. For advice on Cheltenham Conveyancing, contact /www.montpellier.legal/conveyancing-solicitor/conveyancing-cheltenham
Pre-completion searches are usually carried out near the end of the conveyancing process and are also a requirement of mortgage lenders as they have an interest in the soundness of title to the property and solvency of the borrower.
When do you need to have these carried out?
If you are buying with a mortgage then you will need a bankruptcy search done as part of your mortgage application. You will need an Official Search of Whole or Part without priority (OS1) if purchasing the entire registered title or an OS2 if you are purchasing a new build plot or if you are buying unregistered land then you would have a Land Charges search (K15) conducted in lieu of an OS1/OS2.
It is important to consider whether the risk of not doing these searches is worth it; after all if you later find out that there has been contamination on your land, it’s too close to a coal mine or your home is at high risk of flooding, it could cost you thousands to resolve and may ruin your enjoyment of the property. For that reason we strongly advise that you always follow your conveyancer’s advice on searches so as not to be caught out later on.
The four main searches and when extras apply
Your conveyancer normally orders four main searches. The local authority search comes in two parts. The Local Land Charges Register reveals restrictions such as listed building status, tree preservation orders, conservation or smoke control areas and planning agreements. Enquiries of the local authority cover wider issues, such as planning decisions nearby, proposed roads or rail lines and public highways.
An environmental search looks at past uses of the land for possible contamination, along with ground stability, landslips and nearby power lines or phone masts. A water and drainage search confirms where the water supply comes from, how it is charged and where the drains and sewers are. A title search uses Land Registry records to confirm the seller is the legal owner with the right to sell.
Depending on the area, more may be needed: a mining search for possible subsidence from old shafts, a flood risk report, or a chancel repair search, since some owners in England and Wales can be liable for the upkeep of the parish church. Timings vary, from days to months for some local authority searches.
How long each property search takes
Searches are one of the main jobs your solicitor or licensed conveyancer handles, and knowing how long each takes helps you plan the move. Local authority searches, compiled by the council, cover planning, building control, highways and pollution issues. They usually take between two weeks and two months, depending on the council.
Environmental searches assess the risk of subsidence, flooding and contaminated land, along with nearby wind turbines, landfill sites and gas hazards. They work on a pass or fail basis and usually take around three weeks. Water and drainage searches, from the local water authority, show whether the property uses public or private drainage and has a public water supply, which matters for maintenance and any future extension. These usually take 10 to 14 days.
Land Registry searches check the Title Register, which confirms ownership and any registered charges or debts, and the Title Plan, which shows the general boundaries. They can come back within a few days. Chancel repair liability searches, which check whether an owner could be liable towards repairs to the parish church, typically take one to two weeks.