Summary
Conveyancing searches are an important part of the buying process: you should know if there are planning or environmental issues with your new property
In this article, we’ll explore the different types of conveyancing searches that are available in England and Wales, and explain why they are important.
Conveyancing is the legal process of exchanging a property’s ownership from one person to another. When buying a place to live in England and Wales, it is important to carry out a range of conveyancing searches to ensure that you are aware of any potential issues that may affect your purchase.
Searches are a vital part of the conveyancing process, as they help you to uncover any problems with the property that may affect your purchase. Your conveyancing solicitor or conveyancer carries out these searches and can cover a range of issues, including planning permissions, environmental concerns, and potential risks to the property. We will also discuss the cost of conveyancing searches, which can vary depending on several factors.
Local Authority Searches
A local authority search is one of the most important types of conveyancing searches as it provides information about the property and the local area, including planning permissions, building regulations, and any restrictions on the property. Local authority searches can be conducted as official searches by the local authorities or as personal searches by search companies, each with its own advantages and limitations.
They can also highlight any potential issues like nearby road schemes and housing developments.
Environmental and Water Searches
Environmental searches are designed to highlight any potential environmental risks, such as the probability of flooding, contamination, and potential for natural soil shrinkage, as well as local infrastructure projects.
A drainage search is also crucial as it provides information about the property’s water source, potential risks related to drainage, and the proximity of public drains and sewers that serve a property.
Water and drainage searches tell you about the home’s water and sewage systems, including information from the local water company about whether it’s connected to the mains water and drainage and any potential issues with the drainage system.
It’s always a good idea to have a water and drainage search done as it can be expensive to rectify any complications.
Chancel Repair Liability Searches
Chancel repair liability searches are carried out to determine whether the property is located in a parish where there may be a potential liability for chancel repair costs. Chancel repair liability is an ancient legal obligation, which means that homeowners in certain areas of the country may be required to pay for repairs to the local church.
These searches can highlight any potential liabilities that may affect the cost of owning a property.
Mining Searches
Mining searches are carried out in areas of England and Wales that have a history of mining. A mining search is essential for assessing the risk of subsidence and unstable ground due to historic or current mining activity. They can help give information associated with mining, like historic or recent mining activity and nearby mine shafts.
Other Types of Conveyancing Search
There are a number of other conveyancing searches which may or may not apply, depending on the location of the property you are purchasing – these include rail searches or tin mining searches. These additional searches might be necessary based on issues highlighted in the mandatory searches or due to specific concerns about the property. A specific planning search can uncover planning issues that affect a property, such as valid planning permissions on property extensions.
You should discuss the range of other searches with your conveyancing solicitor if you think they may be relevant.
Searches: Wrapping it up …
In conclusion, conveyancing searches are an essential part of the conveyancing process when buying a property in England and Wales. They can provide valuable information about the property and the local area, which is used to help you decide if the house will be a good fit for you.
Timely and accurate search results are crucial in making informed decisions during the conveyancing process. Remember, it’s up to you what searches you request from your conveyancing solicitor, but you don’t want to kick yourself if you miss a crucial bit of information when you’re buying your new home.
Getting your searches right can save a lot of trouble later on, including when it comes to issues of property misrepresentation.
Local conveyancing solicitors ready to help you
If you are looking for a conveyancing solicitor to make sure your sale goes well from the outset and conducts the right conveyancing searches, contact one of our specialist property solicitors in Braintree, Brighton, Chelmsford, Croydon, Hornchurch, Solihull, or Wickford.
Frequently Asked Questions
As you can see, buying and selling property is not always as simple as you think. We’ve tried to address some common questions below, but if you are still unsure please feel free to contact us for an answer.
What are conveyancing searches?
Searches are an important part of the conveyancing process when you are buying a new home. Searches investigate aspects of a property to see if there are any potential issues.
The sort of information revealed in a conveyancing search includes whether a property has the correct planning permissions, if there are any environmental concerns you should be aware of, if there are any upcoming building developments, or if there are any restrictions on the property.
What searches do conveyancers do?
There isn’t a single, universally agreed-upon list of all conveyancing searches in England. The specific searches recommended will depend on the property and its location. However, here’s a comprehensive overview of the most common ones:
Essential Searches
Local Authority Searches: These reveal information held by the local council about the property, including planning applications, building regulations, highways issues, and environmental concerns.
Land Registry Searches: These confirm the seller’s legal ownership of the property and check for any restrictions.
Common Searches
Environmental Searches: These assess the risk of flooding, subsidence, contaminated land, and other environmental hazards.
Water Authority Searches: These confirm details about water supply and drainage.
Optional Location-Specific Searches:
Chancel Repair Liability Search: This checks if the property is liable for contributions to the upkeep of a local church. (mainly applies to certain areas)
Coal Mining, Brine and Other Mining Searches: These are relevant in areas with a history of mining activity.
Energy and Infrastructure Searches: These may be required if the property is near high-voltage power lines or major infrastructure projects.
High-Speed Rail (HS2) Search: This is advisable in areas potentially affected by HS2.
Underground Railways Search: This is necessary if the property is near underground tunnels.
Commons Registration Search: This checks if the property has rights to common land.
Disadvantaged Areas Search Relief: This can reduce some property taxes in designated areas.
Canal u0026amp; River Search: This is important if the property is near waterways.
What searches do conveyancers do?
Your conveyancing solicitor will always run a Local Authority, water u0026amp; drainage, and an environmental search as well as a Land Registry search. But you can choose other searches to be run too.
What conveyancing searches do I need?
Every property is different depending on where it is; for example, if your new property is located in a coal mining area, or in the parish of an historic church there are specific search types required.
The most common searches are, of course, the Local Authority search and a Land Registry search, but other geographically specific searches include a Coal Mining search, a Cheshire Brine search, a Chancel Liability search or a Commons Registration search – depending on the location of the property.
Your local Conveyancing solicitor will be able to advise you.