Pre-contract Searches Flashcards
Where do you check for planning permissions that have been refused?
CON29
LLC1 only shows planning permissions that have been granted
What are the standard searches required?
CON29 - standard enquiries of local authority
LLC1 - local land charges search
Drainage and water enquiries
Desktop environmental search
Chancel repair liability
What does CON29 cover?
All matters within knowledge/records of local authority
- planning consents, refusals and completion notice
- building regulations - if approvals and certificates have been issued
- road and public rights of way
- environmental notices
What does LLC1 cover?
- planning permissions granted
- planning enforcement / stop notices
- article 4 directions
- tree preservation orders
- smoke control ordere
- financial charges
- conservation areas
- permitted development order
- listed building status
What does drainage and water enquiries cover?
Whether foul/ surface water drains to public sewers
If property is connected to mains water supply
What does desktop environmental search cover?
- Likelihood of flooding / natural subsidence
- industrial use of land within 250m
- whether land has been used for contaminative land uses
(Limited in use because uses historic records and maps)
Chancel repair liability
Cost of repairing parish church
(If so - indemnity insurance required)
What is CON29O?
Optional local searches - select applicable searches
Usually not necessary for residential properties but used in commercial properties
What does CON29O cover?
- common land/ village green
- noise abatement zones
- areas of outstanding natural beauty
- pipelines
- commons registration search
- road proposals by private bodies
What does highways search show?
Boundary of public highway on a map.
Must check property abuts the highway. If not, need to ensure appropriate rights of access.
When is coal mining search required?
When near coal mines - identifies risk of subsidence and whether compensation has been paid (which means further compensation will not be paid)
When is cheshire salt search required?
When property near salt mines
What is environmental phase 1 survey?
More detailed than desktop
When should environmental phase 2 search be conducted?
If phase 1 search indicates risk of contamination
Phase 1 - physical inspection
Phase 2 - testing of samples
When is flood search required?
When desktop shows likelihood of flooding (based on past historical records).
This provides further information
When is utility providers search required?
When property is a new development - checks property has benefit of connections for gas etc
When is waterways search required?
Where property has a waterway (river or canal) passing through or next to it.
What does waterways search show?
Liability for maintenance of riverbank
Rights of way for banks and tow paths
Draining and fishing rights
Owner’s liability for flooding (NOT flood risk)
What is the National Land Information Service?
Online portal acting as intermediary between solicitors and various search institutions.
Where to check for planning enforcement/ stop notices?
LLC1
Possible searches required relating to title/seller?
Index map search
Central Land Charges Search Form
Bankruptcy search
Companies search
When should central land charge search be carried out?
When property is unregistered - usually when deducing/investigating title (by buyer)
When should companies search be carried out?
When seller is a company - to check company is in existence and has not got into liquidation
