Local Land Charges Search
What is a Local Land Charges search?
A full Official Local Authority Land Charges Search is divided into two parts and is completed by the Local Authority:
- The Register of Local Land Charges which contains details of all local land charges registered against land or property that are binding on the current owner and all successive owners of the land.
- The form "Enquiries of Local Authority" (known as forms CON29 'R' and 'O') supplements the Register of Local Land Charges by seeking information which is outside the scope of a land charge but relevant to an intending purchaser/mortgagee by giving information about the property and the effect on it or proposed effect with the wide variety of powers and duties vested by the Council.
Occasions on which a search will be necessary
Searches and enquiries should be made on:
- every purchase and mortgage (or sale in some cases)
- on every taking or assignment of a lease
- property used as security
- And on long-term rent (although not absolutely necessary).
What Information will a Local Authority Search tell me?
The Register of Local Land Charges contains details of all local land charges registered against land or property.
In addition to the Register of Local Land Charges, an integral part of the modern conveyancing process is the Standard Enquiry form known as CON29'R'. This enquiry is divided into two parts:
- CON29'R' are a series of questions which give further information relative to a property pursuant to town planning, drainage, highways, environmental health and building regulations.
- CON29'O' are 'Optional' questions that you may wish to ask of us.
- Additional fees are payable for the 'official' completion of the CON29'O'
To give a brief summary of the above headings, Planning tends to be the most comprehensive section dealing with Forward Planning which sets out rules on development control. What can and cannot be built and to what standards in a nutshell.
Also covered is the site history of planning applications since 1st January 1990. Also included are matters such as Enforcement Proceedings which may be served on the land or property as well as whether the property has permitted development rights removed for minor development such as fences, gates and porches (Article 4 Direction Orders), Tree Preservation Orders, Conservation Areas, neglected Listed Buildings which have been served with a repairs or preservation notice and whether the Council has cancelled a valid grant of planning permission.
Replies to the Drainage enquiries are now limited to Agreements for building over public sewers or sewer easements - restrictions on development near trunk sewers.
Highway matters deal with whether the roadways including the footways are maintainable at public expense, meaning whether the Council is responsible for the cost of maintenance or whether the roadways and footways are private and if the cost of maintenance lies with the property owners.
Also covered in this section are highway schemes. Major highway schemes include new roads, property acquisition and road improvements such as widening, construction projects such as underpasses, subways and flyovers to name a few.
Searches will include information on traffic management schemes. Examples include schemes such as traffic calming, one way driving, waiting/loading restrictions, road closures to through traffic, proposed residents parking zones, cycle routes as well as other traffic management proposals.
Environmental Health deal with public health notices that have been served on land or property such as unfit housing and blight notices. Information regarding any grants will also be revealed.
Building Regulations deal with constructional details of buildings which set down minimum building standards and action against unauthorised building work that is unsafe. Searches include details of Building Regulation applications submitted from 1st April 2002.
Also covered in the standard search enquiry are matters relating to Compulsory Purchase, construction of new railways and properties affected by radon gas
CON29'O' are optional and additional fees are payable for each question asked. Categories of question types include:
- Public Rights of Way.
- Strategic Planning for example Enterprise Zones.
- Environmental Notices.
- Food Safety and hygiene standards.
- Radon Gas precautions and measures.
- Advertisement Restrictions and Register of Advertisement applications.
What we won't tell you
Any matter which is outside the boundary of the property being searched. This includes items such as planning and building regulation applications on adjoining properties or parcels of land adjacent to the property being searched and major developments within the neighbourhood.
Who can apply for a Search
Any person can apply. You can lodge the application yourself or through your Solicitor or Licensed Conveyancer.
You will need to provide two copies of forms LLC1 and CON29 'R' and 'O'- if required which are available for purchase through legal stationers. In addition you should also send us with your application an OS site location plan showing the boundary of your property outlined in red at a scale of no less than 1:1250.
Page last updated: 31/01/2017