Property searches – the what, where and why

When you are buying a property, your solicitor will usually carry out searches against the property before Contracts are exchanged.

If you are obtaining a mortgage to help fund the purchase then some searches will be compulsory as they will be required by your mortgage lender.

A Local Authority Search will confirm, amongst other things, whether the property that you are buying adjoins a public highway. It will confirm whether any formal notices have been issued against the property, such as a breach of planning permission or compulsory purchase order.

This search will also confirm if the property is a listed building or in a Conservation Area, whether there are any trees in the garden subject to a Tree Preservation Order and it will reveal details of any planning permissions and building regulation approvals that have been obtained in relation to the property.

However, it is important to remember that this search only relates to the specific property that is being searched against, so it will not provide any details of any proposed planning or development on neighbouring land.

If you are concerned about any development of neighbouring land, perhaps because one of the features of the property that you are buying is its views, then an additional Plan Search can be carried out that should reveal any permissions or planning policies affecting land within 250 metres of the property that you are buying. However, it does only reveal applications made at the date of the search.

An Environmental Search will look at and consider any historic use of the land on which the property is built and matters such as whether the property is near to a landfill site or land used for industrial activities so as to pose a risk of the property having been built on potentially contaminated land.

The search also reveals whether the property is within or near an area at risk of flooding, although an additional Flood Search can also be carried out if there are any flooding concerns because of the location of the property.

A Water and Drainage Search is carried out with the relevant water company to establish whether the property is connected to the mains water supply and whether foul and surface water from the property drains to a public sewer. It will also confirm whether there are any mains sewers or water pipes within the property that could restrict future development.

A Coal Mining Search will usually be carried out with the Coal Authority to establish whether there has been any mining activity near to the property, the depth of any works and when any mining activity ceased.

It will also show if there is any current or planned mining and if there has been any subsidence claim for damage caused by mining.

A Chancel Repair liability search may also be carried out to establish whether there is any risk that you could be asked to pay towards the repairs of the local church.

Before completion of your purchase your solicitor will also make a search of the Land Registry to ensure that no changes have been made to the title for the property since details were provided by the seller’s solicitor.

If you are obtaining a mortgage then your mortgage lender will also require a search to be made in the Bankruptcy Register to confirm that you have not been declared bankrupt.

There are numerous other searches that can be carried out depending on the location and proposed use of the property and advice should be obtained accordingly.

For more information on the issues raised by this article, please get in touch.