Conveyancing Searches - What are they?

As Conveyancing solicitors, we are regularly asked “Have the searches come back?” But what are the searches actually for and do you really have to do them?

Solicitors will carry out 3 searches as standard:

The local search is a search of the registers held by the local authority. It reveals the planning history for the Property, confirms what public highways or footpaths affect the property, and reveals other information held by the local authority. It can also contain financial charges; for example, if there has been fly tipping at the property and the local authority has had to clear it up, the cost can be charged to the owner of the land and this is secured by a local land charge, which appears on the local search. There are also some optional enquiries, most notable of which is whether there is any registered common land affecting the Property.

The drainage and water search confirms if the Property is connected to the mains for surface and foul drainage, and for water supply. It provides a plan showing the path of sewers and pipes known to the water authority. It also provides items of consumer information, such as the hardness of the water and the location of the nearest sewage works.

The environmental search confirms whether the Property is on contaminated land. It also reveals the location of nearby industrial use and other potential sources of pollution. The search also makes a basic assessment of flood risk, subsidence risk based on geology, and other similar items. It may also recommend other searches such as brine, ball clay, coal mining, railways, etc. Your Solicitor will know whether any of these may be applicable.

The reason these searches are carried out as standard is that any mortgage lender will require them as standard. If you are not obtaining mortgage finance you could dispense with some of the searches, but MJP Law would never advise this. The property is subject to everything the search reveals, whether you actually do the search or not.

Searches are not a box-ticking exercise and it is not enough just to receive the results. The Solicitor has to read them, report to the buyer, and raise enquiries with the other side as appropriate. If the buyer is raising a mortgage, the lender may have to be informed. This can take time, but all issues must be fully resolved before contracts can be exchanged. At exchange of contracts, a buyer has bought the property - whatever issues may affect it. Searches are an essential part of due diligence on the most expensive asset most of us will ever buy and should be properly considered, and any issues resolved, before you proceed to spend (or borrow) all that money.

The Conveyancing team at MJP Law deal with searches every day. For more information, please contact conveyancingteam@mjplaw.co.uk.