During the house buying process we often hear about “searches”. What are they, when does a housebuyer need them, and why are they important?
Adroit’s put together this quick guide to conveyancing searches and what to expect.
What are conveyancing searches?
When you’re buying a property, your conveyancer orders searches as part of their enquiries in order to gain more information about the property and to identify potential issues that might affect whether you decide to continue with your purchase, or whether your lender is prepared to proceed with your mortgage.
For example, searches might reveal that planning permission has been granted for a development nearby, that there’s an old coal mine under the garden, or that the property has been affected by flooding in the past.
Which searches are carried out?
Searches are made with public authorities such as the local council, utilities providers, the Environment Agency and the Coal Authority.
- Compulsory searches are those that a mortgage lender will always require, and include a local search, water and drainage search, and environmental search. If the property is in a mining area, a mining search will also be requested
- Optional searches may be recommended by your conveyancer or required by your lender, depending on the location of the property or other circumstances
Key searches include:
- Local authority search
The information that the local authority holds about the property, such as planning and building regulations applications and approvals, whether roads adjoining the property are adopted, whether the property is affected by a Tree Preservation Order, is a listed building or within a conservation area.
- Water & drainage search
How the property is served by water supply and sewers, including locations of public sewers and water mains near the property, foul water and surface drainage, whether the property is connected to the mains water supply, and whether any sewers run underneath the property.
- Environmental search
Any risks presented by contamination, previous industrial uses or industrial land nearby, the stability of the ground, and potential hazards from nearby landfill or presence of radon gas. The search also gives a flood risk rating, and a further flood search may then be carried out if necessary.
- Mining search
A compulsory search in mining areas, mining searches include coal mining, brine and tin mining depending on the locality.
- Planning search
Broader than the local search, a planning search reveals planning history and current applications or consents relating to neighbouring property. This could reveal that a development is due to take place nearby which may impact the property you’re buying, such as interrupting a good view or resulting in a busier access road.
- Flood search
Expands on your environmental search, and assesses flood risk in areas where flooding occurs more frequently.
- Energy & infrastructure search
Proposed energy or major infrastructure projects which may affect the property, such as rail or power projects, solar or wind farm development.
- Chancel liability search
Identifies whether the property is within a medieval parish and is subject to an historical liability to pay towards the repair of the parish church.
Do I really need to request searches? Can I proceed without them?
If you’re taking out a mortgage, your lender will require you to carry out searches. Your conveyancer will report to them on the property and its search results, and your lender will then decide whether to proceed with your mortgage.
Buying without a mortgage? It’s not essential, but it’s certainly advisable to at least make basic searches with the local authority and utilities providers.
Official search results are guaranteed, meaning that you and your lender can rely on them. Information provided by sellers may not be accurate or complete, or may not be given at all, so searches give a much clearer picture of the property.
How long do search results take to come back?
Most searches are carried out online, delivering results soon afterwards. The local authority search generally takes the longest to come back, and can take up to 6 weeks. It’s always recommended to allow time for search results to be returned in your conveyancing timetable when agreeing exchange and completion dates with a seller (and your own buyers, if relevant).
Protecting the investment of you and your lender, searches are more than just paperwork. They give you the information you need to help you decide whether to buy a property.
This article has been prepared by Adroit Legal Services and is not intended to constitute legal advice.
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