What Searches Do Solicitors Carry Out When Buying a House?

Property searches are a standard, and somewhat essential, part of buying a home.  You may have heard them referred to as conveyancing checks or legal checks.  Essentially, they are various checks your solicitor or licensed conveyancer will request to identify any potential issues affecting the property that could impact you once the purchase is complete.

Having the right property searches carried out during the homebuying process makes sure you are going into the transaction with your eyes wide open. They also ensure there will not be any nasty surprises after the deal is done.

Exactly which searches you need to have carried out on your property will depend on the circumstances, including the type of property and its location. This is something on which your conveyancing team should advise you early on in the purchase process.

In this article, we cover the standard conveyancing checks every homebuyer should have, optional property searches that may be worth having, what you might need to do about any issues uncovered, the difference between conveyancing checks and a property survey, and how long conveyancing checks usually take.

Need help with buying or selling residential property? Please contact our Residential Conveyancing team who will be happy to help.

Key points to know about residential property searches

• There are four standard checks every property should have – land registry search, local authority search, water and drainage search, and environmental search.
• There are various other searches that may be worth carrying out, depending on the property type and location.
• If a problem is uncovered, there is almost always a solution but the costs involved must be considered and the purchase price may need to be renegotiated to account for this.
• A building survey is a different type of check looking at the condition of the property and this is something you will need to arrange yourself.
• Conveyancing checks typically take around 2-10 weeks to complete, but this depends on the circumstances and can vary.

What are the standard conveyancing checks every homebuyer should have?

When buying a property, there are four standard checks that should always be carried out:

Land registry search – This establishes that the seller is the legal owner of the property and identifies any rights the property may have or be subject to, any restrictions or obligations imposed on the owner, and show any mortgages or other charges recorded against the property.

Local authority search – Uncovers issues such as any planning and building regulations affecting the property, whether the property is listed or in a conservation area, and any planned road, rail or other infrastructure schemes in the area.

Water and drainage search – To find details of the property’s water supply and sewerage, and whether it is connected to a meter.

Environmental search – Checking for issues such as whether the property is in a high radon gas area, ground stability, flooding risk and contamination risk.  It also provides information on climate risk issues.

What optional property searches might a conveyancer recommend?

Other types of conveyancing searches that may be worth considering depending on the property include:

Planning search – To check for any planning applications that have been applied for or granted on properties in the surrounding area.

Chancel liability search – To check whether the property owners are liable to help with the costs of repairs to any nearby churches.

Coal mining search – To check for any history of coal mining activity in the area, which can increase the risk of issues such as subsidence.

Commons registration search – Normally only applicable to rural properties with land, this checks for any common rights attached to either the land or adjacent land, such as right of public access.

Flooding risk search – To check whether the property is at risk of flooding. Particularly relevant for properties near rivers and other bodies of water, as well as those built on flood plains.  Although the Environmental Search does provide some flood risk information a more detailed search is available for areas where this is a concern.

Canal & River Trust search – Relevant for properties near rivers, canals and streams, this can establish whether there are any rights attached to the property, such as rights of access for fishing and mooring boats.

This is not a comprehensive list and you should speak to your conveyancer if you have any concerns about which types of searches may be required for a property you are intending to buy.

What can you do if conveyancing checks uncover a problem?

If conveyancing checks do uncover an issue, your solicitor or licensed conveyancer should explain the findings to you and any action you may want to take to mitigate the issue. Generally speaking, most issues can be remediated or insured against, but the cost of doing so must be carefully considered.

If the issue could affect the value of the property or cost money to deal with, then you may be able to renegotiate on the purchase price of the property.

Examples of some of the more unusual findings conveyancing checks might uncover and steps you might take to mitigate these issues include:

Tree Preservation Orders – A TPO prevents a named tree from being cut down, topped, lopped, uprooted or otherwise intentionally damaged. They can be challenged on various grounds, such as if the tree is dead, dying or dangerous, as well as if it is damaging a property. For this reason, a TPO is rarely a cause for concern.

High radon levels – If searches show that the property you are buying is in a high radon area, you can check with the purchaser to see if any radon testing has been carried out. It is also sensible to carry out your own radon test once the purchase is complete. If the property is experiencing high radon levels, then there are various steps you can take to mitigate the risks, most of which are fairly inexpensive.

Historic mining activity – Many parts of the UK have a history of mining and this can increase the risk of subsidence and other issues for properties in an affected area. If a search shows your property is in such an area, you may wish to negotiate on the price, check for previous subsidence claims and check with your insurers about how this might affect your costs.

Bat roosting sites – Bats and their roosts (the places where they sleep) are legally protected. Bats rarely cause problems for property owners, but you may need to seek permission and guidance from the relevant Statutory Nature Conservation Organisation (such as Natural England) before carrying out any works that might affect the bats.

Newt breeding sites or resting places – Great crested newts are a protected species in the UK. If they have a breeding site or resting place on your property, then it is a criminal offence to disturb them. If you need to carry out works that would do so, then you may be able to secure a licence from Natural England or the equivalent organisation for your nation, but there is no guarantee this would be granted.

Chancel repair liability – A surprising number of UK properties are still subject to chancel repair liability, meaning the owners have a legal duty to help cover the costs of repairs to their local church. The costs involved can be very significant, so if a search turns up such a liability, it is recommended to secure chancel liability insurance to cover these costs if the need ever arises.

What is the difference between property searches and a property survey?

Property searches are enquiries that your conveyancer makes to local authorities and other relevant organisations to uncover any potential issues affecting the property.

A property survey looks at the condition of the property to assess whether there are any physical issues that need to be resolved e.g. damp, subsidence or damage to floors, walls and other structural elements.

It is usually recommended to have a property survey and this is something you will need to arrange yourself with a qualified surveyor. There are three levels of survey you can have, depending on how comprehensive you wish the surveyor to be in their investigation of the state of the property.

How long should conveyancing checks take?

Exactly how long conveyancing searches are likely to take will depend on the situation, including how quickly the local authority and other relevant organisations are able to respond.  In general, these checks take around 2-10 weeks to complete, but this is only an estimate and does vary depending on the borough.

How Longmores Solicitors can help with residential conveyancing

Buying a home can be stressful, with a lot of different information to take in and decisions to make. At Longmores, we can confidently guide you through buying or selling your home, acting efficiently, effectively and without unnecessary drama.

Our highly experienced team are perfectly equipped to handle even the most complex transactions, covering all property types. If you are purchasing a property, we will make sure all possible issues are considered and the right checks carried out, so you can buy with complete confidence.

To discuss how we can help with buying or selling residential property, please contact our Residential Conveyancing team who will be happy to help.

Please note the contents of this article are given for information only and must not be relied upon. Legal advice should always be sought in relation to specific circumstances.