Buying

Property Searches Explained: What They Are and Why They Matter

Property searches are a vital part of the conveyancing process. This guide explains what each search reveals, why it matters, and what happens if problems are found.

8 November 2024 9 min read Legal Merchant Solicitors
Property Searches Explained: What They Are and Why They Matter — Legal Merchant

What Are Property Searches?

Property searches are enquiries made by your conveyancing solicitor to various authorities and organisations to uncover information about the property and its surroundings that might not be apparent from a physical inspection. They are a standard and essential part of the conveyancing process for all buyers — whether purchasing with a mortgage or in cash.

Searches reveal issues that could affect your use and enjoyment of the property, its value, or your legal title to it — information you need before committing to the purchase.

Are searches required? If you are purchasing with a mortgage, your lender will require searches to be carried out. Even if you are a cash buyer, searches are strongly advisable — without them, you are buying blind.

1. Local Authority Search

The local authority search (officially called a CON29 search) is one of the most important and revealing property searches. It is submitted to the local council and reveals information held on public registers including:

  • Planning history: Any planning applications and decisions (approvals or refusals) relating to the property and immediate vicinity
  • Enforcement notices: Any notices issued for unauthorised development or breach of planning conditions
  • Listed building status: Whether the property is listed (and therefore subject to planning restrictions on alterations)
  • Conservation area: Whether the property falls within a designated conservation area
  • Road adoption: Whether the road outside the property is adopted (maintained at public expense) or private (the responsibility of adjoining owners)
  • Public footpaths: Whether any public rights of way pass through or across the property
  • Tree preservation orders: Whether any trees are protected and cannot be removed without consent
  • Community Infrastructure Levy: Outstanding or potential CIL charges

How Long Does a Local Authority Search Take?

This varies widely by council — from as little as 1 day (for councils that are fully digital) to 6–8 weeks (for those that are paper-based or have a backlog). The variation in local authority search times is one of the most significant causes of delay in conveyancing transactions.

2. Drainage and Water Search

The drainage and water search (CON29DW) is submitted to the local water company and reveals:

  • How the property is connected to public water supply and the public sewerage system
  • Whether any public sewers run within the boundary of the property (this is important because building over or close to a public sewer requires the water company's consent and can affect development potential)
  • Whether the property is at risk of internal flooding from public sewers
  • Whether there are any outstanding charges for water and sewerage

3. Environmental Search

The environmental search is one of the most comprehensive searches and covers a wide range of environmental risks:

  • Flood risk: River, surface water, groundwater, and coastal flood risk, including historical flood records
  • Contaminated land: Whether the property is on or near formerly contaminated land (former industrial sites, petrol stations, landfill)
  • Ground stability: Risk of subsidence from ground collapse, shrinkage, or geological factors
  • Radon gas: Whether the property is in a radon-affected area (radon is a naturally occurring radioactive gas)
  • Energy and infrastructure: Proximity to power lines, pipelines, and other infrastructure

4. Chancel Repair Search

This is a somewhat unusual search that reveals whether the property is in an area where the owner might be liable to contribute to the repair of the local medieval parish church (known as chancel repair liability). While relatively rare, this liability can be significant where it applies — particularly for properties adjacent to historic churches.

Where a search reveals potential liability, your solicitor will typically recommend taking out a one-off chancel repair indemnity insurance policy, which is inexpensive and provides permanent protection.

5. Additional Searches

Depending on the location and nature of the property, additional searches may be required or advisable:

  • Coal mining search: In areas with a history of coal mining, this search checks for mining activity beneath or near the property that could cause subsidence
  • Tin mining search: Required in parts of Cornwall and Devon with a history of tin mining
  • Commons registration search: Checks whether the property is registered common land or village green
  • Land charges search (K15): For unregistered land, a search against the vendor in the Land Charges Register
  • Highways search: Additional to the local authority search; confirms the adopted status of roads in more detail

What Happens If Problems Are Found?

If searches reveal issues, your solicitor will report them to you and advise on their significance. Possible outcomes include:

  • Minor issues: May be disclosed but do not significantly affect the purchase
  • Negotiation: You may be able to negotiate a reduction in the purchase price to reflect a discovered issue
  • Indemnity insurance: For some issues (particularly title defects or historical matters), indemnity insurance can provide protection
  • Withdrawal from the purchase: In serious cases, you may decide not to proceed — before exchange, you can withdraw without financial penalty (though you will lose any costs incurred)
Our panel solicitors handle all searches: When you instruct a Legal Merchant panel solicitor, they arrange and review all required searches on your behalf as part of your fixed-fee quote. Get your free quote today.

Get Your Free Conveyancing Quote

Fill in your details and one of our expert conveyancing solicitors will contact you with your best-priced quote. No obligation, no hidden fees.

  • Free, no-obligation quote
  • Competitive fixed fees
  • Local, SRA-regulated solicitors
  • Response within 2 hours
  • No sale, no fee options available

Prefer to speak to someone?

Call Free: 0800 612 7456