If you are buying a new home, especially for the first time, you may feel unsure about exactly what is involved.
There are many tasks that must be undertaken and several legal procedures that must be completed. Without proper guidance from an experienced conveyancing solicitor, there is a chance that the process could quickly become overwhelming, and you might miss something crucial.
Several steps are involved in the conveyancing process, and a specialist residential property lawyer can assist throughout. At Onions & Davies, our team of residential conveyancers have provided exceptional property law services in Shropshire, Cheshire, Staffordshire, and beyond for many decades, helping a wide range of clients buy and sell residential property.
One of the main stages in a residential property purchase is the ‘searches’ undertaken by your solicitor. While many people are familiar with the general term, far fewer know what it really entails.
In this blog, our experienced Conveyancing and Residential Property Solicitors reveal what is meant by searches in a residential property purchase and explain the crucial role your lawyer plays.
What are ‘searches’ when buying a property?
Property searches are a key step in the conveyancing process involved in buying a new home. Searches are the series of enquiries made by your solicitor to various public authorities that give you more information about a property you plan to purchase.
Searches examine the range of planning, legal and environmental conditions surrounding a house.
They are designed to highlight any issues with a property that are or could be a problem at the time of acquisition or have the potential to be a problem further down the line.
Searches should not be confused with a survey, which looks specifically at a property’s physical state.
When do conveyancing searches happen?
Property lawyers usually begin the searches once an initial offer has been accepted on a property and your mortgage offer has been issued.
Does everyone need to do searches when buying a property?
If you are buying with a mortgage, searches are mandatory. Before they release your mortgage funds, a lender will inform your conveyancer what searches are required to ensure there are no lingering issues associated with a property that might threaten their investment.
If you are a cash buyer, searches are optional, though they should still be undertaken, as they are essential in highlighting any issues with a property.
Why are searches important?
Searches ultimately determine whether a house sale or purchase goes through or not.
By uncovering additional information about a property, searches ensure no problems affect the value or saleability of the property in the future.
If any issues come to light, these must be concluded to the satisfaction of the seller and the buyer for the purchase to proceed.
How many conveyancing searches are carried out?
Exactly what searches are required when you buy a house depends on a property’s location and any particular concerns you have that might need further investigation.
However, there are three main searches done when buying a house.
- Local Authority Search. This is designed to uncover any potential issues relating to roads, rail and building work that might be planned or already underway and might affect your property.
A local authority search is divided into two parts:
- A local land charges certificate (LLC1). This reveals the entries on the Local Land Charges Register, including:
- Listed building status.
- Tree preservation orders.
- Smoke control areas.
- Conditional planning permissions.
- Conservation areas.
- Financial charges registered against the property.
- Enquiries of the local authority form (CON29). This helps to establish if the property will remain a worthwhile investment in the future by highlighting, for example:
- Planning history.
- Building control regulations.
- Proposed new roads or traffic schemes.
- Proposed planning enforcement notices.
- Environmental Search. This surveys historical and current land records to show:
- Contamination of the land.
- Flood risk.
- Ground stability (i.e. subsidence risk).
- Historical coal mining.
- Radon gas.
- Energy and infrastructure (power stations, wind or solar farms).
- Development constraints.
- Water and Drainage Search. This reveals:
- Whether the property is connected to a mains water supply.
- Whether the property is connected to a public sewer.
- How the property is charged for water and wastewater services.
Several other searches can be undertaken depending on the results. Your conveyancer will be able to advise precisely which additional enquiries are required.
Additional residential property searches include:
- Neighbourhood search.
- Flood search.
- Mining searches.
- High-Speed Rail 2 (HS2) search.
- Underground railways search.
- Commons Registration.
At Onions & Davies, our residential conveyancing and property law solicitors support clients across various locations, including the towns and surrounding villages of Telford, Shrewsbury, Crewe, Nantwich, Stoke on Trent, Newcastle Under Lyme, Whitchurch, and Newport.
If you are buying or selling a property and want to speak to one of our experienced conveyancers, call us on 01630 652405 or email us at david@onionsanddavies.co.uk.
Most of our residential property matters are completed on a fixed-fee basis.
How long do searches take?
Searches generally take between two and eight weeks to complete, although this varies depending on the exact nature of the enquiries and how responsive the local authority is.
How long are conveyancing searches valid?
Conveyancing searches generally expire after six months. If you are buying with a mortgage and your purchase hasn’t gone through in this time, your lender will usually ask that new searches are carried out so that the information remains accurate and up to date.
Conveyancing Solicitors Shropshire
At Onions & Davies, we pride ourselves on our friendly, personal approach while providing specialist, professional advice on many areas of residential conveyancing and property law.
We are accredited under the Conveyancing Quality Scheme (CQS), which provides a recognised quality standard for residential conveyancing.
Our longstanding legal knowledge and commitment to excellence have earned us a strong reputation across Shropshire and beyond, making us the go-to choice for a wide range of conveyancing and property services.
Conveyancing is time-consuming, complex and can be risky without the proper assistance, so seeking specialist legal advice with your property transaction is essential.
Regardless of the nature of your property matter, our skilful conveyancing solicitors will guide you through the entire process, working with you to facilitate a smooth process, from our instruction all the way to completion.
We are focused on delivering high levels of customer care, and our experienced team, who also possess excellent local knowledge, will ensure that your matter is dealt with efficiently and with the utmost professionalism and expertise.
Contact us to speak to one of our experienced property lawyers for friendly, clear and, above all, practical advice. Please call us on 01630 652405 or email us david@onionsanddavies.co.uk.
Click here to make an online enquiry.