Land Charges search
A Land Charges search is performed when buying or leasing land or property
Buying a property, be it a house, flat, shop, factory or a plot of land, is a major undertaking. It is probably the single most expensive investment you will ever make. It is essential that you have as full a picture as possible of the property you are taking on and of any factors which may affect your future enjoyment of that property.
- What a Land Charges search is for
The search is an investigation into any information held by the local authority pertaining to a specific property or parcel of land and is usually required by your lender (your bank or building society) as a condition of securing a mortgage loan.
In most cases, when a property or parcel of land is purchased, leased, mortgaged or a valuation carried out, a request for a search is sent to the Local Land Charges Department at the Council in whose area the property lies. This search is usually submitted on your behalf by your solicitor or licensed conveyancer.
A basic search comprises two parts:
- the Official Certificate of Search which reveals all entries listed in the Local Land Charges Register
- the Con 29 Enquiries Form which consists of a series of standard questions
The local district council is responsible for providing the Official Certificate of Search and enquiries should be sent directly to the relevant district council Land Charge Searches Department. Formal Con29 searches should also be requested from the relevant district.
Information obtained from the search could provide answers to many of your questions including:
- are there any planning conditions which will affect my proposed use of the property?
- is the house in a Conservation Area?
- who maintains the roadway and footpath outside my front door?
- are the trees in the back garden protected by a Tree Preservation Order?
- is the property a Listed Building?
- are there any financial charges/debts for which I will become liable?
- are there any proposals to construct a new road or railway nearby?
- will the Council be introducing traffic calming, road restrictions or even residents' parking?
- is any extension built over a sewer and does it have building regulation consent?
- What Hampshire County Council can provide
The County Council holds the answers to the highway, rights of way and common registration questions on the Con29 Search. It supplies these answers to the district councils to be collated into their Con29 Search reply.
The County Council can supply these answers directly outside of the Con29 Search process.
- Conducting a search
Official Certificate of Search - District Council
A buyer, usually through a solicitor, can request a search of the Local Land Charges register using the LLC1 form and an Enquiries of Local Authority using the CON29 form. Both forms are submitted to the District Council.
Hampshire County Council is the Highway Authority for the 11 districts of Hampshire and is required to supply the information for these searches that relate to highways, public rights of way and common/village questions. The answers are passed to the district council who collate the answers and complete the response.
Formal Con29 - District Council
Under the Environmental Information Regulations 2005 Hampshire County Council is required to make any environmental information available for inspection free of charge.
If you wish to carry out the highway search enquiries yourself, these notes describe how the information required for answering the highway part of the Con29 may be accessed.
Question 2a Roads
This question asks whether a road is included on the List of Highways Maintainable at Public Expense (Section 36(6) Highways Act 1980).
Question 2b Subject to adoption
This question refers to whether a road on a new development is subject to a S38 agreement. A list of new development roads and whether they are covered by a S38 agreement is held by the County Council in the main reception and may be inspected during normal office hours (9am to 5pm).
Question 2c To be made up by local authority - cost reclaimed from frontagers
This question refers to Prospectively Maintainable Highways (Section 87 of New Roads and Street Works Act 1991).
The original County Council minute books are held in the Hampshire Record Office. A list is also available for inspection in the main reception and may be inspected during normal office hours (9am to 5pm).
Question 2d To be made up by local authority - cost not reclaimed from frontagers
There are none.
Question 2.2 Public Rights of Way
Question 3.2 Land to be acquired for Road Works
This question refers to proposed highway improvements where land is required from a property. A list of the highway schemes is held in the main reception, together with the plans showing the properties affected and may be inspected during normal office hours (9am to 5pm).
Question 3.3 Drainage Matters
(a) The legislation in the Flood Water Management Act 2010 which requires the setting up of Sustainable Urban Drainage Boards (SABs) which will adopt Sustainable Urban Drainage Systems has not been enacted.
(b) See above
(c) See above
Question 3.4 Nearby Road Schemes
This question covers both Hampshire County Council and Department of Transport Schemes. Hampshire County Council has published its strategic transport policies and individual town access plans. The Department of Transport Schemes can be found on the Highways Agency website.
Question 3.5 Nearby Railway Schemes
This question relates to new railway lines, tramways, light rail, etc. You should contact Network Rail for their proposed schemes. Any County Council rail schemes can be found via the link given at question 3.4.
Question 3.6 Traffic Schemes
This scheme relates to traffic schemes County Council proposals can be by via the link given for 3.4. Traffic schemes requiring an order are also published as public notices.
District councils in Hampshire have delegated powers to carry out traffic schemes and you should also check their web sites.
Question 3.7(e) and (g): Outstanding Notices
These refer to notices issued in respect of Highways Act 1980. Copies of current notices are kept in the file in main reception and may be inspected during normal office hours (9am to 5pm).
Question 3.12 Compulsory Purchase
A list of all Compulsory Purchase Orders held by Hampshire County Council is held at the main reception and may be inspected during normal office hours (9am to 5pm).
Question 4 Road proposals by Private Bodies
A list of Section 278 agreements which the have been entered into by the Hampshire County Council with developers for the construction of highway works is held at the main reception and may be inspected during normal office hours (9am to 5pm).
Question 5 Public Paths or Byways
These can be found on the definitive map of rights of way
Question 21 Flood Defence and Land Drainage Consents
These are not currently available. Please email email@example.com
Question 22 Registered Common Land and Town or Village Green
22.1 The Commons and Village Green registration maps are held by Hampshire County Council’s Countryside Service and are available for inspection.
22.2 Notices under S15A of the Commons Act 2006 can be found on the public notices website.
22.3 see above.
Find your local council
Highway, rights of way and commons registration questions only - Hampshire County Council
Instead of accessing the information yourself, you can request the County Council to do the research, collate and supply the answers to personal search on your behalf.
The service and fee is identical to that provided by the district councils.
We will answer all the CON29 questions for the £21.75 fee. Please complete company's name and contact details, and box B, the address of the property. Box C should only be used for other roads, rear accesses, etc which are immediately relevant to the property.
We can answer individual CON29 questions, priced individually on the request form.
- Charges and fees
Alternatively you may ask individual questions which are charged as follows:
Question Fee (£) Full cost - All CON29R questions 21.75 2 Roads
5.25 2.2 Public rights of way
2.60 3.2 Land to be acquired for road works 2.60 3.3 Drainage Matters
2.60 3.4 Nearby road schemes
3.15 3.5 Nearby railway schemes
2.60 3.6 Traffic schemes
3.65 3.7 Outstanding notices
2.60 3.12 Compulsory purchase
2.60 4 Road proposals by private bodies
21 Flood and Land Drainage Consents 2.60 22 Commons Register 5.25 Administration fees 6.25
Please note that charges will be subject to VAT from the 1 January 2017
If you're happy you understand the search and fees: