Why have a Local Authority Search?
The "search" or local authority search is a search of the Local Authority’s records of, amongst other things, the planning in the local area. The Local Authority Search is intended to protect you from nasty surprises after you've bought your new house.
A Local Authority Search is usually carried out by your conveyancer as part of the conveyancing process, the local authority search is a check against any planning activity which might have an affect the property you're considering buying.
An example of planning activity found in a local authority search would be a new housing development or industrial estate being planned. You would not want to buy a house with a view only to find a housing estate being built at the back of the property six months after you have moved in! nor would you want to discover a few months after you've moved that there are plans to turn your quaint little road into a dual carriageway or to replace the little shop on the corner with a supermarket. This is why the Local Authority Search is useful.
The local authoirty search looks for planning proposals such as new roads, changes to road layouts, building developments in the vicinity and alterations to land use or public rights of way. It could also warn you of extra planning restrictions that might lie ahead, such as putting your new home into a conservation area.
Things to check
Ask how wide the area covered by the local authority search is - because this can vary. If the local authority search is described as taking in the "immediate environs" ask if that means the adjoining houses, the street or the neighbourhood?
Don't make assumptions that developments a few streets away will necessarily show up on a local authority search. A Local Authority search generally only covers the immediate vicinity – that may not cover a piece of land a street away – but if an industrial estate was being built on that street it may have a detrimental effect on the value of your property. Additional enquiries of the council by your conveyancer may be required. The local authority search is carried out on your behalf, so make sure that the information is what you think it is - because any problems afterwards are going to be difficult to rectify.
How long does a local authority search take?
The time it takes for a local authority search to be carried out can vary according to the Local Council. Generally it takes around two weeks; however more and more conveyancers are using personal searches carried out by search companies the results of which can come back in a week. The only drawback to personal searches is that they are often not as complete as those local authority searches carried out directly by the Local Council. Personal Search Companies may opt not to search certain records but to offer insurance against there being any adverse entries, instead. This means that you can make a claim against them should your property be effected by say, an adverse entry that in the records that were not searched.
Another factor to consider is that, in terms of the timetable for moving, it is worth remembering that a local authority search can soon become out-of-date. If there is a long delay in the housebuying process your local authority search could be months old by the time you move in - and any recent planning proposals will not be covered. Also, if you are having a mortgage, lenders will insist that local authority searches are no more than three months old.
It is particularly important that you have advice from a Conveyancer who is experienced in interpreting a Local Authority Search and ideally has knowledge of the local area.
At iconvey, we are specialists in conveyancing and Property Law with many years of experience of dealingwith properties in London. Buying a house can be stressful; iconvey will guide you through every step of the way; working closely with you, our experienced and knowledgeable conveyancers are always at hand keeping you informed every step of the way. We ensure that you are always aware of the costs at the outset with a transparent fee structure and no hidden fees.
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