When you're looking to buy a home there are several obstacles to overcome.
Not only do you have to go through the rigamarole of searching for a house, signing a contract and packing and unpacking your possessions, but you also need to get a conveyancer.
A conveyancer is someone who specialises in the legal side of moving house. Their job is to facilitate the transfer of property from one owner to another.
Amid the rigours of moving, this may seem like a time sink – and you may suspect that you're paying someone to sit and play with their desk toys. In fact, it's a process that has many stages, all of which require time and legal expertise.
In this article, we take a peek behind the curtain and look at one stage of the process – conveyancing searches.
What are conveyancing searches?
Sometimes known as property searches, conveyancing searches are enquiries made on your behalf to public authorities that hold information about a property. They furnish you with information about the property you plan to buy, the land it sits on and other factors that may affect it.
This may seem pointless – after all, hasn't the seller already provided you with all the information you need? But in fact, sellers aren't legally obliged to give it to you straight. They may wilfully leave out information that could reduce the asking price, or, more benignly, accidentally present you with misleading or out-of-date info. You might also be unaware of planned developments or environmental risks in the vicinity of the property that could affect your decision to buy.
Buying a home is, of course, a huge and costly decision, so it's important to go into the process equipped with all the facts available. Your conveyancer is there to gather this information so that you don't have to.
When should conveyancing searches take place?
These searches should be carried out before contracts are exchanged by you and the seller. Once the contracts have been exchanged, you no longer have the chance to raise enquiries about factors affecting the property. You're legally bound to pay – and not doing so results in a breach of contract.
The conveyancer's job is to liaise between you, the seller and relevant public bodies. Part of their job is ensuring things happen in the correct order and in a timely fashion.
If you're a cash buyer, you're not under any legal obligation to carry out these searches. Mortgage lenders, however, will legally require you to have some carried out.
Which conveyancing searches do I need to have carried out?
Mortgage lenders require:
1. Local Authority search
This is where your conveyancer liaises with local authorities to gather information about the property you desire.
Local authority searches come in two parts. The first (the LLC1) uncovers any charges or restrictions on the property, answering questions like:
The second part of the search (known as the CON29) provides you, the buyer, with information about the property's surroundings. In particular:
2. Drainage and water search
This covers sewer connections and water supply. It's carried out by your conveyancer, who liaises with the company responsible for water and drainage in the property's area.
While a seller can tell you about the property's drainage and water, the supply company will be able to break it down for you in more detail. They can tell you:
3. Environmental search
Your conveyancer will also liaise with an environmental agency to establish whether the property is affected by contamination. This is done by consulting historical and current records of the way the land it sits on has been used. The report will include:
Other types of conveyancing searches
The three types of conveyancing searches we discussed above are all required by mortgage lenders. There are, however, a range of other searches that need to be carried out in less common circumstances.
Many of these are location specific – for instance, a mining search will need to be undertaken if you live in an area that was used for mining. Others follow on from the environmental search. If this threw up a flood risk or subsidence risk, your conveyancer will arrange a flood search or subsidence search to find out more. There are also:
This is by no means an exhaustive list. Your conveyancer will advise you as to what searches you need and ensure you have all the information you require before you exchange contracts.
Are you buying a property and looking for a conveyancer? If so, please consider contacting us here at Milners for a no-obligation conveyancing quote.
Pontefract Office
9A High Street
Upton, Pontefract
West Yorkshire
WF9 1HR
Darlington Office
Close Thornton Solicitors
31 Houndgate
Darlington
DL1 5RH
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Harrogate Office
11A Princes Square
Harrogate
North Yorkshire
HG1 1ND
01423 530 103
Darlington Office
Close Thornton Solicitors
31 Houndgate
Darlington
DL1 5RH
01325 466461
Pontefract Office
9A High Street
Upton, Pontefract
West Yorkshire
WF9 1HR
01977 644 864
Authorised and regulated by the SRA, SRA ID 52317
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