Are Conveyancing Searches Necessary?
Conveyancing searches may seem like tedious extra steps that complicate an already lengthy home-buying process. However, these property checks provide crucial insights that could make or break a sale. Skipping important searches could leave buyers vulnerable to unexpected risks and expenses down the line. This guide covers what key searches uncover, from environmental hazards to planning restrictions. Read on to understand why comprehensive conveyancing due diligence should be non-negotiable when purchasing property.
Defining Conveyancing Searches
Conveyancing searches refer to checks done on a property’s history, condition and impacts on the surrounding area. Searches dig up useful information that may not be obvious at face value when viewing a home. Standard conveyancing searches include local authority checks, environmental reports, flood risk assessments, mining searches and more. These are ordered by the buyer’s conveyancer from specialist agencies. The results inform about any potential issues like contamination, planning restrictions or infrastructure projects. This protects the buyer from developing issues or past problems that could devalue the property. Skimping on conveyancing due diligence is risky in the long run.
Local Authority Searches
Local authority searches provide planning and development context around the property. They are one of the most important searches to undertake. Council searches reveal information including:
- Planning permissions granted – have extensions or conversions been approved?
- Conservation area status – is the property subject to heritage restrictions?
- Road schemes – are new transport links proposed nearby?
- Enforcement notices – has the property breached regulations?
- Building control – have renovations met council standards?
- Squatting or housing issues – does the property have any flags?
This information from the local council gives invaluable insight surrounding the property’s status. It highlights issues that could surprise buyers after completion. Checking for planning breaches or upcoming roadways early is prudent. Make sure your conveyancer obtains a thorough local authority search.
Drainage and Water Searches
Understanding drainage and water supply around the property is another key search area. Drainage surveys examine the condition and maps of public sewers serving the property. This highlights potential problems like cracked damaged pipes requiring repairs. Water searches check if the property is connected to the mains supply or private systems like wells or treatment plants that may need upgrading. Water meter locations are also confirmed. Issues here can be costly to resolve. Checking the property’s foul water and surface water drainage connections are sound and prevents nasty surprises from concealed problems overflowing post-purchase.
Environmental searches assess contamination risks including:
- Flooding history
- Radon gas exposure
- Landfill proximity
- Previous site uses
- Potential asbestos
- Ground stability
- Fracking hazards
Past industrial usage like factories or landfills on or near sites can create chemical contamination or vapours like methane permeating the property. Older buildings often contain asbestos too requiring professional removal. Environmental searches identify these risks so remediation or protective measures can be budgeted for. Results may influence mortgage lending decisions as well if issues seriously impact habitability. Do not cut corners here – unexpected decontamination costs down the track can quickly spiral.
Chancel Repair Searches
Chancel repair searches examine whether the property falls within a parish that can legally enforce financial contributions towards church building repairs. This generally only applies to very old properties located within historic parishes. If payable, chancel repair liability stays with the property in perpetuity. While rare, these repair obligations have caught many owners unaware when church councils later issue demands. A cheap search now provides peace of mind about potential religious property taxes. Skipping could see buyers blindsided by hefty charges for long-forgotten medieval buildings.
In former mining areas like coal districts, checks on underground tunnels and shafts provide important safety reassurance. Mining searches determine the proximity of disused workings and if the property lies on historical maps. Abandoned mines threaten ground stability decades later as shafts collapse. Confirming the site lies outside these zones offers protection. While no longer an active industry, old workings still affect large swathes of the UK. Where mining occurred historically, this search provides essential reassurance. Taking shortcuts here could literally result in the ground vanishing beneath your property.
Flood histories and risk forecasts should be researched via environmental searches too. Official flood maps detail zones prone to flooding from rivers, seas and surface water runoff. Properties in high-risk zones may require special insurance or preventive measures. Flood data also informs about past events affecting the property, providing insight even if not located near water channels today. Seeking previous owners’ or neighbours’ accounts of flooding provides additional anecdotal insights not always reflected in checkable data. Being forewarned about flood vulnerability allows protective steps like installing drainage pumps or barriers. Ignoring could mean you end up underwater.
Energy Performance Certificates
Energy Performance Certificates (EPCs) provide efficiency and emissions ratings for the property. They are required by law for sales and rentals today. The certificate indicates potential improvements and costs to upgrade systems like insulation, heating and windows. High ratings make properties cheaper to run while low-graded dwellings signal expensive Bills and upgrades required. Checking the validity of any advertised EPC forms part of conveyancing due diligence to avoid misrepresentation. Understanding energy costs and carbon impacts allows buyers to budget realistically during ownership. Review certificates carefully rather than just noting the letter rating which does not give the full picture.
Checking for rights, covenants and interests affecting the property is another key part of local authority searches. Rights of way across land, shared maintenance obligations and restrictive property covenants may exist without being obvious at face value. Checking the Land Registry highlights any such conditions tied to the property in perpetuity. Things like public footpaths or access easements can limit changes you planned like erecting fences. Ideally, entries here should show no lingering rights that complicate ownership. While rare to impact saleability mortally, being aware of any restrictive covenants or access rights allows for informed budgeting during conveyancing.
Reviewing planning permissions granted for the property allows buyers to detect any breaches or unapproved changes. Searches should highlight any extensions, lofts or conversions that require council approval. Cross-check these against the current property layout looking for any potential violations. While alterations by previous owners may have seemed minor, unapproved works without permits can seriously complicate sales, mortgage lending and home insurance. Verifying all upgrades were sanctioned provides peace of mind that no planning skeletons lurk in the closet. Catching unauthorised changes early allows issues to be remedied before completion.
Buyers should check that properties are not embroiled in neighbourhood wrangles, disputes or complaints. Warning signs like high fences or CCTV cameras may indicate tensions. Reports of anti-social behaviour or acrimonious relationships between the seller and nearby residents are also concerning. Such disputes could Leave new owners inheriting ugly conflicts or costs if legal issues are pending. Wrangle-free neighbourhoods and good community rapport are ideal. Balance friendliness with wariness of gossip, however – minor grumbles may get blown out of proportion. Seek professional searches combined with instinct when assessing local dynamics surrounding the property.
Why Searches Matter
Conveyancing searches may seem tedious and frustratingly slow parts of the home-buying process. However, they provide first-time insights that viewing the property cannot reveal alone. Taking shortcuts by only ordering basic searches or none at all, may save some upfront time and money but proves a false economy long term. Comprehensive due diligence protects buyers from inherent risks going undetected before legal completion. The few hundred pounds spent per search is worthwhile insurance against issues like subsidence, flooding, contamination and planning breaches costing thousands down the line. Conducting key conveyancing searches offers satisfying reassurance that no skeletons lurk once the property is secured. Remove the question mark before committing.
Who Conducts Searches?
While the buyer pays for professional conveyancing searches, your appointed solicitor or conveyancer will be responsible for ordering and reviewing them. Allow plenty of time in your completion timeline for your representative to gather thorough results. Be ready to follow up if any unclear issues or gaps appear so they can seek clarification. Conveyancers should translate complex search reports into digestible summaries for buyers, highlighting potential impacts on the sale’s viability. A good conveyancer will guide you through interpreting what search results mean and flag any warning signs needing negotiation with the seller. While tedious, searches help conveyancers fully protect your legal interests during transactions.
When Are Searches Conducted?
Searches are normally conducted soon after an offer is accepted and conveyancing begins. However, serious buyers may wish to begin pre-purchase searches earlier during property viewings to uncover deal-breakers before spending on valuations or applications. At the latest, instruct your conveyancer to initiate key searches within the first few weeks of engagement while other legal work proceeds. This prevents searches from delaying completion deadlines. You should expect at least 2-4 weeks for all results to filter through, factoring this into calculations around projected move dates. Rushing searches heightens risks of missing vital intel, so budget adequate search time even if keen to progress quickly. Waiting until the last minute could jeopardise your whole transaction.
How Are Searches Done?
There are two primary methods conveyancers use to conduct property searches on your behalf:
- Desktop Search – A basic search compiling available databases like flood maps and local authority records. The cheapest option but risks missing unrecorded issues.
- Physical Site Search – Searchers visit the property area in person checking for risks. More thorough but at a higher cost.
Choosing primarily desktop searches keeps fees lower but may overlook hidden problems not documented like drainage defects or neighbourhood quarrels. Opting for physical site searches too provides an extra layer of insight at the expense of your bottom line. Discuss options with your conveyancer to balance due diligence with budget considerations. If initial desktop searches flag possible issues, follow up with a physical site search for clarity.
Property Information Forms
Your conveyancer will also request the seller complete a property information form detailing any known issues. This requires the seller to declare problems like planning breaches, disputes and contamination. Take declarations based on honesty at face value cautiously, however. Some owners may downplay concerns they fear could jeopardise sales if disclosed. Treat information forms as a useful prompt guiding further searches rather than relying completely on their veracity and candour. This stops sellers from conveniently ‘forgetting’ awkward issues. Get the facts independently via thorough searches.
Managing Unexpected Results
If searches uncover worrying issues that could impact property value, conveyancers enter problem-solving mode. First, understand the exact nature and severity of the problem if the initial search report is unclear. Further surveys may be required to assess risks and costs accurately. Armed with all facts, conveyancers can then advise reasonable next steps – walking away, renegotiating or factoring mitigation costs into offer prices. Acting before completion means losing only the search fees, not the full price. Handled well, surprises can be resolved. However, conveyancers must keep clients updated with clear advice throughout the process. Make sure they have your best interests covered.
Future Development Plans
Checking councils’ development plans provides foresight about how surrounding areas may evolve over the coming years. Consult local authority sites outlining major homebuilding or commercial developments in the pipeline plus planned road upgrades and other infrastructure projects. Being aware proposals nearby could increase traffic or construction disruption prevents rude surprises. Equally upcoming regeneration and amenity improvements may enhance areas, so change is not always negative if investments follow. Just ensure you make purchase decisions with eyes open about how the locale could alter based on proposed public works in the vicinity.
Who Pays for Searches?
The homebuyer typically covers the costs of conveyancing searches. However, some buying agents offer to cover search fees as part of their service. This allows buyers early insight into issues before committing funds to conveyancing and applications. Check if this search funding forms part of agent services when negotiating. Otherwise, factor conveyancing search costs into your budgets. Protecting your investment warrants the small upfront spend into risks unknown.
Conducting comprehensive conveyancing searches may cause short-term delays in transactions, but they are essential investments that prevent buyer regret and potential issues like a house squat. Skipping due diligence means purchasing blind, oblivious to the history and hazards tied to the property, leaving you unaware of potential challenges like house squatting. From flooding to fracking, environmental searches uncover factors that not only influence valuations but also impact the property’s sales appeal, including the risk of house squatting.
Ensure that local authority and planning checks cover permissions, disputes, and road schemes comprehensively to avoid any unforeseen issues like house squatting. While spending a few hundred now may seem like an additional cost, it safeguards against potential expenses amounting to thousands later, especially when considering factors like house squatting. Work closely with your conveyancer to extract key risks from dense technical reports, as conveyancing searches, though not always mandatory, provide peace of mind about the true condition of major purchases. Removing doubts through thorough due diligence allows you to proceed confidently, knowing what may hide below the surface, including potential issues like house squatting.