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Legal & Paperwork

Searches: what each one is actually looking for

Searches are not a formality your conveyancer performs. Each one answers a specific question that could change what the property is worth.

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Most explanations of property searches stop at the point where it starts to matter. This one carries on.

The short version

  • Searches reveal matters not visible on inspection and not in the title.
  • They are property-specific and do not transfer to another purchase.
  • A clear search is information, not a guarantee of no risk.

What a search is for

Searches ask public bodies and data holders specific questions about a property that neither the seller nor an inspection would reveal. They exist because a buyer takes the property subject to matters recorded publicly, whether or not anybody mentioned them.

The results reach the conveyancer, who reads them against the title and the contract and raises enquiries about anything inconsistent. They are property-specific, so the money spent on searches for a purchase that collapses is not recoverable for the next one. The precise set of searches, who provides them and what they cover differs by jurisdiction, so treat this as a description of the categories rather than a checklist.

The local authority questions

A local search typically asks the authority about planning history, building regulation records, road status, enforcement notices and matters affecting the property directly. Planning history matters because it shows what was approved, which can be compared against what has actually been built.

Road status matters because a road that is not publicly maintained leaves the owners responsible for its repair, sometimes expensively. Enforcement and notices matter because they can require work or restrict use, and they attach to the property rather than the current owner. The search covers the property itself rather than the surrounding area in most systems, which is a limitation people often misunderstand.

Water, drainage and the pipes below

A drainage and water search establishes whether the property is connected to public water and sewerage, and where the public sewers run. A public sewer crossing the garden restricts building over it and may require agreement from the utility before any extension is built. Where the property is not connected, the search will show that, and the private system then becomes a separate investigation.

The search may also indicate whether the property is metered, which affects both running costs and the arithmetic of a large household. Ask specifically about responsibility for shared drains where a property is one of several served by a single connection.

Environmental and ground risk

Environmental searches assess contaminated land risk, historic industrial use, landfill proximity, flooding indicators and, where relevant, ground stability. Mining searches apply in areas with a history of extraction and consider subsidence risk, mine entries and any compensation arrangements.

Flood risk data is increasingly relevant to insurance as well as to safety, and a poor flood position affects both premium and saleability. A search result flagging risk is not the end of a purchase, but it usually prompts a more detailed report or a specific enquiry.

Insurance is the practical test: if a risk makes cover expensive or unavailable, that is a real cost regardless of the technical assessment.

The searches nobody expects

Chancel repair, common land, coastal erosion, energy infrastructure and various local schemes are examples of location-specific searches that apply in particular places. A conveyancer familiar with the area knows which apply, which is an argument against choosing purely on price from a distant firm. Some risks are addressed with an indemnity policy rather than a search, because the policy is cheaper than the investigation.

That is a legitimate approach for remote risks but is a decision to take knowingly rather than by default. Ask your conveyancer which searches they are ordering and why, because the answer tells you how well they know the locality.

Timing and cost

Search results can take days or weeks depending on the authority, and a slow local authority is a common cause of transaction delay. Ordering searches early rather than after other steps are complete is one of the simplest ways to shorten a purchase.

Search fees are payable whether or not the purchase completes, which is part of the real cost of a failed transaction. Some lenders accept search indemnity insurance in place of searches, which is faster but leaves you without the information they would have provided. Buying without searches is a decision to accept unknown risks, and it is rarely sensible even where a cash purchase makes it possible.

The takeaway

Order them early, read the results rather than filing them, and ask why each one was chosen for this particular property.

Small and repeatable beats ambitious and abandoned, almost every time.

Questions readers ask

Can I skip searches if I am buying with cash?

You can, but you would be accepting risks the searches exist to reveal. Lenders require them for a reason, and cash buyers face the same underlying issues.

Does a local search tell me about development next door?

Usually only about the property itself in most systems. Checking the planning register for the surrounding area is a separate exercise worth doing yourself.

Legal & Paperworklegalsearchesconveyancingrisk
Gareth Pryce
Editor, The Property Decision

Gareth edits The Property Decision and has sat through more chains collapsing than he cares to count.

Also by Gareth Pryce