Property purchase searches - are they necessary ?

Rhino666

It seems that conveyancing firms are falling over themselves to quote competitively for business at the moment. A lot of the cost of a property purchase is fixed costs - land registry charges, searches, transfer fee, etc.

Several of these conveyancing firms list Local search, Water search, Environmental search, Chancel search as optional with a cash purchase. The property I am buying was built by its current owner 40 years ago - do I need to do these searches ?

This property was first marketed in January 2010 when HIPS was still a requirement. Just wondering if any of the searches would have been part of this package and therefore available to me ?

kingstreet

Searches go stale, so they have to be updated.

What searches you have are dependent on a lender if you have a mortgage, or on you, if you are a cash buyer.

The local search shows any construction planned in the vicinity of your property. You might find out a landfill site, or bypass is planned if you have one. You might think these are unlikely. You have the search, or not, based on your feelings. Mortgage lenders normally insist on it.

Same goes for drainage and environmental. Are you happy the sewers are adopted by the water company? If you are, no search needed. Environmental? No concerns about previous use of the land? Fine.

Are you in an area where chancel repair insurance is advisory? Check it or don't check it. You accept some risks, insure against others?

Horses for courses, TBH.

Neil_in_Bristol

kingstreet wrote: »

The local search shows any construction planned in the vicinity of your property. You might find out a landfill site, or bypass is planned if you have one. You might think these are unlikely. You have the search, or not, based on your feelings. Mortgage lenders normally insist on it.

As far as I know, the local search will also cover things such as whether there is a compulsory purchase order on the property, so I would think very carefully before you skip it.

timmyt

kingstreet wrote: »

Searches go stale, so they have to be updated.

What searches you have are dependent on a lender if you have a mortgage, or on you, if you are a cash buyer.

The local search shows any construction planned in the vicinity no it doesn't of your property. You might find out a landfill site, or bypass is planned if you have one. You might think these are unlikely. You have the search, or not, based on your feelings. Mortgage lenders normally insist on it.

Same goes for drainage and environmental. Are you happy the sewers are adopted by the water company? If you are, no search needed. Lenders insist on this search and you'd be unwise not to have one if you do not have a mortgage Environmental? No concerns about previous use of the land? Fine.

Are you in an area where chancel repair insurance is advisory? Check it or don't check it. You accept some risks, insure against others?

Horses for courses, TBH.

You don't work for a conveyancng factory do you?:rotfl:

timmyt

Rhino666 wrote: »

It seems that conveyancing firms are falling over themselves to quote competitively for business at the moment. A lot of the cost of a property purchase is fixed costs - land registry charges, searches, transfer fee, etc.

Several of these conveyancing firms list Local search, never optional Water search, very unwise to be optional Environmental search, Chancel search as optional with a cash purchase. The property I am buying was built by its current owner 40 years ago - do I need to do these searches ? you should always do the first 2 and for a further £60 bnbest advised to do the latter two. If you have a lender then all should be done.

This property was first marketed in January 2010 when HIPS was still a requirement. Just wondering if any of the searches the only two searches would be local and drainage in the HIP, so no the local search result is only valid in the eyes of lenders (and even if no lender you'd be unwise to risk it for longer) for 6 months and technically can change a second they are done but 6 months is the general time people risk the result for - but I would not repeat a drainage search as if it confirms connection to mains it won't have come off mains (you can ask the seller to confirm it remains connected) would have been part of this package and therefore available to me ?

good luck OP

Rhino666

Hi Kingstreet

Thanks for the honest and informed answer.

In my particular case I could definitely dispense with the Chancel search and environmental search but the water and local search results are not so easy to dismiss.

Would the HIPS that would have been provided when the property was first placed on the market contain this information ?

Thanks

kingstreet

timmyt wrote: »

You don't work for a conveyancng factory do you?:rotfl:

Nah. Behave. Would I have the daft mortgage adviser declaration down there if I did?

Local search doesn't show up planning applications in the vicinity?

He's a cash buyer, so with Drainage/Environmental I'd moved on to the things he could choose, or not, at his own risk. Personally I think he'd be daft to avoid either. There's another thread on here about "naturally occurring subsidence" coming up on an environmental report.

Richard_Webster

Local search doesn't show up planning applications in the vicinity?

Not sure whether this is a question or not. Anyway TimmyT has already answered it.

But to re-emphasise the point:
Local searches DO NOT show planning applications in the vicinity.

kingstreet

Richard_Webster wrote: »

Not sure whether this is a question or not. Anyway TimmyT has already answered it.

But to re-emphasise the point:
Local searches DO NOT show planning applications in the vicinity.

It was a genuine question. What does a local search reveal, Richard?

poppysarah

http://www.gwynedd.gov.uk/gwy_doc.asp?cat=5604&doc=19476&Language=1

This seems to put it briefly:

Local Plans for the area, building regulations, planning decisions affecting the property, traffic schemes, road agreements whether roads abutting the property are maintained at the public expense or are private roads. Replies may also reveal if the property is affected by contaminated land.

But does say local plans for the area - not sure what that includes

http://www.bathnes.gov.uk/environmentandplanning/landandpremises/landcharges/Pages/OfficialSearches.aspx

• whether or not the highways adjoining the property are publicly maintained
• major road schemes close to the property, and minor schemes abutting or affecting the property
• drainage to the property
• a list of planning decisions affecting the property
• contaminated land
• a list of building regulations affecting the property

Richard_Webster

It was a genuine question. What does a local search reveal, Richard?

Best way is to see the forms. Some authorities have the LLC1 and Con29R forms available for downloading and particularly with the latter form you see the questions asked.

Some of things are:

Planning permissions, planning agreements, Tree Preservation Orders, Listed building consents, Recent Building Regulation notices, consents and completion certificates all relating to the property, whether the road abutting the property is adopted, road proposals within 200m, whether the road abutting the property is adopted.....

Proposed Traffic and Parking restrictions....

Proposals for compulsory purchase, various obscure notices - dangerous structures, improvement grants, non-payment of charges for rodent operative to deal with rats at the property....

It will list planning policies that are relevant but this isn't very helpful in practice as each Council will have its own set of policies which will have vague names like "Countryside Protection". There is no way on earth that a conveyancing solicitor can know what all these say and fees would increase exponentially if we had to get copies of all these policies and read them before advising buyers whether or not to proceed with a purchase. They govern how a planning authority will treat applications for planning permission on the land and generally in its vicinity. You pay planning consultants a lot of money to do this if you want to obtain plannng permission for something or fight a planning appeal.