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Written by: Ruth Stevenson, Director/Solicitor at Ives & Co Solicitors
Property searches are checks carried out as part of the conveyancing process when you purchase a property. They provide important information about the property, the land it sits on and matters in the surrounding area that may affect your decision to proceed.
The main property searches usually include a local authority search, drainage and water search and environmental search. Depending on the property and its location, your solicitor may also recommend additional searches, such as flood, mining or other location-specific reports.
Searches matter because some important issues affecting a property may not be obvious from viewing it. They can reveal matters relating to planning, roads, drainage, environmental risks and restrictions that could affect your ownership or use of the property.
Table of Contents
- Property searches at a glance
- What are property searches?
- What does a local authority search reveal?
- What is a drainage and water search?
- What is an environmental search?
- What additional property searches might be required?
- Are property searches the same as a survey?
- Are searches the same as checking the legal title?
- Why do property searches matter?
- What happens if a search reveals a problem?
- Do you need searches if you are a cash purchaser?
- How long do property searches take?
- Frequently asked questions
- Speak to a conveyancer
Property Searches: At a Glance
When purchasing a property in England or Wales, your solicitor will usually arrange searches early in the conveyancing process. They will ask you for monies on account (also known as disbursements) to order these searches, and quite often they cannot initiate this until they receive the Contract papers from the vendor’s solicitors.
The three searches commonly obtained are:
- Local authority search – provides information about matters such as planning, building regulations, road schemes and restrictions affecting the property.
- Drainage and water search – provides information about water and sewerage connections and related infrastructure.
- Environmental search – assesses certain environmental risks affecting the property or surrounding land.
Other searches may be recommended depending on the property’s location and circumstances.
Searches are an important part of investigating a property before you become legally committed to purchasing it. Searches are compulsory if you are having a mortgage to part-fund your purchase, but can be optional if you are a fully cash purchaser.
What Are Property Searches?
Property searches involve obtaining information from local authorities, water companies and other data providers to identify matters that may affect the property.
When you view a house or flat, you can inspect its general appearance and, with the help of a surveyor, investigate its physical condition. However, many matters that could affect the property cannot be identified simply by looking at it.
For example, you may not know from a viewing whether there are planning restrictions affecting the property, whether a road scheme is proposed nearby or whether the property is located in an area associated with particular environmental risks.
Searches help your solicitor investigate these matters before you exchange contracts.
What Does a Local Authority Search Reveal?
The local authority search is one of the main searches obtained during a property purchase.
It provides information held by or available through the relevant local authority and associated records concerning the property.
Depending on the information available and the particular search, this may include matters such as:
- Planning permissions relating to the property
- Building regulation information
- Conservation area status
- Listed building status
- Tree preservation orders
- Planning enforcement notices
- Certain financial charges affecting the property
- Road schemes and proposals
- Whether roads serving the property are maintained at public expense
- Compulsory purchase matters
This information can be important when deciding whether to proceed with a purchase.
It is important to understand that a standard local authority search primarily relates to the property being purchased; it does not relate to the wider environment.
If you have particular concerns about proposed development nearby, tell your solicitor so that they can discuss whether further investigation or an additional search is appropriate. Also, contact your local council, which will be able to show you plans of local developments within the area.
What Is a Drainage and Water Search?
A drainage and water search provides information about the water and sewerage arrangements affecting the property.
Depending on the search and property, it can provide information about matters such as:
- Whether the property is connected to mains water
- Whether it is connected to the public sewerage system
- The location of certain public sewers and water mains
- How drainage services are charged
- Whether there are relevant pipes or infrastructure within or close to the property
This information can be particularly important if you intend to extend or develop the property.
The existence and location of drainage infrastructure may affect what can be built and where, so your solicitor may need to investigate further if the results raise concerns. If you plan on extending or altering your property, you should always speak with a builder and/or the water board before doing so in case there are any issues with the location of drains.
What Is an Environmental Search?
An environmental search uses available environmental and historical data to identify potential risks associated with the property and surrounding area.
Depending on the report obtained, it may consider matters such as:
- Potential contaminated land
- Historical land uses
- Flooding risks
- Ground stability
- Subsidence risks
- Other environmental factors relevant to the location
A result indicating a potential risk does not automatically mean that you should not purchase the property.
It may simply mean that further investigation, specialist advice or an additional report is recommended before you proceed.
Your solicitor is NOT qualified to advise on environmental issues, but they can point to the relevant bodies and/or sections within the report for guidance.
What Additional Property Searches Might Be Required?
Not every property requires exactly the same searches.
Your solicitor will consider factors such as the property’s location, the requirements of your mortgage lender and any information that becomes apparent during the transaction.
Additional searches may include:
Flood Search (however, a lot of the environmental searches now include this as standard, so it is worth checking with your solicitor first)
A more detailed flood search may be appropriate where there are concerns about flooding from rivers, the sea, surface water or other sources.
Flood risk can be relevant not only to the property’s physical condition but also to insurance, mortgage lending and future saleability.
Mining Search
If the property is situated in an area affected by historic mining activity, an appropriate mining search may be recommended.
For example, a coal mining report can provide information about matters including former mine entries, reported mining hazards and other mining activity in the area.
Other Location-Specific Searches
Some areas have particular historical or environmental characteristics that justify additional searches.
The searches required for a property in one part of England or Wales may therefore differ from those appropriate for a property elsewhere.
Your solicitor will advise which searches are suitable for your particular transaction.
Are Property Searches the Same as a Survey?
No. A property search and a property survey serve different purposes.
Searches investigate legal, environmental and infrastructure-related information associated with the property and its location.
A survey is concerned primarily with the physical condition of the property.
Depending on the type of survey you commission, a surveyor may identify matters such as damp, structural movement, roof problems or defects requiring repair.
Similarly, a mortgage valuation is not the same as either a conveyancing search or an independent property survey. A mortgage valuation is primarily carried out for the lender to assess whether the property provides suitable security for the loan.
Purchasers should therefore not assume that searches replace the need to consider an appropriate survey.
If your survey reveals anything you wish to explore further, you should notify your solicitor, and they will advise you of the best course of action.
Are Searches the Same as Checking the Legal Title?
No. Investigating the property’s legal title is another important part of your solicitor’s work.
HM Land Registry records for registered property can contain information about matters such as ownership, tenure, rights of way, easements, restrictive covenants and mortgages or other entries affecting the title.
Your solicitor will review the title documentation separately from the property searches.
Together, the title investigation, searches, information supplied by the vendor and replies to legal enquiries help your solicitor build a fuller picture of the property before you commit to the purchase.
Why Do Property Searches Matter?
Purchasing a property is a significant financial commitment. Searches help identify information that could affect:
- Your decision to purchase
- Your ability to use or alter the property
- Your mortgage lender’s willingness to lend
- Buildings insurance
- Future development plans
- The property’s future saleability
- Additional investigations you may need before exchange
The purpose of searches is not to guarantee that a property is completely free from risk.
Instead, they provide information that allows you, your solicitor and, where relevant, your mortgage lender to make a more informed decision.
What Happens if a Search Reveals a Problem?
A search result identifying an issue does not necessarily mean that the transaction cannot proceed.
Your solicitor will consider the nature and significance of the issue and advise you about the next steps.
Depending on the circumstances, this might involve:
- Raising further enquiries with the vendor’s solicitor.
- Requesting additional documentation.
- Obtaining a more detailed or specialist search.
- Asking you to obtain specialist advice.
- Considering whether indemnity insurance is appropriate in certain circumstances.
- Reporting the matter to your mortgage lender where required.
- Discussing whether the issue affects your willingness to proceed.
Some search results may identify relatively routine matters that can be dealt with during conveyancing. Others may require more detailed investigation. Some search results may need to be referred to a mortgage lender for their consent and instructions on how to proceed.
Do not be afraid to ask your solicitor what a particular result means in practical terms.
Do You Need Searches if You Are a Cash Purchaser?
If you are purchasing without a mortgage, you are not subject to a lender’s requirements in the same way as a purchaser using mortgage finance.
However, that does not mean searches have no value.
Without searches, you may be purchasing the property without information about matters that could affect its use, value, development potential or future saleability.
If you are considering proceeding without some or all searches, discuss the risks with your solicitor first so that you can make an informed decision.
Where a mortgage is involved, the lender will usually have requirements concerning the searches and investigations that must be undertaken.
How Long Do Property Searches Take?
There is no single timescale for property searches.
Turnaround times can vary depending on:
- The local authority or search provider
- The type of search
- The property’s location
- Demand at the time
- Whether further information is required
- Whether additional specialist searches are necessary
Some searches may be returned relatively quickly, while others can take longer.
On average, a drainage search and environmental search can be returned within 48 hours of ordering, but a local search can take from 14 to 28 days.
Your solicitor will usually order the appropriate searches during the early stages of the purchase once they are in a position to do so.
Responding promptly to your solicitor’s requests for search funds and other initial information can help avoid unnecessary delays.
Frequently Asked Questions
What are the main property searches when purchasing a house?
The main searches usually obtained are a local authority search, drainage and water search and environmental search. Additional searches may be recommended depending on the property’s location and circumstances.
Why are property searches important?
Property searches can reveal information that may not be apparent from viewing the property, including planning matters, road proposals, drainage arrangements and environmental risks. This information can help you make an informed decision before exchange of contracts.
Do I legally have to have property searches?
The searches required will depend on your circumstances. If you have a mortgage, your lender will usually require your solicitor to carry out searches and other investigations in accordance with its requirements. Cash purchasers should still carefully consider the risks of proceeding without searches.
Do searches tell me whether the house has structural problems?
No. Searches are not a substitute for a property survey. If you want information about the physical condition of the property, you should consider obtaining an appropriate survey from a qualified surveyor.
What happens if a search reveals a risk?
Your solicitor will review the result and advise you about its legal significance. Further enquiries, specialist reports or other action may be recommended depending on the issue identified.
Can property searches stop me from purchasing a house?
A search result does not necessarily prevent you from purchasing a property. However, it may reveal information that affects your decision or a mortgage lender’s decision to proceed, or require further investigation. A mortgage lender may also have requirements that need to be satisfied.
When are property searches carried out?
Searches are normally ordered during the conveyancing process after your offer has been accepted and your solicitor has been instructed. They should generally be completed and reviewed before you exchange contracts.
Are searches needed when purchasing a new-build property?
Yes, searches can still be important when purchasing a new-build property. New properties can be affected by planning conditions, roads, drainage arrangements, environmental matters and other issues that require investigation.
Will searches tell me about planned development next door?
The search may include an application for the immediate next-door property, but usually nothing else is noted. If nearby development is particularly important to you, tell your solicitor so that additional investigations can be considered.
Speak to a Conveyancer
Property searches are an important part of understanding exactly what you are purchasing. Your solicitor can explain which searches are appropriate, review the results and advise you if anything is identified that requires further investigation before exchange.
If you are purchasing or selling a property in England or Wales, please contact one of our offices or email quotes@ivesandco.com so that we can provide you with a quotation, or call us to discuss how we can assist.
Our conveyancing team will be happy to discuss your transaction and guide you through the next steps.
