Local Land Charges Search

It is important to have a search carried out when buying a property as it is designed to protect prospective purchasers by informing them of, for instance, plans to build a new road in the vicinity, whether the highway fronting the property is public or privately maintained, to let them know about planning permissions or conditions, tree preservation orders, enforcement notices or housing grants etc which may affect the property to be purchased.

Each search involves research in respect of town planning, statutory orders, highways, housing and environmental health matters and is sent to the four separate Council service groupings for their action. When the Land Charges officers receive the required information the replies from the service groupings are collated and completed searches are usually returned to the applicant within 5 working days.

The Law Society encourages the use of official searches and recommends that the alternative, personal searches of the statutory register (which only disclose limited information), should only be taken when there is insufficient time for an official search. You are advised to confirm with your solicitor that an official search has been undertaken and to inspect the Certificate of Official Search.

The Searches

LLC1 - this first part, the Official Certificate of Search Form, deals with all the registerable charges, for example financial charges (registered against the property by the local authority), improvement grants, tree preservation orders, conditional planning consents and agreements.

CON 29R - the second part, called Enquiries of Local Authorities Form, deals with issues such as road schemes, the planning history of the property and various notices which affect the property. Please note that searches must include the following when submitted to be accepted for processing:

The correct address quoted together with an up to date scale plan in duplicate showing the extent and location of the land subject of search, clearly edged in red.

The appropriate payment from the solicitor (clients own cheques are not accepted as a method of payment).

Gateshead Council is now able to accept search requests and payment electronically from solicitors who are registered to use the NLIS (The National Land Information Service). For further information about this please contact the Local Land Charges Office.

Fees (As of 1 July 2008)

Non-electronic fees:

LLC1 and CON 29R (standard search forms - residential) £104;
LLC1 and CON 29R (standard search forms - commercial) £146;
LLC1 (search of Land Charges register only) £21.

Electronic fees:

LLC1 and CON 29R (standard search forms - residential) £94;
LLC1 and CON 29R (standard search forms - commercial) £136;
LLC1 (search of Land Charges register only) £16
CON29 Optional enquiries £11
Additional Solicitors questions £21
Extra parcels of land £10.

What about CON 29R questions?

The CON 29R enquiries questionnaire, which forms part of the official search, contains many 'Warning' questions, the answers to which you will not find on any of the statutory registers. Examples of the information only to be found by submitting a CON 29R are given below:

Compulsory Purchase Orders;
Proposed Tree Preservation Orders;
Many informal notices under planning and highways laws not found on any register;
Road proposals or schemes (including road widening);
Proposed enforcement action or breach of conditions notices.

If you rely on a personal search from a solicitor or personal search company may we remind you that they are not given, or entitled to receive, answers to the questions on the CON 29R, and any information they do obtain is not covered by Section 10(3) of the Local Land Charges Act 1975 which relates to compensation for loss. The only way to receive this information is to submit the official LLC1 and CON 29R forms.

Update to CON29

The new CON29 was introduced on 1st August 2007. It contains Required and Optional parts and now customers can submit Option questions individually if required. Each part is a standalone product that can be ordered separately.

Clients who wish to discover all relevant information may still submit both parts together, though they will not haveto be submitted at the same time after 1st August. The new Question 22 on the new CON29 Optional form is designed for common land enquiries, but for a temporary period DEFRA has decided to retain the existing CR21 forms.

Water Searches

Northumbria Water looks after the network of public sewers in Gateshead. If you are asking for a search to be undertaken or you are waiting to undertake a personal search please contact them on 0870 2417 408 or write to them at Northumbrian Water, the CON29 Section, Abbey Road, Pity Me, Durham, DH1 5FJ.

External links

National Land Information Service