Conveyancing Guide
Updated: Aug 6
How long does conveyancing take, and what are all these searches for? The honest answers are that timing depends on circumstances, and that the searches are where a solicitor quietly earns their fee. Several matters affect the length of a transaction, including the tenure of the property (freehold or leasehold) and the speed of third parties such as search providers and management companies. A standard transaction commonly completes within twelve to sixteen weeks of instruction, and a straightforward one can be quicker.
The essential searches
Searches are technically optional for a cash buyer, but any buyer with a mortgage will be required to have the two basic searches, the local search and the drainage search, together with a mining search where the property lies in a former mining area, as much of Nottinghamshire does.
The local search, made with the local authority, reveals planning decisions, tree preservation orders, building regulations matters, road and drainage agreements, road schemes, notices and orders, conservation areas and radon gas information. It relates only to the property searched against: it will not disclose matters affecting neighbouring land, so if development nearby concerns you, ask the local authority about plans for the area and inspect the surroundings yourself.
The drainage search, made with the water authority, shows the location of public sewers within and near the boundaries, whether foul and surface water drain to a public sewer, whether sewers are adopted, the location of public water mains and the basis of charging for water and sewerage.
The mining search, made with the Coal Authority, matters wherever coal mining has taken place or may take place. It reveals underground workings and mine entries that can cause subsidence, and whether subsidence compensation has been paid, repairs carried out or any claim is current.
The searches worth considering
A planning search reveals construction activity and planning applications that could permanently change the surroundings, from lost views and privacy to schemes that affect value, and it can equally reveal hidden development potential in the property you are buying. A planning report will typically detail applications within 250 metres over recent decades, together with land use policies, telecoms masts and public rights of way. Proximity to major infrastructure projects, such as the HS2 line under construction between London and Birmingham, is exactly the kind of matter these searches surface.
An environmental search examines the site's history for contamination, past uses and risk, which matters because the owner of contaminated land can become personally liable for the cost of cleaning it up, and value suffers accordingly. A flood report considers whether the property stands on or near land susceptible to flooding, and whether insurance may be affected.
The point of it all
About the author: Dr Aamir Nawaz, LLB (Hons), LLM, PhD, Solicitor, Barrister (np) and Notary Public.
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