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/conditions, tree preservation orders, enforcement notices, or housing grants etc, which may affect the property to be purchased. The information given on a search relates only to the property or land identified on the search plan. It not possible for the Council to voluntarily provide information regarding surrounding property or land. This additional information must be specifically requested. Please ensure you have all the information you require when thinking of buying a new property or land. If necessary ask your solicitor for advice or contact the local land charges officer for advice on how to find out information regarding the area surrounding the property.
Summary
- What's it all about?
- Official Search of the Local Land Charge Register
- National Land Information Service (NLIS)
- Water Searches
- CON29 Questions
- How to request a search
- Our Commitment to you
What's it all about?
The Council maintains a register of Local Land Charges – the register provides basic information on properties within the District.
When property transactions take place, a search is carried out to find the information on the register. The search also includes a questionnaire (CON29) relating to information held by different Council departments (including Yorkshire Dales National Park and North Yorkshire County Council's Highway's and Transportation Department) relating to town planning, statutory orders, highways, housing and environmental health matters.
Official Search of the Local Land Charge Register
The Local Land Charges Section carries out all official searches covered by the Local Land Charges Act 1975, guaranteeing comprehensive replies to the official LLC1 and CON29 enquiries.
The Law Society, which regulates solicitors, encourages the use of official searches and considers that alternative personal searches of the statutory register should only be undertaken with the approval of the client and when time does not permit a full official search. You are advised to confirm with your solicitor that an official search has been undertaken and you should ask to inspect the Certificate of Official Search which will have the Richmondshire's official stamp.
A standard official search will be in two parts: -
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), tree preservation orders, conditional planning consents and agreements, and many other registerable charges.
CON29R and/or CON29O - the second part - called Enquiries of Local Authorities Form - deals with issues such as road schemes, the planning history of the property and various Subsisting Notices, orders, directions or proceedings 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 showing the extent and location of the land, subject of the search, clearly edged in red and the correct fee. Please contact us regarding the fee using the contact details above.
Solicitors can now access the service electronically through the National Land Information Service (NLIS).
You may submit your searches by post, DX or through the NLIS hub. This central hub distributes searches to the appropriate local authorities. Please contact us for a list of Channel providers; we will also tell you how to contact them for details of their "pay as you go service" and their individual service propositions.
Water Searches
Both Safe-Move (a part of Yorkshire Water) and Northumbrian Water look after the network of public sewers in the Richmondshire District.
If you are asking for a search to be undertaken or you are waiting to undertake a personal search, please contact your water company on Safe Move: - Tel: 08001 385 385 or Northumbrian Water on Tel: 0101 3016527.
What about CON 29 questions?
The CON 29 enquiries questionnaire forms part of the official search and contains many 'Warning' questions.
Examples of the information which may be found by submitting a CON 29 are given below: -
- Proposed Tree Preservation Orders
- Many informal notices under planning and highways laws
- Road proposals or schemes (including road widening)
- Proposed enforcement action or breach of conditions notices
May we remind you that any information obtained other than by submission of an official search, for example by conducting your own personal search or a search provided by a personal search company, is not covered by Section 10(3) of the Local Land Charges Act 1975 which relates to compensation for loss.
How to request a search
There are full instructions on the Local Land Charge Search forms. Your solicitor will have these forms or you can buy them from law stationers.
If answers to the LLCI and Con29R/O are required these forms are usually submitted together, however, the forms may be submitted separately. As stated above, solicitors can now access the service electronically through the National Land Information Service (NLIS). This central hub distributes searches to the appropriate local authorities.
Our Commitment to You
We aim to return all standard official searches within 5 - 10 working days.
A personal search is an inspection of the Local Land Charges Register. It can be carried out by anyone upon payment of the statutory fee.
The Local Land Charges Register is available to persons wishing to carry out a Personal Search between 9.00am -1.00pm. Monday to Friday. (These times may be subject to review) It is necessary to make an appointment. To do so: Tel 01748 827138
It is the responsibility of the person carrying out the Personal Search to identify the land/property and to make note of any information held on the Register
- It is the responsibility of the person carrying out the Personal Search to identify and request sight of any applications.
- The Council does not have an obligation to answer any supplementary enquiries when a person is making a Personal Search.
- Departments within this authority will not respond to requests for verbal information.
- A Local Land Charges Officer may not be available to assist, therefore a basic knowledge of the Personal Search System and Local Land Charges Register is required.
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Last updated:
05 August 2008
