Before your client commits to buying a property, you must gather information about it. Searches and enquiries are your tools for due diligence. They reveal problems that might not be obvious from a physical inspection - things like planning breaches, environmental risks, or disputes over boundaries. A failure to carry out proper searches could leave your client with a property they can't use, can't mortgage, or that's worth less than they paid for it.
Your client may be tempted to skip searches to save money or speed things up. Resist this temptation. Searches cost a few hundred pounds but can save thousands. A buyer who skips searches takes enormous risks. Always recommend the full range of searches and explain the consequences of not carrying them out.
| Feature | Searches | Enquiries |
|---|---|---|
| Source | External authorities | Seller's knowledge |
| Examples | Local authority, water, environmental | TA6, TA10, CPSE |
| Who orders/makes | Buyer's solicitor | Buyer's solicitor |
| Who responds | External authority | Seller or seller's solicitor |
| Purpose | Public matters affecting property | Seller-specific information |
Searches are requests for information from external authorities that hold records about the property or the surrounding area. They reveal matters that affect the property but wouldn't be discovered from inspecting the property or reading the title documents. Some searches are essential for every transaction, while others depend on the location and type of property.
The Local Authority Search is arguably the most important search. It reveals information held by the local council about the property and surrounding area. The search is submitted to the local planning authority and comes in two parts: CON29O (standard enquiries that must be answered) and CON29R (optional enquiries for specific situations).
| Category | What it Reveals |
|---|---|
| Planning | Planning permissions, enforcement notices, building regulations completion certificates |
| Highways | Adopted roads, road proposals, traffic schemes, parking agreements |
| Environmental Health | Noise abatement notices, pollution incidents, contaminated land |
| Drainage | Public sewers, drainage schemes, water mains |
| Charges | Financial charges, statutory charges, local land charges |
| Notices | Notices affecting the property (e.g., tree preservation orders, listed buildings) |
| Other | Conservation areas, article 4 directions, smoke control zones |
The CON29 search only covers the property being searched. It does NOT cover neighbouring properties. If you want information about adjacent land, you need additional searches. Similarly, the search only covers the local authority area - if the property is near a boundary, the neighbouring authority's area might affect it.
The Water and Drainage Search (CON29DW) provides information about water and sewerage services to the property. It is carried out by the relevant water company and reveals whether the property is connected to public water and sewerage, where the pipes are located, and whether there are any issues with the drainage.
The CON29DW search only covers public sewers and water mains. It does NOT cover private drainage systems such as septic tanks, treatment plants, or private shared drains. If the property has private drainage, additional enquiries are needed. Private drainage can be expensive to repair and maintain.
The Environmental Search examines the environmental history and risks associated with the property. It checks historical land use, contamination records, flood risk, ground stability, and other environmental factors. The search is carried out by commercial providers who aggregate data from various sources including the Environment Agency, British Geological Survey, and coal authorities.
Environmental searches are now considered essential for residential properties. Many mortgage lenders require them, and buyers expect them as a matter of course. The cost is relatively low compared to the risks revealed. Always recommend an environmental search, even if the property looks fine.
The chancel check search identifies whether the property is within a parish where chancel repair liability exists. As explained in Topic 2, chancel repair liability is an ancient obligation to pay for church repairs that can still be enforced. The search checks the property against a database of affected parishes.
Mining searches are needed in areas affected by historical mining activity. This includes coal mining areas, but also tin mining in Cornwall, china clay mining, and other mineral extraction. The search reveals records of past mining activity, shafts, adits, and subsidence risk. Mining searches are essential in affected areas because mining can cause ground instability and collapse.
The Commons Registration Search checks whether the property is registered as common land or a town or village green. It also checks for rights of common over the property. This search is particularly important for rural properties or properties adjacent to open land. Registration can restrict development and use of the property.
The Land Charges Search (often called a bankruptcy search) checks whether the seller is bankrupt or has any charging orders registered against them. This is typically done at HM Land Registry and searches the register of writs and orders. It protects your client from buying from a bankrupt seller where the transaction might be set aside.
For properties near major infrastructure projects, additional searches may be needed. The HS2 search checks whether the property is affected by the High Speed 2 railway project. Similar searches exist for other major schemes like Crossrail 3, road improvements, or airport expansion. These searches reveal compulsory purchase orders and proposed schemes that might affect the property.
The searches you need depend on the property location and type. A coastal property might need a coastal erosion search. A property in a national park might need additional planning enquiries. Consider the specific risks of the location and recommend appropriate searches. When in doubt, it's better to search and find nothing than to not search and miss something important.
Searches should be ordered as early as possible in the transaction, typically immediately after receiving the draft contract and title documents. Local authority searches can take several weeks to return, so delaying them can cause significant delays to the whole transaction. Water and environmental searches are usually quicker but should still be ordered promptly.
The most common cause of delayed transactions is waiting for search results. Order searches on the same day you receive the draft contract. Don't wait for other enquiries to be answered. If your client is in a chain, explain that searches take time and managing expectations is key to a smooth transaction.
While searches get information from external sources, enquiries are questions you raise to the seller about the property. They cover things only the seller would know - the history of the property, what's included in the sale, any disputes with neighbours, and details about fixtures and fittings. Enquiries are raised after receiving the draft contract and supporting documents.
The TA6 is the Law Society's standard form for residential property transactions. It contains a comprehensive list of questions for the seller to answer about the property. The seller completes the TA6 at the start of the transaction, and their solicitor provides it to the buyer's solicitor alongside the draft contract. It is the primary source of information about the property.
| Section | What it Covers |
|---|---|
| Property details | Address, boundaries, parking, alterations, planning permissions |
| Services | Water, electricity, gas, drainage, broadband, heating |
| Occupancy | Who lives there, restrictions, previous uses |
| Legal matters | Disputes, notices, rights affecting the property |
| Insurance | Buildings insurance, flood risk, previous claims |
| Environmental | Contamination, flooding, trees, Japanese knotweed |
| Planning | Planning applications, building regulations, listed building status |
| Other | Fixtures and fittings, party walls, neighbour disputes |
If the TA6 contains incomplete answers, "don't know" responses, or blank sections, raise further enquiries. The seller should know basic information about their property. Incomplete answers may indicate they're hiding something, or they may simply be careless - either way, you need to get proper answers before your client commits.
The TA10 form lists all the fittings, fixtures, and contents in the property and indicates whether they are included in the sale or being removed by the seller. This is crucial for avoiding disputes on completion day when the buyer discovers that the oven, curtains, or light fittings have been taken.
For commercial property transactions, the equivalent of the TA6 is the Commercial Property Standard Enquiries (CPSE) form. CPSE is more comprehensive than the residential forms because commercial properties are more complex. The CPSE covers property details, planning, environmental matters, services, landlord and tenant issues, and much more.
Commercial transactions often require more extensive enquiries because the property may be subject to leases, licences, planning conditions, or environmental regulations. Take time to review the CPSE thoroughly and raise supplementary enquiries where needed. Commercial buyers need to understand exactly what they're buying.
For leasehold properties, the TA7 form provides additional information specific to leasehold ownership. It covers the lease terms, service charges, ground rent, management, and disputes with the landlord. Leasehold transactions require additional enquiries because the buyer is not just buying the property - they're buying the rights under the lease.
Leasehold properties need more enquiries than freehold. You need information about the landlord, managing agent, service charge accounts, ground rent, lease term, and any proposed variations. Many leasehold properties (especially flats) also have clause restrictions that need investigation. Never proceed with a leasehold purchase without full enquiries.
The buyer usually orders and pays for searches. The buyer's solicitor raises enquiries to the seller. The seller (or their solicitor) responds to enquiries and provides the TA forms. Understanding who does what helps manage the transaction and avoid delays.
| Task | Responsible Party | Notes |
|---|---|---|
| Order searches | Buyer's solicitor | Buyer pays for all searches |
| Raise enquiries | Buyer's solicitor | Sent to seller's solicitor |
| Complete TA6/TA7/TA10 | Seller | Usually done before marketing |
| Answer enquiries | Seller or seller's solicitor | Should respond promptly |
| Provide further information | Seller | Must be honest and complete |
| Interpret search results | Buyer's solicitor | Advise client on implications |
There is no strict legal deadline for responding to enquiries, but the Law Society Conveyancing Protocol suggests 10 working days for responding to standard enquiries. Delays in responding are a common cause of transaction frustration. If the seller is taking too long, you may need to chase or set a formal deadline.
Slow responses to enquiries can cause chains to collapse. If your seller is dragging their feet, remind them that they are still bound to sell until exchange, but the buyer can walk away at any time. If searches are expiring (they're usually valid for 6 months), the buyer may need to pay for them again.
When search results arrive, you need to review them carefully and explain the implications to your client. Some entries are straightforward, while others require professional judgment. Not every adverse result is a deal-breaker, but your client needs to understand what they're taking on.
Many search results reveal issues that can be managed. A planning breach might be covered by indemnity insurance. A nearby road scheme might never happen. Flood risk might be manageable with appropriate measures. Your role is to explain the risks clearly so your client can make an informed decision.
Search results may reveal various planning constraints affecting the property. These include conservation area designation, listed building status, article 4 directions (which restrict permitted development), tree preservation orders, and planning conditions. These constraints can limit what your client can do with the property.
If the property has been altered without planning permission or building regulations approval, the local authority can take enforcement action. This might require your client to undo the work. Breaches are particularly serious for listed buildings, where criminal penalties can apply. Always check planning history carefully.
Local authorities and government bodies have powers to compulsorily acquire land for road schemes, railways, and other infrastructure. Search results may reveal proposed schemes near the property. These can affect the value and enjoyment of the property, even if they are years away from implementation.
Even if a road scheme is only at the consultation stage, it may affect your client's decision to buy. Noise, dust, and disruption during construction can last for years. Once complete, the new road may increase traffic or change the character of the area. Always consider the impact of proposed infrastructure.
Flood risk is one of the most common concerns for property buyers. Environmental searches categorise flood risk from rivers, the sea, surface water, and reservoirs. Each category is rated from low to significant. High flood risk can affect mortgage lending and insurance premiums, and may require flood mitigation measures.
Historical industrial use can leave contamination in the soil. This might include chemicals, heavy metals, asbestos, or other hazardous substances. Contaminated land can be expensive to remediate and may affect health. Search results indicate the level of risk and whether further investigation is needed.
Mortgage lenders are risk-averse and may refuse to lend on properties with significant environmental risks. High flood risk, contamination, or mining activity can all affect lending decisions. If your client needs a mortgage, consider potential lender concerns before they apply.
If the property has private drainage (e.g., a septic tank or private treatment plant), your client becomes responsible for its maintenance and repair. Septic tanks need regular emptying and can fail. Shared private drainage can cause disputes if one owner doesn't pay their share of maintenance costs.
If a private drain or sewer serves multiple properties, all owners are jointly responsible for maintenance. This can become a source of dispute if someone refuses to pay or the drain needs expensive repairs. Check the arrangements and ensure your client understands the implications.
Search results may reveal rights that benefit or burden the property. These include rights of way (paths or roads across the land), rights to park, rights to access utilities, and other easements. Some rights are registered, but others may be unregistered and only revealed through enquiries or inspection.
When searches reveal problems, you have options. Some issues can be resolved before completion (e.g., obtaining missing planning consents). Others can be insured against. For some, the only option is to ensure your client understands the risk and can live with it. Occasionally, the issues are so serious that your client should reconsider the purchase.
The Law Society Conveyancing Protocol sets out best practice for residential property transactions. It provides a framework for the transaction, including when to take certain steps and how long things should take. The Protocol is not mandatory, but following it helps transactions run smoothly and reduces the risk of delays.
The Protocol sets out recommended timetables for each stage of the transaction. For example, the seller should provide the draft contract within 10 working days of being instructed. The buyer should raise enquiries within 10 working days of receiving the contract pack. These timetables are not legally binding but are widely followed as good practice.
| Stage | Who | Timeframe |
|---|---|---|
| Draft contract issued | Seller's solicitor | Within 10 working days of instruction |
| Searches ordered | Buyer's solicitor | Promptly after receiving draft contract |
| Enquiries raised | Buyer's solicitor | Within 10 working days of receiving contract pack |
| Enquiries answered | Seller/seller's solicitor | Within 10 working days |
| Report to client | Buyer's solicitor | Once all enquiries satisfied |
| Matter referred to client | Both solicitors | Before exchange of contracts |
The Protocol exists to make transactions more efficient. When both sides follow it, things run more smoothly. If the other side is not following the Protocol, you can remind them of it - but ultimately, you may need to be patient. Some solicitors are busier than others, and chasing too aggressively can cause tension.