Local authority land charges search
Frequently Asked Questions regarding Local land charges
What's it all about?
When you buy a house, your solicitor will make a search of the Council's records to ensure there are no hidden surprises, such as motorways at the bottom of your garden or outstanding Notices requiring you to take action to remedy an earlier wrong doing.
Official Local Land Charge Searches
The Local Land Charge 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, disclosing only limited information, should only be undertaken with the approval of the client when time does not permit official searches. You are advised to confirm with your solicitor that an official search has been undertaken and to inspect the Certificate of Official Search.
The 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), improvement grants, tree preservation orders, conditional planning consents and agreements.
CON29
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:-
- If a search is submitted by a solicitor, cheques drawn on the solicitor's client account are requested, made out with the correct amount to Welwyn Hatfield Borough Council. Clients own cheques are not accepted as a method of payment. Please contact us regarding the fee.
- 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.
Water Searches
Thames Water Utilities Ltd looks after the network of public sewers in Welwyn Hatfield. 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 Residential Conveyancing: 0118 923 6656 or Commercial Conveyancing: 0118 923 6652. They can also help and advice on highway drainage, land drainage or private drainage.
Fees
The was no LLC1 fee change on 1 April 2007 and therefore our fees remain the same.
| LLC1 and CON 29 (standard search forms) | Residential: £126.50, Commercial/Industrial or Land: £175.00 |
| LLC1 (search of Land Charges register only) | £17.00 |
| Additional Part II enquiries (optional) | £15.00 per enquiry |
| Additional Solicitors questions | £20.00 per enquiry |
| Extra parcels of land | £15.00 each parcel |
| CR21 (Common Search) | Apply to Hertfordshire County Council here or the council's local land charges section (fee £15.00) |
What about CON 29 questions?
The CON 29 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 29 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 29, 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 29 forms.
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.
Both the LLC1 and CON29 forms should be submitted at the same time if answers to both are required.
Our Commitment to You
We aim to return all official searches within 5 working days and in any case within 10 working days.