Local searches
Required documents:
a) Search of the local land charges register (based on form LLC1).
b) Standard enquiries of the local authority (based on those currently set out in form CON 29 Part I).
All searches required to be included in HIPs should be no more than 3 months old at the point marketing commences.
We use a personal search company to interrogate local authority records. Personal search companies adhere to the law in a professional way in discharging the responsibilities that their clients have placed upon them to search the local authority registers and records on their behalf. They are committed to providing fully compliant searches and seek no more than is their legal right of inspection.
Information sources
Save for information provided verbally by a member of the council, all the information is obtained by inspection of the following public registers: local land charges, planning, adopted highways, tree preservation orders, conservation areas, enforcement, stop and breach of conditions, contaminated land and hazardous substance consents.
In addition our search company also research the following documents and sources: Current and proposed development plans, the council’s transport & policies programme and local and/or county council websites. If you wish to obtain copies of any documents you should submit a written application to the local authority department at which the search was completed.
Unavailable responses
Please note that there are certain local authority records that we are unable to access. Until such time as we are permitted to view these records the questions to which they relate are covered by our personal search indemnity insurance; your certificate of insurance will be included at the end of your report.
Mortgage lenders
Around 90 major mortgage lenders have already confirmed that they will accept personal local searches following the publication of new industry guidelines for conveyancers. This includes 9 out of the top 10 lenders, who alone account for nearly 75% of all mortgage lending in the UK.
Personal local searches are carried out by private search firms interrogating data held by local authorities and compiling reports. Their use has grown extensively in recent years and around 50% of all local searches are now undertaken by private search firms. On 1 June 2007, the latest edition of the Council of Mortgage Lenders’ handbook was published setting out lenders’ instructions to conveyancers in home buying transactions. One of the features of the handbook is that it lists which lenders will accept personal searches.
Search code
The increased support for personal searches follows the introduction of new industry standards for the search industry under the search code, which provides protection for homebuyers, sellers and mortgage lenders relying on search reports. The code has been introduced by the Council of Property Search Organisations (CoPSO) and compliance is independently monitored by the Property Codes Compliance Board.
In September 2006, the search code was launched. The search code introduces new industry standards for all search providers and we believe that only code compliant searches should be used in the home buying process, to ensure that consumers are protected.
The search code provides protection for homebuyers, sellers, conveyancers and mortgage lenders, who rely on property search reports carried out on residential property within the United Kingdom. It sets out minimum standards which organisations compiling and/or selling search reports have to meet. This information is designed to introduce the search code to you. By giving you this information, we confirm that our search company keeps to the principles of the search code. This provides important protection for you.
The development of search code underpins the firm belief that, in the interests of consumer protection, only those search organisations which adhere to prescribed standards should be able to provide searches in HIPs and as part of the home buying process. It also delivers on the industry's commitment to enhance standards across the sector.
As part of the preparatory work in establishing a baseline, CoPSO spoke extensively to the major stakeholders, including the Council of Licensed Conveyancers and the Council of Mortgage Lenders, to identify the key features they wanted to see included within an standards scheme. The response was clear:
Search reports to incorporate all the required information
Good standards of practice when compiling search reports
Comprehensive insurance cover (Our searches have a limit of indemnity of the market value as at the inception date, together with any costs incurred with underwriter's written consent, subject to a maximum of £2,000,000)
Formal complaints handling procedures
Three-staged approach to standard setting
The formulation of search standards is currently adopting a three-pronged approach:
First, there is the development of the search code. Secondly, the Government has prescribed standards for searches within the HIPs 2007 regulations. Finally, the Government has announced that it intends to require local authorities, via industry guidance, to provide private search organisations with access to all the required information to complete a local search.
In line with other established standards schemes, the search code incorporates the five core pillars of consumer protection:
A code establishing good practice within the industry.
An independent registration and compliance function.
Consumer complaints procedures which are low-cost, speedy, accessible and include an independent adjudicator.
Robust insurance cover.
Competence requirements.
The search code will also evolve over time to include additional consumer protection features. The cornerstone of the scheme is the code with key commitments covering areas such as:
Training staff to undertake searches with thoroughness and diligence
Provision of clear search reports, setting out the risks associated with a property
Dealing promptly with queries raised on search reports
Handling complaints speedily and fairly
Maintenance of adequate and appropriate indemnity insurance cover.
The code’s main commitments
The search code’s key commitments say that search organisations will:
• Provide search reports, which include the most up-to-date available information when compiled, and an accurate report of the risks associated with the property.
• Deal promptly with queries raised on search reports.
• Handle complaints speedily and fairly.
• At all times maintain adequate and appropriate insurance cover to protect you.
• Act with integrity and ensure that all search services comply with relevant laws, regulations and industry standards
Keeping to the search code
How search organisations keep to the search code is monitored independently by the Property Codes Compliance Board. And, complaints under the code may be referred to the Independent Property Codes Adjudication Scheme. This gives you an extra level of protection as the service can award compensation of up to £5,000 to you if you suffer as a result of your search organisation failing to keep to the code.
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