If you’ve ever bought or sold a house, you’ll know that after you have made an offer and had
it accepted, there is a fairly stressful period when your solicitor completes the legalities of the transaction and
makes sure everything is in order. This is often referred to as doing the searches. But what is your solicitor
actually searching for, and what makes it so important?
Searches are intended to ensure that you get no unwelcome surprises at a later stage with your property.
Your solicitor will be looking for anything in the paperwork which might affect the value of your property, or cause
any legal difficulties. The most common searches carried out on house purchases in England and Wales are:
- Local Authority Searches – your solicitor will consult plans and charts held by the local council to make
sure there isn’t reported contamination or similar on the land you are buying. They will also look at proposed
and approved major planning applications, as finding out a new bypass road is due to be built close to your front
door could affect your decision to buy.
- Planning Search – in addition to checking on major infrastructure projects, the solicitor will look at
planning applications and consent within 250 metres of the property you are thinking of buying so you are aware of
any extensions planned, or similar work.
- Drainage and Water - the solicitor will also look at water supply, sewerage and drains, to ensure that the
property is connected to the mains, and informing you when properties are connected to a private supply or septic
tank.
- Environmental Risk – these searches consider what the land was used for previously, and will flag up issues
such as potential contamination of the soil. Subsidence risk will also be looked at, and your solicitor will tell
you whether properties within 500 metres have reported problems.
- Flood Risk – properties which are close to rivers, lakes, the coast or other bodies of water will require a
flood risk search. A property which is at risk of flooding is harder to insure, and some mortgage lenders may be
unwilling to lend on it too.
- Coal and Mining Searches – in areas of the country where mining took place in the past, a mining search will
reveal whether there are likely to be tunnels under the property. Mining tunnels can affect a home’s
foundations and cause subsidence. Coal mining searches are most common, but salt or tin mining searches can be a
factor in other areas.
- Chancel repair – Some older properties have a clause in the deeds making them liable to contribute to the
local church for repairs. This doesn’t apply to every property, and even if it does, your solicitor can advise
insurance to guard against any high bills in the future.
- Land Registry search – the solicitor will check with the Land Registry to make sure that the person who is
selling the property is legally entitled to do so. This is an important way of protecting you against fraud.