Property searches explained: what they show and why they matter

What property searches are

Property searches are questions your conveyancer (the solicitor or licensed conveyancer handling your legal work) asks official bodies about the home you are buying and the land around it. The answers can reveal things a viewing would not, such as a planned road scheme, a public sewer under the garden or a former factory next door.

Your conveyancer usually orders searches soon after you instruct them. In a Keyfolio quote they appear under disbursements, the payments to third parties that your conveyancer makes on your behalf. A typical purchase includes three core searches, with others added where the location calls for them.

Searches describe the position on the date they are produced, and they do not replace a survey, which looks at the condition of the building. Northern Ireland uses its own searches and certificates, so this guide covers England and Wales.

The local authority search

The local authority search has two parts. The first is a search of the local land charges register, which records matters that bind the property whoever owns it, such as listed building status, a conservation area (an area protected for its special character), a tree preservation order (a council order protecting a tree) and planning conditions. HM Land Registry is moving these registers from councils to one national register, so in many areas this part now comes from HM Land Registry.

The second part is a set of standard questions, known as the CON29 enquiries, that the council answers. They cover matters such as:

• planning permissions and building regulations approvals recorded for the property
• whether the road outside is adopted, meaning the council maintains it at public expense
• nearby road, rail and traffic schemes
• notices about contaminated land, enforcement action or compulsory purchase (where a public body can buy land without the owner's agreement)

The local search usually covers only the property itself. To find out about planned building work nearby, check the council's online planning register or ask your conveyancer about a wider planning search.

The drainage and water search

The drainage and water search, often called a CON29DW, comes from the local water company. It confirms whether the property is connected to the mains water supply and whether foul water (from toilets, sinks and baths) and surface water (rain from roofs and drives) drain to a public sewer.

It also shows whether a public sewer or water main runs within the boundaries, and whether water is charged through a meter. For example, if you plan an extension and a public sewer crosses the back garden, you may need the water company's consent to build over or near it, which can add cost and time.

If the property is not connected to a public sewer, it may use a septic tank (an underground tank that treats waste water on site) or a small treatment plant. Your conveyancer will then ask the seller for details of the system and evidence that it meets the current rules.

The environmental search

An environmental search is a desktop report, put together from historical maps and public records without a site visit. It assesses the risk that the land is contaminated by past uses, such as a factory, landfill site or petrol station, and usually also covers flood risk, ground stability and radon (a natural radioactive gas found in some areas).

Many reports give an overall result, such as passed or further action recommended. Further action does not mean the property is unsafe, only that something deserves a closer look, and your conveyancer will explain whether a specialist report is worth considering.

Flood risk deserves particular attention, because it affects insurance as well as value. You can check the long-term flood risk for an area in England on GOV.UK. Flood Re, a scheme that helps many households in flood risk areas find cover, does not apply to most homes built from 2009 onwards, so get an insurance quote early.

Searches that depend on location

Some searches are only needed in certain places, and your conveyancer will recommend them based on the address and your lender's requirements. Common examples include:

• a coal mining search in former coalfield areas, using records held by the Mining Remediation Authority (previously called the Coal Authority)
• other mining searches, for example for tin mining in parts of Cornwall and Devon or brine extraction in parts of Cheshire
• a chancel repair search, which checks whether owners in the parish could be asked to pay towards repairs to the parish church
• a more detailed flood report for homes near a river, the coast or an area prone to surface water flooding
• an infrastructure search where the property is near HS2 or another major rail, road or energy project

Chancel repair liability is a historical quirk. A change in the law in October 2013 means that, in many cases, the liability must be noted on the property's register to affect a buyer, but the position is not settled in every case. Conveyancers therefore often check for it, or suggest an insurance policy instead.

Why lenders need searches and how long they take

A mortgage lender is lending against the property, so it needs to know that nothing a search would reveal affects its value or how easily it could be sold, and its instructions to conveyancers require the usual searches unless it agrees otherwise. Many lenders also want searches to be fairly recent at completion (the day the money is paid and you get the keys), often within about six months.

If you are a cash buyer, searches are not compulsory, but going without them means taking on risks you cannot see. Conveyancers usually recommend them in any case.

How long searches take depends mainly on the council. Drainage and environmental searches often come back within a few days, while local searches can take from a few days to several weeks. Your conveyancer will usually order them all at once, as soon as you instruct them.

Search insurance and its limits

Search insurance, sometimes called no search indemnity insurance, is a policy used in place of some searches, for example when time is short or a council is very slow to reply. It usually pays out if a matter that a search would have revealed later reduces the value of the property.

The limits are important. The policy tells you nothing about the property, and it usually covers only loss of value from matters a search would have shown when the policy started. It does not cover physical problems such as flooding or subsidence, and it may not cover anything you or your conveyancer already knew.

Lenders take different approaches. Some accept search insurance in limited situations, some only on a remortgage and some not at all, so your conveyancer will check your lender's rules first.

What happens if a search shows a problem

Sometimes a search result needs following up. Your conveyancer will explain any issue in a report to you before you exchange contracts, the point where the purchase becomes legally binding. Common responses include:

• asking the seller for more information or documents, such as planning approvals or building regulations certificates
• recommending a specialist report, for example from an environmental consultant or a mining engineer
• arranging an indemnity insurance policy, which covers a specific legal risk and is often paid for by the seller
• checking with your lender whether the issue affects its mortgage offer
• discussing whether to renegotiate the price or, in a serious case, withdraw

For example, if the local search shows no record of building regulations approval for a loft conversion, your conveyancer will ask the seller for evidence. An insurance policy might cover the risk of council enforcement action, but not whether the work is safe, so a surveyor's view may also be needed. Until exchange you can still walk away, so deal with these points early.

Your checklist: who does what

Searches run more smoothly when everyone knows their part. Here is how the work usually divides.

• You: pay for the searches promptly when asked, so they can be ordered straight away
• You: tell your conveyancer how you plan to use the property, for example building an extension or running a business from home
• You: mention anything you noticed on viewings, such as a footpath across the land or a stream at the end of the garden
• You: read your conveyancer's report and ask about anything unclear
• Your conveyancer: chooses and orders the searches that suit the location and your lender
• Your conveyancer: reviews the results, raises questions with the seller's conveyancer and reports to you before exchange

Next steps

If you are buying, a conveyancing quote shows the expected cost of searches alongside the legal fee, VAT and other disbursements. You can get an instant purchase quote or read more about buying a home. If you go ahead, Keyfolio introduces you to a regulated law firm on its panel, which confirms its fees in writing and then orders the searches and handles the legal work.