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Legal ease from Complete guide to Homebuying February 2003
Each
month Complete guide to Homebuying offers advice on an aspect of the conveyancing
process. This month: searches
Before
you exchange contracts on a property your solicitor will need to undertake
a number of searches to ensure that all is well with your chosen home.
"There are certain essential searches which have to be carried
out and others which are optional," says Mike Carter, head of
conveyancing at law firm Scott Rees & Co.
Your chosen lender will insist on at least a local authority search
and a drainage search, for which you will meet the costs. Depending
on the location of the property, it may also request a coal mining
or tin mining search. Whether you have other searches done is up to
you.
Local Authority search
This search should reveal details of any proposed new roads
within 250 metres of the property and its planning history. It won't,
however, tell you what is happening on adjacent land. "If the
two neighbouring houses have applied for large extensions that won't
come up on the Local Authority search," says Stuart Pearce, managing
director of environmental search provider Landmark Legal. "Or
there might be a green field at the back of the house which as an
application for a housing development on it."
The search should tell you of any proposals for new roads or traffic
schemes within 250 metres of the property, and if there is a financial
charge or compulsory purchase order on the property.
How much this search takes will depend on the local authority. Mike
Carter says: "The price varies from council to council - some
come in below £100, others are nudging £200." The
time it takes for the search results to come back is similarly diverse
(and the more expensive councils aren't necessarily the quickest).
"It can take three to four days or three to four weeks,"
says Carter.
If the relevant local authority is notoriously slow it may be worth
instructing your conveyancer to begin the search as early as possible.
However, if you do this you take a risk that your survey will be okay.
Water search
Another compulsory search. The local water board is asked
to provide information about whether the property is connected to
the public sewer system and if there are any public sewer or water
supplies running under the property which could mean disruption if
they need maintenance or repair. If there is a private system you
may be responsible for paying for maintenance.
Most water boards offer two levels of service - a fast-track service
which aims to complete the search in 24 hours and a normal service
which turns the search around in about five days. The fast track service
is likely to cost upwards of £40 while the normal service usually
costs around £30.
Environmental Search
This search details any landfill or waste disposal sites
in the area, if the property is built on an old industrial site, or
near contaminated land or a flood plane.
An environmental search will reveal any factors that could affect
the value of the property. The environmental surveyor who puts together
the report should be able to comment on this.
It may also show up factors that will spoil your enjoyment of the
place. "You may not be able to do everything you want with the
property," says Pearce. "For example there may be planning
restrictions because of the land's previous use."
Finally, there could be serious financial implications in buying a
property on contaminated land. New laws mean if land is found to be
contaminated the current owner could face a bill. This, says Pearce,
"could run into many, many thousands of pounds".
The environmental search will draw on information from 40 to 50 sources
including old maps. Landmark, for example, has a database of ordnance
survey maps going back to 1850.
An environmental search will cost around £40.
Plan search
Whether or not you have a plan search done is up to you.
The search looks into planning applications for land within a 250
metre radius of your property. It also contains flood plain information
- based on information from the Environment Agency - and local land
use policies. The search is priced at £30, or £20 if taken
at the same time as an environmental search.
Other searches
Tin/coal mine search - your lender will insist on this if the property
is in a former tin or coal mining district.
Brine search - recommended in some areas, including Cheshire.
Railway search - recommended if you live near an underground station
in London or your home is built over a line.
Chancel repairs search - recommended if the property is next to a
church. This will reveal whether as owner of the property you would
be liable to pay for any church repairs.
These searches will cost up to £10 each.
Other searches
Tin/coal mine search
your lender will insist on this if the property is in a former
tin or coal mining district.
Brine search
recommended in some areas, including Cheshire.
Railway search
recommended if you live near an underground station in London
or your home is built over a line.
Chancel repairs search
recommended if the property is next to a church. This will reveal
whether as owner of the property you would be liable to pay
for any church repairs.
These searches will cost up to £10 each.
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