Skip to main content

Q&A: Changes to property search and land charges system

Share

Conducting local searches to identify land charges is an important part of the property buying process. Jackie Bate explains what land charges are, pending changes to the regime, and how you can avoid surprise liabilities when purchasing a property.

What is a land charge?

A land charge is an entry registered with the relevant local authority and which imposes a restriction or prohibition, either to secure sums of money, or to limit the use of the land in various ways.

The charge is binding on successive owners and occupiers of the land. The purpose of conducting local authority searches is to ensure that purchasers do not find themselves falling foul of any obligations enforceable under the terms of various laws.

This is the reason why you pay for your solicitor to conduct local searches when you are buying land or property. The kinds of entries which can be revealed by a search include:

  • Planning Permissions
  • Enforcement Notices/Stop Notices
  • Tree Preservation Orders
  • Conservation Orders
  • Smoke Control Areas
  • Listed Buildings
  • Community Infrastructure Levy (CIL)
  • Section 106/Advance Payment Codes Agreements
  • Sites of Special Scientific Interest
  • Ancient Monuments
  • Grants
  • Building Over Agreements
  • Financial charges on properties

Who is responsible for maintaining land charge records?

Historically, it has been local authorities that have had responsibility for maintaining these records. However, from the 6th April 2017, responsibility for the maintenance and supply of local land charge searches will transfer from the various local authorities in England and Wales to the Land Registry.

The system will convert the entries from separate registers held by each local authority to a single, digital register held at the Land Registry.

Why is this change happening?

The change is taking place with a view to creating a single, electronic register which will be a comprehensive and up-to-date record of all local land charges registered in England and Wales, rather than the current and often sporadic distribution across the 326 local authorities concerned.

It is envisaged that the new system will offer those seeking either official or personal searches a faster online search facility which will in turn standardise turnaround times, fees and the format of the results produced.

The transition will take place in stages, and until the digitisation and migration of all registers have taken place, conveyancers and others concerned with local land charges will need to work with both the existing and new legislation.

Care must therefore be taken to check whether the local authority in question has been adopted by the Land Registry at the time a search is carried out. As with the current system, provision is made that in the event of non-registration of a charge, or a defective search certificate, that compensation will be payable by the Land Registry.

How will the change affect me and my property purchase?

When purchasing a property, a search of the local authority registers is made routinely and this has, to date, included a record of any local land charges registered against a property.

After the 6th April 2017, we will check whether a particular local authority has transferred its data to the Land Registry and make a search of the relevant authority’s database to determine whether the property is subject to any entries and how that will affect your use of the property.

Harrison Drury solicitors has a team of experienced residential and commercial lawyers able to advise on all aspects of local land charges and purchasing a property.

If you are looking to purchase a property and require advice, please contact Jackie Bate on 01772 258321.


Questions & Answers

Leave a Comment

Leave a comment

Your email address will not be published. Required fields are marked *


x

Manage your privacy

How we handle your personal data

The General Data Protection Regulation (GDPR) gives you more control over how companies like ours use your personal information and makes it quicker and easier for you to check and update the information we hold about you.

As part of our service to you, we will continue to collect, use, store and share your data safely and securely. This doesn’t require any action on your part.

For more detailed information view our Privacy Hub