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Arc Property Solicitors LLP

Personal local authority search

Why do I need this?

When you sell a house your conveyancer or solicitor will make a search of the local council's records to ensure there are no hidden surprises, such as whether the road fronting the property is publicly maintained (otherwise you are likely to have to contribute to its upkeep and maintenance), whether there is a need to repay monies owed to the council, whether there are any Preservation Orders on a tree situated on the land, if planning permission or building regulation approval have been applied for in the past, if the property has been registered as a listed building or falls within a designated conservation area, whether there are future developments that could affect the property and so forth. Clearly these are matters which a purchaser will be interest to find out about before commiting to the deal.

What is a Personal Search?

A personal search allows an agent to call into the local council's offices (rather than a civil servant carrying it out) and look at the Land Charges Register, effectively completing the search themselves. Whilst there, they can also view the planning register, the Development Plan and the highways register.

What is the difference between an official search and a personal search?

The information should be the same as both will rely on the same sources. However, you will find that personal searches are more cost effective (usually around £100) and are usually turned around faster (normally within a week).

If information turns out to be incorrect then a claim can be made against the search provider as they will carry substantial insurance to cover such an eventuality.

Is there a downside?

Put simply - yes. Not all lenders acting for your buyer will accept personal searches. However, balanced against other factors, we have taken the decision that we will as a policy conduct personal searches on behalf of all of our clients unless specifically asked not to. Where it transpires that an official search is required then we will insist that the buyer does this at his own expense. We believe that this should be rare in any event.

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Arc Property Solicitors LLP