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Local Land Charges and Searches
What is a Local Authority Search?
A Local Authority Search is a service for people purchasing or
re-mortgaging property or land within the Havant Borough who want
to find out information that may affect it. It is to ensure that a
purchaser of land is not caught out by the existence of obligations
or ‘charges’ enforceable against successive owners.
Searches are submitted on two standard forms:-
The first form is called the LLC1 and is an
application for an official search of the register i.e. it deals
with all of the charges recorded in the Local Land Charges
Register. It can include:
- Details of financial charges
registered against the property or land
- Listed Buildings
- Conservation Areas
- Planning applications that have been
approved with conditions
The second type of form is the CON29 (short for conveyance form
29) which has two parts; CON29R (Required) and CON29O
('Optional') has been formulated by the Law Society to ask
questions on a variety of matters relating to the property or land.
Both forms are submitted as part of a conveyance procedure, usually
undertaken by a solicitor. The Council will only answer the
standard questions (included on the CON29R) unless you specify any
other questions you would like answered (which is what the CON29O
is used for).
Much of the information given by the local authority in reply to
Form CON29R cannot be obtained from any other source, for example
proposed road schemes within a certain distance of land or
property. It is only by submitting an official Form CON29R that you
can find out about any formal or informal notices affecting a
specific property. The majority of this information is not
available to a personal searcher.
Form CON29R is a contractual
document.
You should tell your solicitor before they submit the search
about any additional questions you would like answered that will be
included on the CON29O form.
The responses to a search will only relate to the property or
land named on the forms. If you need information about any
neighbouring sites, for example details of any planning
applications or permissions on neighbouring property or land, then
you will need to raise a specific additional enquiry.
You can ask if any additional roads or footways not mentioned
in the address of the property are publicly maintained under the
Highways Act. Ask your solicitor to identify the roads or footways
by name or by colouring on a plan.
What is the Local Land Charges Register?
The Local Land Charges Register consists of twelve parts and
details charges that are imposed on the land. The Local Land
Charges Team maintains the Register. The following are examples of
the types of information or ‘charges’ that might be found on the
Local Land Charges Register:-
- Financial Charges:- The word 'charge' is
not defined by statute but details amounts of money that are due to
the Local Authority, usually these amounts have been
incurred as a result of works carried out by the Council in
default. The most important factor is that the charge must be
binding on successive owners or occupiers of land and/or property.
The charges detailed on the Local Land Charges Register would not
normally be disclosed by a perusal of the title deeds or indeed by
an inspection of the land or property itself.
- Planning Charges such as:-
- Planning Applications:- What applications
for planning permissions have been granted, refused or are now
pending?
- Conservation Areas:- These are areas which
have been designated by the Authority as areas containing special
architectural or historic interest. It is obviously desirable to
preserve or enhance these areas.
- Tree Preservation Orders:- These orders
are revealed so as to prevent the cutting, felling, lopping or
uprooting a single tree, or group of trees without the express
permission of the Local Authority.
What are Home Information Packs (HIPs)?
As of December 14
th 2007 all properties being put
on the market require a Home Information Pack. This new government
legislation means that sellers of properties will have to produce
an information pack before putting their homes up for sale. This
allows potential buyers to inspect the collated information on a
property before making an offer.
Information on what documents are required in a HIP can be found on
the
Home
Information Pack website.
The HIP must include a search of the local land charges register
relating to the property being sold, and other records held by the
local authority on matters of interest to buyers, such as planning
decisions and road building proposals. This can be carried out by
the local authority or a personal search company.
It is vital you know which type of search is
in your pack. A search provided by an external personal search
company will usually be accompanied by indemnity insurance to cover
missing information. However, only a FULL local authority search
provides you with all the information held by a local authority and
requires no additional insurance.
There is further information on the searches that Havant Borough
Council Land Charges team provide, as well as the costs involved
here.
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What is a Personal Search?
Any person may make a personal search of the Local Land
Charges Register upon payment of the prescribed fee. The council
requires the following information:
A personal search is by appointment only, with
a minimum of 48 hours notice.
We require the name of the person or company
carrying out the personal search and the address/area of land
against which the personal search is to be made, a plan is required
in advance and a certificate is not issued. Land Charges telephone
number is 023 9244 6236.
Normal hours for personal search appointments
are Monday – Friday 9.30am to 12pm and 2pm to 4.30pm.
The personal search fee is £11 for each
property/site searched. This should be paid in at our Cashiers desk
and the receipt then shown at our customer services reception.
Customer services staff will then hand over paperwork containing
all the entries contained in the Land Charges Register and the
relevant planning history for the site.
The Council has a computerised planning
register dating back to 1991 this information can be viewed via the
PC at customer services.
Any comments, suggestions and complaints about
the service should be addressed to Chris Lyons, Head of Development
Services at these offices.
There are other public registers available to
be viewed during normal office hours, it is advised to check with
the relevant department beforehand as an appointment system may be
in operation.
How long does it take to return a Local Authority Standard
Search?
The government’s national target for returning standard
searches is 10 working days or less. The majority of searches
submitted to Havant Borough Council are returned in a lot less
time; much depends, of course, on the volume of searches received.
For up to date information on current turnaround times, contact the
Local Land Charges team on (023) 9244 6236.
Havant Borough Council’s average response time currently is
4-5 days. This turnaround time is updated on a weekly basis on a
Friday.
How do I obtain Copy Documents?
What is NLIS?
Solicitors may be able to submit searches electronically via the
National Land Information Service (NLIS). It allows people quicker
and easier access to authoritative, accurate and comprehensive
information on all land and property in England and Wales. To
find out more about NLIS visit http://www.nlis.org.uk/
NLIS Channel Providers:
TM NLIS Search: 0800 068 1272
http://www.tmproperty.co.uk/
Transaction Online: 0800 085 4951
http://www.transaction-online.co.uk/
NLIS Searchflow: 0870 755 9940
http://www.searchflow.co.uk/
What information is required when submitting a search?
Local Authority Searches can be submitted via the postal
system or electronically via NLIS.
We want to be able to begin processing your search as soon as
we can but sometimes incomplete documentation can delay us. So here
are some tips and in some cases essential requirements:
- Always send two copies of whichever forms
you are submitting.
- Always send two copies of a plan with the
site to be searched outlined in red.
- Ensure you are including all optional and
additional enquiries you require.
- If you wish to include other roads and
footways, please identify them by name and enclose a plan. If the
name is not known, provide a plan identifying them by colouring or
hatching.
- The fee received must be correct before a
search can be returned. Remember to include the fee for any
optional and additional enquiries. Cheques are to be made payable
to Havant Borough Council. If on receipt of a search we find the
fee to be incorrect, we will contact you, however, it will not
delay the initial process of your search.
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What is the List of Areas covered by Havant Borough Council
Local Land Charges?
We cover the following areas, if you are in any doubt as to
whether your property is within the boundaries of Havant Borough,
please contact us to confirm.
- Bedhampton
- Cowplain
- Emsworth
- Havant
- Hayling Island
- Purbrook
- Waterlooville
- Widley
Do you deal with Ownership of Land?
Queries over ownership of land or boundary issues are dealt with
Land Registry and can be contacted at Portsmouth District Land
Registry, St Andrews Court, St. Michaels Road, Portsmouth. PO1 2JH.
Tel: (023) 9276 8888 or visit www.landreg.gov.uk/
The Council’s Estates team will be able to tell you whether
the land is owned by Havant Borough Council, please telephone (023)
9244 6242.
Do you deal with Commons Registrations?
No – please contact Hampshire County Council, The Castle,
Winchester, Hampshire. SO23 8UB. Tel: 01962 841841
Do you deal with drainage enquiries?
For all drainage enquiries please contact Southern Water,
Southern House, Capstone Road, Chatham, Kent. ME5 7QA. Tel: 01634
824 100 or visit
http://www.southernwater.co.uk/
Do you deal with Highway enquiries?
The Highway authority for this area is
Hampshire County Council, Environment Department, Hampshire County
Council, The Castle, Winchester, Hampshire, SO23 8UD Telephone
01962 846905
What are Local Land Charges Fees?
Please note: As of 1st April 2008 the
Local Land Charges fees have changed. Please be aware any
searches made after this date will be subject to the new
fees.
|
Charges
|
Searches submitted by post
|
|
|
Combined search and CON 29R Fees: Residential
First
parcel of land
Each
additional parcel
|
£130.00
£20.00
|
| Combined search and CON 29R Fees: Commercial
First
parcel of land
Each
additional parcel
|
£160.00
£20.00
|
|
Official search in the whole register (Form LLC 1)
First
parcel of land
Each
additional parcel
|
£18.00
£2.00
|
|
CON 29R
Part I Enquiries
First
parcel of land - Residential
First
parcel of land - Commercial
Each
additional parcels
Part II Enquiries
Each
printed enquiry
Each
printed enquiry 18,19 or 22
Each
additional enquiry in applicant's own
words
|
£112.00
£142.00
£20.00
£15.00
£30.00
£20.00
|
Searches submitted via the National Land Information Service
(NLIS)
|
|
|
Combined search and CON 29R Fees: Residential
First
parcel of land
Each
additional parcel
|
£110.00
£20.00
|
| Combined search and CON 29R Fees: Commercial
First
parcel of land
Each
additional parcel
|
£140.00
£20.00
|
|
Official search in the whole register (Form LLC 1)
First
parcel of land
Each
additional parcel
|
£15.00
£2.00
|
|
CON 29R
Part I Enquiries
First
parcel of land - Residential
First
parcel of land - Commercial
Each
additional parcels
Part II Enquiries
Each
printed enquiry
Each
printed enquiry 19, 20 or 22
Each
additional enquiry in applicant's own words
|
£95.00
£125.00
£20.00
£15.00
£30.00
£20.00
|
All cheques to be made payable to Havant Borough Council.
Please ensure you are sending the correct fee for your
search.
How do I contact the Local Land Charges team?
If you would like any assistance or information, please do not
hesitate to contact the Local Land Charges team:
|
Contacts
|
|
|
Tel:
|
(023) 9244 6236
|
|
Fax:
|
023 9244 6588
|
|
Hayes DX
|
DX50005 Havant
|
|
Email:
|
land.charges@havant.gov.uk |
|
Address:
|
Local Land Charges
Havant Borough Council
Civic Offices
Civic Centre Road
Havant
Hampshire
PO9 2AX
|
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