Local Land Charges and Searches

• What is a Local Authority Search?
• What are Local Land Charges fees?
• What information is required when submitting a Search?
• What is the Local Land Charges Register?
• What is a Personal Search?
• How long does it take to return a Local Authority Standard Search?
• How do I obtain Copy Documents?
• What is NLIS?
• What is the List of Areas covered by Havant Borough Council?
• Do you deal with Ownership of Land?
• Do you deal with Commons Registrations?
• Do you deal with Drainage enquiries?
• Do you deal with Highway Enquiries?
• How do I contact the Local Land Charges section?
• Search Statistics

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.

What are Local Land Charges Fees?

All cheques to be made payable to Havant Borough Council. Please ensure you are sending the correct fee for your search.

What information is required when submitting a search?

• 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.

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.

What is 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.

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What is a Personal Search?

Any person may make a personal search of the Local Land Charges Register.

• A personal search is by appointment only. 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.
• Normal hours for personal search appointments are Monday – Friday 9am to 12pm and 2pm to 4.30pm.
• This Local Authority does not hold data in an unrefined state and can only be viewed in a refined format due to the Computer System we have and Licencing implications. This data is provided via a PC at Customer Service Centre in the Public Service Plaza reception. The data is for view only so Personal Searchers must be equipped to write down the information they require.
• Please note - all questions will be answered together and they cannot be requested individually.
• The CON29R questions covered are:-
  •  1.1(f)–(h) Planning and Building Regulations
  •  3.1 Land to be Required for Public Purposes
  •  3.3(a)–(b) Drainage Agreements and Consents
  •  3.7(a)-(d),(f) Outstanding Notices
  •  3.8 Contravention of Building Regulations
  •  3.9(a)-(n) Notices, Orders, Directions and Proceedings under Planning Acts
  •  3.10(a)-(b) Conservation Area
  •  3.12(a)-(c) Contaminated Land
• Havant Borough Council operates a one-stop shop for property search information via the Land Charges team with the exception of Highways questions
• Answers to the Highways questions 2(a)-(d), 3.2, 3.4(a)-(f), 3.5, 3.6(a)-(l), 3.7(e) and 3.11 contained on the Con29R are the responsibility of Hampshire County Council and no replies given by Havant Borough Council will include any matters relating to highways.
• Highways enquiries should be referred to Hampshire County Council, Environment Department, Hampshire County Council, The Castle, Winchester, Hampshire, SO23 8UD Telephone 01962 846905.
• 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.
• The Drainage Authority for this Borough is Southern Water, Southern House, Capstone Road, Chatham, Kent. ME5 7QA. Tel: 01634 824 100
• Any comments, suggestions and complaints about the service should be addressed to the Development Services Manager, at these offices.

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How long does it take to return a Local Authority Standard Search?

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:

NLIS Searchflow: 0870 755 9940

http://www.searchflow.co.uk/

Thames Water: 0118 925 1504

www.twpropertyinsight.co.uk

Other providers of electronic searches

TM Property Service: 0844 249 9200

http://www.tmgroup.co.uk/

What information is required when submitting a search?

• 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 www.landregistry.gov.uk or via telephone on: 0844 892 1111.

Do you deal with Commons Registrations?

Commons Registrations are answered by Hampshire County Council but have to be submitted via a Con29O form question 22 to Havant Borough Council.

Do you deal with drainage enquiries?

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

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:

SEARCH STATISTICS

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