Local Land Charges

     

What are Local Authority Searches?

A Local Land Charge Search is a search of the Local Land Charge Register which provides information about any local matters that would affect a property.

The Local Land Charges Act 1975 was designed to ensure that prospective purchasers of land were informed of any obligations enforced by local authorities which may affect the property e.g. the full planning history; plans to build new roads in the vicinity; if the highway fronting the property is public or privately maintained; if the area is designated a conservation area; tree preservation order; enforcement notices; housing grants etc.

The full local authority search has two parts:

1. The first part is called the LLC1, this deals with information from the Local Land Charges register which shows all the registerable charges, i.e. financial charges, improvements grants, tree preservation orders, Planning Agreements and Enforcement Notices, Conditional Planning Consents, Smoke Control Orders and Buildings of Special Architectural and Historic Interest.
2. The second part is the CON29R, this deals with supplementary information held by the Local Authority.  The information is very comprehensive and provides essential answers about the property, such as;

          - is there going to be a major highway running through the property?
          - is the road in front of the property maintained at public expense or will you have to
            maintain it?
          - is there a contravention in relation to a Building Regulation affecting the property?

There are also optional enquiries (CON29O form) that we can reply to if you want more information, such as:

         - common land
         - public paths or byways.

The Law Society, which regulates solicitors, encourages the use of an official search and considers that a personal search of the statutory register should only be undertaken when time does not permit an official search.

How do I get a search done?

On submission, searches will be accepted for processing providing they include the following: 

• The full appropriate paperwork;
• The full correct address clearly quoted;
• An up-to-date accurate scale plan in duplicate showing the extent and location of the subject of the search clearly edged in red;
• The correct fee (please click on link below for details of fees):

 Local Land Charges Fees 2008

Searches can be submitted via paper or electronically through NLIS (see Online Searches below). 

We aim to return all standard official searches within 5 working days.

What is a Personal Search?

Any member of the public is entitled to inspect the Local Land Charges Register upon payment of a statutory fee. The main users of this service are personal search companies. A solicitor may choose to use a personal search company to carry out a search on a property instead of submitting an official search through Local Land Charges.

If you rely on a personal search from a solicitor or personal company, you should be aware that a personal search does not provide all the information given on a full (LLC1 and CON29) search provided by the Local Authority. It is only a search of the Local Land Charges Register (LLC1). 

The Local Land Charges Register is available for personal searches by strict appointment only between 10.00am -12.30pm & 2.00pm – 3.30pm Monday to Friday (these times may be subject to review).  To make an appointment please contact a member of the Local Land Charges team below.

Good Practice Guidance

The Council's Good Practice Guidance can be viewed by following the link below:

 Good Practice Guidancel

Performance of Local Land Charges Service

Month	Total Number of Searches	Returned Within 10 Working Days
January 2008	204	100%
February 2008	227	100%
March 2008	226	100%
April 2008	182	100%
May 2008	155	100%
June 2008	163	89%
July 2008	115	100%
August 2008	81	90%
September 2008	90	95%

Online Searches

National Land Information Service (NLIS) provides Solicitors with an electronic means of submitting Local Authority Searches.  We have Level 2 capability and are able to return searches electronically.

This system is our preferred method of receiving search requests as it is much quicker and eliminates the need for post or DX.

Below are the contact details for the NLIS Channel providers should you wish to submit a Local Authority Search through NLIS:

TM Property Services Ltd

0870 740 7833

http://www.tmproperty.co.uk/

Searchflow

0870 787 7625

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

Jordans Ltd

0800 023 2378

http://www.transaction-online.co.uk/

For further information visit the National Land Information Service at  www.NLIS.org.uk

Contact Us At Shepway

By post:

Local Land Charges
Shepway District Council
Civic Centre
Castle Hill Avenue
Folkestone, CT20 2QY
DX 4912 Folkestone

01303 853544 & 01303 853385 Karen Amos, Senior Local Land Charges Assistant

 01303 853469 Leonard Hunter Local Land Charges Assistant