About Land Charges
A Local Land Charges Search is part of the land and property conveyancing process. "Charges" refer to any outstanding financial claims, restrictions, decisions or information which may affect a particular property or parcel of land.
Searches are used to identify if there are any matters affecting a property or land which a prospective purchaser should be aware of and which might affect their decision to go ahead with the purchase.
In this way, the search is designed to protect potential purchasers of property.
When is a Land Charge Search required?
Searches and enquiries should be made on:
- every land or property purchase and mortgage (or sale in some cases)
- every taking or assignment of a lease
- property used as security
- long-term rentals (although not absolutely necessary)
Our Local Land Charges Section maintains the statutory Local Land Charges Register. We also collate information from various other Council departments such as Development Services to enable the completion of a Local Land Charges Search.
The official search is conducted by our trained and dedicated local land charges section. As part of this process, the team will ensure that the information revealed in your search report is relevant and accurate. We will normally complete an official search within 5 working days of receipt.
Advantages to using the councils Land Charges Searches are as follows:
- authoritative data available from our departmental partners.
- the official search will bear the logo of Redcar and Cleveland Council
- we produce and sign a Certificate of Search which only Local Authorities are permitted to do.
- no third party involvement
- no add-on transaction fees
- we offer an electronic return via email and NLIS
- variety of search types to suit your needs
A local land search is split into two main types, a search of the:
- Local Land Charge Register (LLC1),
The CON29 search is itself split into 2 sections
- CON29R (Required)
- CON29O (Optional).
The LLC1 form (Local Land Charges Register):
The LLC1 form is a legal document which reveals entries that are registered in the Local Land Charges Register against a property or land. The Local Land Charge Register is split into 12 parts:
- Part 1 General Financial Charges
- Part 2 Specific Financial Charges
- Part 3 Planning Charges
- Part 4 Miscellaneous Charges
- Part 5 Fenland Ways Maintenance Charges
- Part 6 Land Compensation Charges
- Part 7 New Towns Charges
- Part 8 Civil Aviation Charges
- Part 9 Opencast Coal Charges
- Part 10 Listed Building Charges
- Part 11 Light Obstruction Notices
- Part 12 Drainage Scheme Charges
CON29R form (Enquiries of a Local Authority):
This is a standard form of questions (containing 64 components) agreed between the Law Society and Local Government Associations. The form contains comprehensive enquires designed to reveal to intending purchasers information about the property to be purchased. The enquiries fall into the following categories:
- Planning and Building Control
- Other Matters
CON29O form (Enquiries of Local Authority - Optional):
The CON29O section is made up of a further 20 individual optional enquiries listed in the optional enquiries" section of the Local Search Schedule document.
Note: CON29 questions may be purchased individually if required.
A personal search may be conducted by anyone, but in the vast majority of cases these are conducted by private companies on behalf of their clients. A personal search allows for the inspection of the Local Land Charges Register, at the council offices. All other publicly available registers may also be inspected but they may not all be located in the same place; other information may need to be obtained from the council website or by reference to committee minutes.
Environmental Information Regulations
The Environmental Information Regulations 2004 (EIR) give people a right of access to information about the activities of public authorities that relate to or affect the environment, unless there is good reason for them not to have the information.
This means that:
- everybody has a right to access environmental information.
- disclosure of information should be the default
- an applicant (requester) does not need to give a reason for wanting the information.
- all requests for information must be treated equally;
- any information released under the Regulations must be treated as if it were being released to the world at large.
Environmental information is any information on:
- the state of the elements of the environment and the interaction among these elements;
- factors affecting or likely to affect those elements;
- measures or activities affecting or likely to affect those factors or elements, or designed to protect those elements;
- reports on the implementation of environmental legislation;
- cost benefit and other economic analyses and assumptions used within the framework of those measures and activities; and
- the state of human health and safety, conditions of human life, cultural sites and built structures in as much as they are or may be affected by those elements.
Some environmental information is already freely available on the RCBC website and national websites such as www.ukradon.org/. In these cases a formal request for information is not required as research can be made directly on the internet without cost.
From 1st April 2017, where the council receives an EIR request to supply information, appropriate cost recovery fees apply.
The Regulations require that EIR information is provided within 20 working days, however this deadline can be extended to 40 working days where the request is both complex and a large amount of information is required.
How to apply for a search
A search is normally carried out by a solicitor using one of the methods below:
Email - email@example.com
Post - Redcar & Cleveland House
Hand delivered to above address
DX document exchange
NLIS - National Land Information Service
(on-line service) http://www.nlis.org.uk