Our clients often ask us how long does a search take? Local authority searches, environmental checks and water/drainage reports are essential elements of the UK conveyancing process.
We teamed up with Mishcon de Reya to write the definitive guide to the UK conveyancing process, addressing everything from hiring a lawyer to understanding how long a search takes to exchanging contracts.
All the details are in our free 2024 guide. Please complete the form below:
The stage ‘Survey, Searches and Papers’ is extracted from the conveyancing guide:
Survey
Middleton will usually instruct a firm of surveyors to inspect the property. Your surveyor will attend the property and identify any physical issues which might affect your use and enjoyment of the property and its value. Your surveyor will report to you on their findings and may also identify other legal issues for your lawyer to follow up on.
In some cases, we and/or your lawyer may recommend further, specific reports or surveys. For example:
- For listed properties, your lawyer is likely to liaise with your surveyor to ensure any works done to the property broadly mirror the consented plans.
- If you intend to carry out works to a heritage property, we may recommend that you engage a specialist heritage property planning consultant to advise you at this early stage.
- Some rural properties have private draining systems (septic tanks, cesspits, or sewage treatment plants). If you are buying a large house with a complex system, we and/or your surveyor may recommend you have a drainage expert survey the system to check it is in good working order.
- Some rural properties may rely on a private water supply. These supplies require regular testing, and pumping and treatment systems need to be well maintained. Again, we and/or your lawyer may suggest you commission a survey of the system, particularly where the seller has limited information or there have been issues with the system in the past.
Searches
At the same time as asking for papers (see 4c below), your lawyer will submit searches with the Local Authority (often referred to as a ‘local search’) and other third parties. The searches will cover several subjects including planning, nearby road and rail schemes, environmental factors and drainage. How long the search takes may vary, depending on the Local Authority, it can take from 24 hours up to 6 weeks. If the timings on your purchase are tight or the local search result is unlikely to be back in time for exchange, your lawyer may suggest that you proceed without the search result and take out indemnity insurance. This insurance is designed to cover the diminution (drop) in value resulting from an adverse entry (or, if cheaper, resolving that issue). If you have a mortgage, this may not be acceptable to your lender and so you should discuss with your lawyer whether proceeding with indemnity insurance is the right option.
Papers
Your lawyer will receive papers from the seller’s lawyer. If the seller is well prepared for the sale, these are likely to be issued within a few days of your lawyer requesting them. In other cases, the seller’s solicitor will provide the papers in batches as they are received. Exactly what will be included will depend upon the type of property you are buying but will always include the ‘title’ and replies to The Law Society’s ‘standard enquiries’. The papers – also sometimes referred to as the ‘Sales Pack’ – should be broadly as set on page 13. Your lawyer will assess the information and paperwork relating to the property and identify any additional information they feel is necessary.
To get our full conveyancing guide including how long searches take, please complete the form above.