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Local Authority Searches

Why does an Official Search take so much long to do than a Personal Search?
This is due to the fact that the Official search is performed by the Local Authority itself and we are dependent on their turnaround times.

What is a personal search?
Under the Local Land Charges Act 1975, local authorities are required to allow any person to search the Local Land Charges Register on payment of a prescribed fee. In addition, any person is entitled by law to inspect any records open to public inspection held by local authorities, for example, the planning register, the register of enforcement notices, stop notices and breach of condition notices.

All conveyancing transactions require a local search to be undertaken to ensure there are no issues that might adversely affect the property, which the buyers (and their lenders) should know about. Search companies carry out personal searches of public information held by local authorities, which is then provided to conveyancers so they can confirm the position for their buyer clients.

How large is the personal search market?
In the mid to late 1990s, personal searches accounted for around 5% of all local searches but in recent years this has grown to 25% or more. This rapid growth in personal searches has come about for three distinct reasons:

• Cost Advantage – personal search companies pay a prescribed fee for viewing the public data that is lower than the fees charged by local authorities when undertaking the searches direct.
• Speed of Delivery - personal searches are significantly quicker compared to the time taken by local authorities to carry out searches.
• Service – personal search companies compete with one another to provide their customers with the best possible comprehensive service for all searches required.

Do lenders accept personal searches?
Over 80 lenders accept personal search information as part of a conveyancing transaction including a mortgage. Out of the largest 15 lenders, 14 already fully support the use of personal searches and the remaining lender is currently reviewing its policy. Together, these lenders account for nearly 80% of all mortgage lending in the UK and a significant proportion of the 1.5 million property transactions per year.

Does a personal search include all the information required for a local search?

When a local authority completes a local search, it uses a Form Con 29 that asks a range of questions about the property and the immediate surrounding area. By making an inspection of both the public information available and other data held by third parties, for example, the Highways Agency, personal search companies are able to provide the same information.

What standards are in place for personal search companies and what protection is available if the search information provided is incorrect?
All members of the Council of Property Search Organisation (CoPSO) comply with a Code of Good Practice that requires:

• staff to be properly trained to undertake personal searches with thoroughness and diligence
• professional indemnity cover of £5 million per transaction to ensure that there is robust protection available for those using personal searches
• search results to be presented in a way that makes it clear that the search information has been compiled by the searcher and not by the local authority
• independent adjudication of complaints.

Can personal searches be included in the Government’s proposed Home Information Packs?
Personal search companies provide an efficient and reliable service for conveyancers, lenders and consumers. The Government’s reforms to the home buying and selling process in the Draft Housing Bill will clearly encourage greater diversity in those providing search information, which will generate further improvements via competition. CoPSO is currently working closely with officials both on the searches to be included in Home Information Packs and in promoting improved contact with local authorities when searching public information.


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