Pre-Contract Searches, Enquiries and Due Diligence
This domain tests whether the buyer's file contains the searches and enquiries needed for an informed purchase, and whether you can read results critically rather than simply filing them.
The standard package
- Local land charges search (LLC1) and CON29 enquiries: planning history, building regulations, highways, public rights of way, contaminated land, enforcement notices and community infrastructure levy.
- Drainage and water enquiry (CON29DW): adoption status of sewers, drainage, water supply and charging.
- Environmental search: a commercial risk report on flooding, radon, contamination and subsidence; it is not a regulatory search and does not replace inspection.
- Coal mining (CON29M) and brine or subsidence searches where location demands them; commons and town or village green searches for rural land.
- Chancel repair liability: for registered land it binds only if protected by notice; for unregistered land an historical search remains prudent.
- Energy performance certificate: required before marketing; check it exists and note recommendations relevant to value.
- Planning: obtain copies of permissions and building regulations completion certificates, not merely the search summary.
Enquiries of the seller
The Law Society Property Information Form (TA6), Fittings and Contents (TA10) and, for leaseholds, the Leasehold Information Form (TA7) plus the management pack. Answers must be accurate; a careless 'not known' can amount to misrepresentation.
Occupiers and third parties
Ask who occupies, on what terms, and whether any occupier contributed to the price; this drives overreaching and restriction advice.
Worked example
A buyer's solicitor receives a clear local search and a low-risk environmental report, but the TA6 discloses a boundary dispute with a neighbour over a fence. The searches do not answer that point. The solicitor should raise further enquiries, obtain the title plan and correspondence, consider whether an indemnity policy is available (usually not where the dispute is known), and report to the lender, since a known dispute can affect valuation.
Traps
- Treating searches as valid indefinitely; results are date-sensitive and must be re-ordered if completion is long delayed.
- Assuming one local authority covers the property when it sits near a boundary.
- Relying on the seller's answers without checking the register and title plan.