Land Charges Frequently Asked Questions

Home Information Pack Regulations

The new regulations requiring Home Information Packs to be compiled prior to houses being advertised for sale began on 1st August 2007. The first houses to be included were 4+ bedroom houses followed on 10th September 2007 by 3+ bedroom properties.

A Land Charge Search is one of the required elements of a Home Information Pack.

Also on 1st August 2007 the new Con 29 forms were released providing the ability to submit searches in separate parts (this is described in more detail in the paragraph headed 'what is a local search'). The form also includes an new element,Box E, that requires the name of the vendor, solicitor and estate agent to be declared and the relationship between any parties to be specified.

Please be aware that Shrewsbury & Atcham Borough Council will only accept the revised 2007 version of the Con 29 form.
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What is a Local Search?

A search is required when a property or piece of land is purchased, leased or re-mortgaged.

The search reveals any charges or encumbrances relating to that property or piece of land.

The search consists of two parts:

1. The LLC1 - This is the official certificate that deals with all the charges recorded in the local land charges register. These charges include for example, grants, tree preservation orders, financial charges, listed buildings, and conservation areas.

2.  The Conveyancing Form (Con 29) - This form deals with proposed issues such as proposed road schemes, drainage, environmental matters, proposed tree preservation orders etc. This form deals with matters that are not held on the local land charges register.

The Con 29 is divided into two parts:

a.  Con 29 (R)- This is a required element of the Home Information Pack and covers matters referred to in paragraph 2 above.

b. Con 29 (O) - These are optional enquiries and the questions that you require must be ticked in box C of the form. These questions relate to matters such as footpaths, pipelines, food safety notices, common land enquiries etc. Each question asked incurs an additional fee (see fees and charges).

All forms must be submitted in duplicate and be accompanied by a clearly marked plan.

The search will only give the information relating to the property/land identified on the plan, it will not give information relating to adjoining or nearby properties.

Each search request form LLC1, Con 29 (R) and Con 29 (O) can be submitted independantly from the other but must be accompanied by the appropriate fee (unless you are emailing or faxing the search - see 'how do I submit a Local search').
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What is a Personal Search?

A personal search is a search of the Land Charges Register only, it does not provide all the information given on a full search (LLC1 and Con 29 (R)).

An official search made at the Local Authority has statutory provision for compensation under section 10(3) of the Local Land Charges Act 1975 should anything go wrong. This does not apply to a personal search where the onus is on the person/company carrying out the search.

The statutory fee for a personal search is £11.

Appointments for a personal search must be made at least 24 hours in advance and the number of searches that can be made in any one day is at the discretion of the Council.

Shrewsbury & Atcham Borough Council is currently taking 3-4 working days to complete a Land Charge Search.
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How do I submit a Local Search?

1. By e-mail or by Fax - We will require the LLC1 and/or Con 29(R) and/or Con 29 (O) forms together with the appropriate plan of the application site. An invoice will be forwarded to you at the end of the month. The e-mail address is Land.Charges@shrewsbury.gov.uk  The Fax number is 01743 281142.

2.  NLIS - National Land Information Service - Shrewsbury & Atcham Borough Council are currently able to administer electronic searches through NLIS at level 3 which means that we can receive and return searches electronically.

To use the NLIS service you will need to register with an NLIS licensed channel provider, for more information visit http://www.nlis.org.uk/ .

3. Postal Submissions - The LLC1 and Con 29 (R)/Con 29 (O) forms can be obtained from legal stationers.

The forms must be completed in duplicate and two location plans highlighting the property/area to be searched should be submitted to the council at the following address:

Shrewsbury & Atcham Borough Council,
The Guildhall,
Frankwell Quay,
Shrewsbury,
SY3 8HQ

Payment by way of cheque must accompany the application. Please see fees and charges for a list of fees. Cheques should be made payable to 'Shrewsbury & Atcham Borough Council'

Please note Shrewsbury & Atcham Borough Council no longer use the DX system.
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How long will it take to complete a Local Search?

We are currently taking 3 - 4 working days to complete a Land Charge Search.
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Do I send my Commons Registration Search to you?

Yes. With effect from 1st October 2007 the Common Land question must be addressed to Shrewsbury & Atcham Borough Council and is question number 22 on the Con 29 (O) form. Shropshire County Council will not accept the form CR21 from 1st October 2007.
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Do you answer drainage enquiries?

No - please contact Severn Trent Water, Conveyancing Searches, P.O.Box 6187, Nottingham, NG5 1LE.
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Can you tell me who owns the land?

No - please contact the Land Registry, Telford Office, Parkside Court, Hall Park Way, Telford TF3 4LR.
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Can I pay an expedite fee?

No - this is not considered necessary because our searches are currently only taking 3 - 4 working days. However you may wish to consider emailing or faxing your search to eliminate postal delays.
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Can I fax/email a Search?

Yes.
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What are the fees and charges?

What about Landfill Sites?

When asking a question about Landfill sites, a scale plan is necessary (preferably 1:2500)
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