A local Land Search is required every time a property or piece of land is purchased or leased or an evaluation is carried out. The search is in two parts -
the first part, called the LLC1, deals with all the registerable charges, improvement grants, tree preservation orders and planning agreements associated with the property. The second part, called the CON29R, deals with issues such as road schemes, the planning history of the property, enforcement notices and other matters which may affect the property. There are also preset optional questions (CON29O) as well as scope for asking additonal questions on any aspect of the property and its environs.
The search can be done either by the local Council or through a third party agency, such as a Home Improvement Pack (HIP) provider or a personal search company.
During 2008, there have been two major consultations by the Department of Communities and Local Government (CLG) on the way in which local authorities (LAs) should set their fees in future, including the newly introduced charges for third parties to access property information. The output of these consultations informed the drafting of the Local Authorities (England) (Charges for Property Searches) Regulations 2008, which came into force in December 2008 replacing the 1994 Regulations and giving third parties the chance to compete on level terms with LAs in supplying the full property searches required for HIPs. The underlying principle of the new Regulations is that LAs must set their fees for searches or for access to unrefined data (property information) on a cost recovery basis and must publish annually the costing methodology used to calculate the fees and, post year end, the actual income derived and costs incurred.
Whilst it is difficult to predict the ongoing effect of the current economic crisis, the fees below have been calculated using lower volumes of searches than normal and estimated costs.
The information below details how members of the public/solicitors can obtain a search directly from the Council. This is followed by a section detailing the ways in which HIP providers / personal search companies can obtain the necessary information from the Council to compile their own searches.
A search obtained from the local authority
Epsom & Ewell Borough Council offer full searches with an option to have a refresher search within 6 months at a reduced rate. Searches are produced by trained officers and checked by a supervisor before being dispatched. Currently searches are completed within 1 – 2 working days. Copies of planning decision notices and building control completion certificates issued within the last 10 years are included where available to give as complete a history of the property as possible.
How to request a search
Both the LLC1 and CON29R forms should be submitted at the same time if answers to both are required. Searches must include the following when submitted to be accepted for processing:-
Search requests should be posted or delivered to the following address:
Epsom & Ewell Borough Council
Customer Services Department
Town Hall
The Parade
Epsom
KT18 5BY
Seaches can also be sent via the DX system to Epsom DX30713
Fees
Fees are calculated annually in accordance with the 2008 Regulations (see above) and the Local Authority property Search Services – Costing Guidance issued by Communities and Local Government in January 2009. The costing methodology is detailed in the costing file which may be accessed via the link below.
Search |
Fee |
| LLC1 |
£11 |
| LLC1 and CON29R |
£140 |
| LLC1 and CON29R (plus refresher search within 6 months) |
£190 |
| Refresher search (within 6 months) |
£70 |
| CON29O - optional highway questions (SCC) |
£13 |
| CON29O - other optional questions |
£10.50 |
| Additional questions (cost per hour, min one hour) |
£25 |
| Expedited search |
£20 |
| Parcel fee |
£25 |
| Personal Search fee |
£22 |
HIP Providers/Personal Search Companies
Epsom & Ewell Borough Council are happy to work closely with local companies to develop a fair and resilient method of complying with the new legislation as this will benefit the end consumers, who are our residents or would-be residents, by providing a competitive alternative service to the official search process.
It does represent, however, a real challenge particularly in respect of the calculation of charges which must be in line with the Office of Fair Trading’s recommendation to provide ‘a level playing field’, particularly in these times of economic uncertainty. In our calculations, we have included only those costs borne internally by the Land Charges department in order to access data from other departments such as planning, building control and environmental health, and have excluded costs that relate to the collection and verification of such data as these costs are borne by the individual departments and are offset against the application fees.
We do also need to fully understand the companies’ requirements so that best practices can be evolved for the mutual benefit of both parties. For these reasons, it is hoped that the good working relationships enjoyed in the past will continue and that together we can adapt to the new conditions and we welcome feedback from our customers now and in the future.
We can only supply information relating to Council activities and therefore questions relating to highways must be addressed to Surrey County Council directly and, similarly, questions relating to water and sewerage to Thames Water.
We have devised three different methods whereby companies can access our own property data in order to complete the CON29 and, under the terms of Regulations 2008, have calculated the charges accordingly. (The search of the Land Register is set by the Lord Chancellor’s department and currently remains at £11).
As of 1 January 2010 the cost of a Personal Search is £22.
For reasons of data integrity, security and data protection, we are not able to grant third party access to our computer network. We have therefore developed a database which feeds directly from our own system and allows private companies to access the same information that is used in official searches. Although, there is a charge for accessing the database, you may request clarification on an item revealed on the property history database at no additional cost. There is an option to add access to scanned images of planning decision notices and building control completion certificates from the database, at a small additional cost.
Alternatively, we have provided a questionnaire which allows companies to specify which of the CON29R questions they wish to be answered. Charges are at a unit cost plus an administration charge.
These three methods of obtaining data are supplemented by the lists of pre-set answers to certain of the CON29 questions that we supply free of charge as well as the details of locally listed buildings. Public registers can be freely accessed during office hours (Mon – Fri 9-5) at the Town Hall and there is information on current planning applications etc on our website.
How to obtain a personal search and local information
It is important that information to complete the CON29 is obtained at the same time as the search of the Local Land Register is made else incompatibilities may arise.
We therefore strongly recommend that companies arrange for scheduled access to the computer database or submit the questionnaire at the same time as the request for a personal search is made. In line with existing arrangements, requests for personal searches/access to local information may be made over the telephone (01372 732000) or by email or in person at the Town Hall (address above).
Turnaround time is currently 1 to 2 days for personal searches and we aim to continue this fast response in the coming year both for searches of the register as well as the supply of local property information, whether by completed questionnaire or by scheduled access to the computer system (between 9:30am to 4:30pm).
The database allows users to print off information and full instructions / training and support is provided at no additional cost. Alternatively, if the questionnaire method is used, the form (see link below) may be submitted electronically or by post or in person and the completed forms will be returned electronically or in hard copy by post, DX or for collection as preferred.
Information Commissioner’s Office: guidance on property search information and the Environmental Information Regulations
Epsom & Ewell Borough Council has received the above guidance document and is currently in the process of interpreting its contents.
The Council is not obliged to follow the guidance of the ICO on this issue, as it is not statutory and we have chosen not to follow this guidance at this time pending legal opinion which the LGA is seeking on behalf of the sector.
While we seek such guidance, property search information will of course remain available to search companies under our existing access and charging regime under the Local Authorities (England)(Charges for Property Searches) Regulations 2008.
Fees
Access to the database is charged at £44 per property, without scanned images, or £56 will full access to the images.
If a questionnaire is submitted, question1.1 is bundled at £7.50 and all other questions from the CON29R charged at £1.10 each. There is an administration charge of £22.50 per form for transcribing the information from the public registers and other sources onto the form and verifying that all information is correct. Optional and additonal questions are charged as shown above.
General
If you have any queries or wish to discuss your requirements with a member of staff, please ring 01372 732000 and ask for Land Charges department during office hours, Monday to Friday 9am to 5pm.
Link to CON29 Questionnaire
Link to Annual Statement 2009-2010
Link to Costing Calculations 2009-2010