There is a statutory binding on the local authority to maintain a register of certain matters. Called the Local Land Charges Register, it is open to public inspection and is divided into 12 parts which are mentioned on the reverse of the application form.
Making the search
A local land charge should be made on every transaction by submitting Form LLC1 to the unitary, district, or London Borough Council or other appropriate authority where the property is situated. When the application is made by post, a duplicate copy of the form should be filled, and submitted along with a photocopy of the plan of the land (if the land cannot be clearly identified by its postal address), and a fee for the search. The search should be made in all parts of the Register.
The search result
The search result is provided in the form of a certificate, duly signed by an officer of the local council. The certificate should reveal the number of entries revealed by the search and should be accompanied by a schedule containing the summary of the relevant entries. Further information on these entries can be sought from the local council’s office or by obtaining copies of these documents by paying a fee for the documents.
What the searches reveal
A search at the Local land Charge should reveal all entries that are statutorily required to be revealed including:
b) Tree preservation orders that prevent felling of trees without authorised permission
c) Smoke order control to restrict the use of smoke causing fuels
d) Compulsory purchase orders
e) Planning permissions
f) Restrictions on permitted developments
g) Orders revoking or modifying planning permissions
The buyer’s conveyancing solicitor should advise the buyer about the implications of these entries. For instance, a tree preservation order would require that a tree in the property cannot be felled or lopped without permission. Care should be taken to investigate if such entries are likely to affect the buyer’s intended use of property.
When a planning permission is revealed, the seller should produce copies to prove that the buyer’s proposed use is authorised for planning purposes and that there are no conditions that may interfere with them. When a financial charge is revealed, the conveyancing solicitor should ask the seller to discharge these charges before completion of the transaction or can ask the buyer to reduce the purchase price.
Liability
Compensation is payable to a person under S 10 of the Local Land Charges Act 1975, when he suffers loss as a result of an erroneous official certificate of search.
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