Across the conveyancing world, local authority searches are a routine part of the transaction. Every property purchase requires them, and most conveyancers order them without giving too much thought to the wider system behind the information. Yet when you step back and look more closely at how searches are priced and delivered across the country, the picture becomes rather more interesting.
One of the things many practitioners have noticed over the years is how much the cost of a local authority search can vary depending on where the property sits. Two properties of similar value in different parts of the country can attract noticeably different search fees. In some areas the charges are relatively modest, while in others they are significantly higher.
That variation exists because each local authority is able to set its own fees for the enquiries it provides. Councils generally work on a cost-recovery basis, meaning the charges are intended to cover the cost of maintaining records and providing responses. Yet because every authority operates slightly differently, the result is a landscape where the price of a search is not uniform across England and Wales.
For conveyancers working across multiple regions, this quickly becomes apparent. A transaction in one council area may involve one level of fee, while the next file on the desk could involve something quite different.
Another aspect that is sometimes worth reflecting on is how search fees have historically been treated within some councils. In earlier years many authorities appeared to view search fees almost as a dependable revenue stream. Charges were often increased annually and, although the explanation usually related to cost recovery, the income generated did not always seem to flow directly back into the land charges or search departments themselves. Much of it simply disappeared into the wider council coffers.
In some ways it is not unlike the way road tax now works nationally. Motorists pay the charge, although the funds are no longer ring-fenced specifically for roads.
More recently we are beginning to see a similar pattern appearing in other parts of the search landscape. Some councils are introducing new charges connected to regulated searches, placing fees on access to information that historically sat within the public domain and was freely available. In certain cases these charges can appear difficult to justify, particularly when the information involved is already held within public records. For search agents and conveyancers it can sometimes feel as though the cost of simply accessing basic property information is gradually increasing.
The situation has also become more interesting in recent years as the Local Land Charges registers have gradually moved from councils to HM Land Registry.
For many decades the local authority handled both parts of what most people simply called the “local search”. The land charges register and the enquiries were managed within the same organisation, and the fee structure reflected that.
Today the system is gradually splitting into two pieces, something we spoke about during last week’s IPSA Kind Of Magic discussion. As councils migrate their registers, the structure is beginning to change. The Local Land Charges search (LLC1) is now supplied by HM Land Registry once an authority has migrated, while the CON29 enquiries, which cover matters such as planning, highways and environmental information, remain with the local authority.
From a pricing perspective this means the cost of the search can now come from two separate places. HM Land Registry sets the fee for the LLC1 element, while the council sets the fee for the CON29 enquiries.
Another factor affecting pricing is the way councils structure the enquiries themselves. The standard CON29 questions form the backbone of the search, although optional enquiries can sometimes be added depending on the property or the conveyancer’s requirements. Some authorities charge separately for those additional enquiries, while others bundle everything into a single fee.
Then there is the question of service levels. Some councils offer expedited searches or priority services for an additional charge, while others operate a single standard turnaround time. The approach can vary considerably between authorities, which again contributes to the different costs seen around the country.
For those working within the search industry, these differences are simply part of everyday life. Search agents keep track of the fee structures and service approaches used by each council and adapt accordingly. For conveyancers and buyers, however, it is something that often goes largely unnoticed.
This week on IPSA Kind Of Magic, host Gareth Wax will be joined by Hamish McLay, Chairman of IPSA, along with Val Bennett, whose many years of experience in local authority searches always bring a practical and knowledgeable perspective to these discussions.
Together we will take a look at how local authority search fees are structured, why they vary across the country, and how the evolving relationship between councils and HM Land Registry is shaping the landscape.
The episode airs live on Wednesday at 1pm.
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Comments and thoughts are always welcome before, during, or after the conversation.