Local Land Charge Searches FAQs
The following questions are answered here:
1 What is a Local Land Charge Search?|
2 What is a Local Land Charge?|
3 What do I need a Search for?|
4 How long does a Search take?|
5 Who do I contact and/or where do I send my Search?|
6 What should I send with my Search?|
7 How much does a Search cost?|
8 What if I have an additional or further question?| **Updated February 2008**
9 Which District should I contact ?|
10 What if I want to do a Personal Search?| **Updated February 2008**
11 Who owns the land?|
12 Is this land public highway?|
If you have any other questions please contact us, our contact details are available at the bottom of this page.
Question 1: What is a Local Land Charge Search?
An integral part of the modern conveyancing process is the conduct of a Search of the Register of Local Land Charges - a statutory register maintained by a local authority. The Register is regulated under the provisions of the Local Land Charges Act 1975.
In Bedfordshire there are three registering authorities - Bedford Borough Council, Mid Bedfordshire District Council and South Bedfordshire District Council.
The Register of Local Land Charges contains details of all local land charges registered against land and/or properties situated within the local authority. It consists of twelve parts containing information relating to properties such as Tree Preservation Orders, Conservation Areas and also financial charges detailing money due to the Council usually for works carried out by the Council by default - information that the purchaser of a property would be interested in.
Question 2: What is a Local Land Charge?
This is a restriction or prohibition - a burden as such - placed on the land or the property involved, or a financial charge that is binding on successive owners and/or occupiers.
It is important to note that a Local Land Charge may be of a financial or a non-financial nature. The most important factor is that the charge must be binding on successive owners or occupiers of the land and/or property. A charge can originate from a local authority and other public bodies eg. The Water Authority.
Details of the Local Land Charge are recorded on the Register of Local Land Charges - for which the Local Authority has a statutory responsibility to update and maintain - and make available for public inspection.
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Question 3: What do I need a Search for?
If you are considering purchasing land or property you will want as full a picture as possible of the land/property you are interested in. A Local Land Charge Search can give you for instance, details of road proposals, the position regarding planning permissions, and whether there are any outstanding proposals which will directly affect the property you are buying.
The Search is usually generated by your solicitor and passed to the appropriate Local Authority. There are 'different types of Searches' - see below - your Solicitor should advise you which one is the most appropriate but it is important to note that the most basic Search available will not cover proposed road schemes, details about Rights of Way, & Minerals and Waste sites & other perhaps vital information.
The District and Borough Councils within Bedfordshire will forward certain questions to Bedfordshire County Council. As the County Council is both the Highways Authority and Minerals and Waste Authority - any questions relating to Highways, Rights of Way and/or Minerals & Waste must be answered by the County Council.
Different types of Local Land Charge Searches
The Search is usually generated by your solicitor and passed to the appropriate Local Authority. There are different types of Searches - your Solicitor should advise you which one is the most appropriate but it is important to note that the most basic Search available will not cover proposed road schemes, details about Rights of Way, & Minerals and Waste sites & other perhaps vital information.
The most basic Search of the Local Land Charge Register is submitted using a form called the LLC1 form. This is an official request to search the Local Land Charges Register. The originator can specify a Search of the whole register (twelve parts) or just one part. The Local Authority has a statutory duty to agree to the request.
Most LLC1 requests are accompanied by another form - a questionnaire currently called the CON29. This is a contract between the Local Authority and the originator. By accepting the form & a fee the Local Authority agrees to answer a number of standard questions and any other questions indicated on the form. The originator can ask a number of additional standard questions as well as any more personal but relevant questions. All additional questions will incur an additional fee with the local authority.
The CON29 form covers questions/areas not necessarily covered by the Local Land Charges Register & therefore not included in the answers to a basic LLC1 Search. Much of the information given in reply is not available on any public register and only an official CON29 search will give you a full picture of the property you are buying. For instance it is only via a CON29 Search that details of proposed road schemes or rights of way will be given.
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Question 4: How long does a Search take?
The Audit Commission have set the registering authorities (the District/Borough Councils) a target of completing a Standard Search within 10 working days. In order to ensure the local Districts & Borough Council can meet their target the County Council has its own target of replying to Searches from the District/Borough Council within 5 working days of receiving the Search.
The majority of Searches are answered well within this time by the County Council and the Districts & Borough Councils expect the majority of their Searches to be replied to within 24 hours.
The County Council's 5 working day target has been set to allow Searches which require further investigation to be completed.
The County Council may receive follow -up letters to searches sent by the solicitor clarifying the details sent in the original Search. In these cases the County Council has a target of replying to letters within 7 working days of receiving the letter.
Question 5: Who should I contact and/or where do I send my Search?
The Districts and Borough Council's are responsible for maintaining the Register of Local Land Charges. The official Search forms must be sent to these local authorities first. The specific Council to send the Search to - depends on the location of the property/land involved. Please refer to the contact page shown above for the main contact details for each District.
Any questions on the LLC1 and/or CON29 forms relating to the status of a road, highway boundaries and/or Minerals and Waste Sites will automatically be referred by the District/Borough Councils to the County Council. As the Highways & the Minerals and Waste Authority the County Council has a statutory responsibility to answer questions relating to these areas in a Local Land Charge Search.
The National Land Information Service (NLIS) became one of the first fully operational electronic service delivery systems delivered under the Modernising Government Initiative. With a focus on conveyancing , it provides an on-line, one-stop-shop for all land and property related information in England and Wales. It is the e-commerce portal for professional conveyancing and allows Local Authority Search requests (i.e. Local Land Charge and Commons & Village Green Searches) to be submitted and responded to on-line.
To find out more visit the main NLIS website at
www.nlis.org.uk| (opens in new window)
Question 6: What should I send with my Search?
When a Local Land Charge Search is submitted to the local authority:
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the correct forms should be submitted,
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the correct fee should be included,
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an Ordnance Survey map or plan should be included with the property/land concerned clearly outlined. It is important to include a map or plan to ensure that the answers to the Search cover the whole area in question.
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When a Search is submitted electronically via the National Land Information Service (NLIS) - the forms, fee and maps are all sent over the internet.
Question 7: How much does a Search cost?
The actual cost of the Search is dependent on the type of Search (see above) you submit and the Local Authority involved.
You are advised to contact the relevant District and/or NLIS for the specific price of the Search required. The relevant District will depend upon the location of the property/land involved. Please refer to the contact page shown above for the main contact details for each District.
Question 8: What if I have an additional or further question?
The CON29 form allows the originator to include further/specific questions. Once again the charge for these additional questions varies according to the Local Authority involved. You are advised to check with the relevant District for their current charge.
Follow up letters are received by the County Council to clarify Search details relating to Highway and/or Minerals and Waste matters. There is usually no charge for these follow up letters.
You can also send enquiry letters direct to the County Council. However please note we usually require a plan in order to answer these enquiries and a charge will apply. The County Council currently charges the following:
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£16.85 for a basic highway status or extent enquiry
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£31.00 for a complex Highway, Rights of Way or Minerals and Waste Enquiry.
Question 9: Which District should I contact?
The relevant District will depend upon the location of the property/land involved. If you are unsure please use our 'Which District Do I Contact' page shown above.
Question 10: What if I want to do a Personal Search?
This is when a person conducts their own Search of the Local Land Charge Register. The Local Authority has a statutory duty to make the Local Land Charges Register available to the public and Personal Search Companies.
The Local Authority in this case being either Bedford Borough Council, South Bedfordshire District Council or Mid Bedfordshire District Council who are the registering authorities.
This amounts to an inspection of the twelve part register and covers only those questions on the LLC1 form. It does not cover parts included within the CON29 form.
There are other Council Registers open for public inspection. However these do not form part of the Personal Search and additional appointments may need to be made and additional charges made. e.g. the Definitive Footpath/Public Rights of Way are not covered by a Personal Search.
'Personal searches of the local land charges register and other records held by local authorities - Good practice guidance for local authorities and personal searchers'
The Department of Communities and Local Government (DCLG) published the booklet above in January 2008. This updated the 2005 guidance booklet. This good practice guide provides advice to local authorities and personal searchers on providing access to property information held by local authorities used in property searches.
The booklet is available for downloading directly from the
DCLG website| (opens in new window)
Alternatively it is available free of charge from:
Communities and Local Government Publications
PO Box 236
Wetherby
LS23 7NB
Tel: 0870 1226 236
Fax: 0870 1226 237
Product Code 07 PPFC 04699
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Question 11: Who owns the land?
Although this is a question which is frequently asked and frequently accompanies a Search Enquiry it is very rare that the Local Authority can help or answer the query unless the land in question is owned by the local authority.
For Bedfordshire County Council if it is suspected that the land is owned by the County Council - the County Council's partner -
Mouchel should be contacted. Their contact details are shown on the option 'Links to other useful sites' above.
If it is not County Council owned land then either the title deeds for the land in question should be examined or you will need to contact the
District Land Registry at Peterborough| (new window) on (01733) 288288.
Question 12: Is this land public highway?
As the Highways Authority the County Council holds information relating to the status and extent of the highway and has a statutory responsibility to answer specific queries relating to the status of a road - such as the roads status (private or adopted), the actual boundary of the road, any related adoption plan details and the extent of the adoption plan.
An official Local Land Charge Search should always be sent directly to the Districts and Borough Councils as they are the registering authorities. The District and Borough Councils will then forward the specific highway questions on a Local Land Charge Search to Bedfordshire County Council.
The County Council can be contacted directly for queries relating to the status and extent of a highway.
We will answer a straight forward adoption query by telephone or email with a yes/no answer and we will, if asked, state whether there is a Section 38 agreement in place. If more detailed information regarding the highway is required we would need a plan and the request in writing.
The County Council currently charges the following:
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£16.85 for a basic highway status or extent enquiry
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£31.00 for a complex Highway, Rights of Way or Minerals and Waste Enquiry.
For direct enquiries the County Council has a target of replying to 90% of letters within 5 working days of receiving the letter.
Please refer to our Contact Us page for details of whom to contact and where to send your enquiry.
Alternatively appointments to view adoption plans can be made by contacting us on 01234 228647. The maps and plans are available for public inspection on Mondays to Fridays (except public holidays) between the hours of 9.30 am and 4.00 pm – and members of the public can inspect them free of charge. We do require a minimum of 24 hours notice to ensure we can cater for your request and have the information available for you. Please note not all roads and highways have an adoption plan.