Local Authority and Commons searches in Haringey
- What is a Local Authority Search?
- What does the word 'charge' mean?
- What is included in a search?
- The Local Land Charges Register and Enquiries of Local Authorities
Local Land Charges Registers and Searches of them were introduced by the Land Charges Act 1925.
The register and the ability to make searches of it were designed to ensure that purchasers of land or property are not caught out by the existence of obligations or restrictions known as charges, which are binding against successive owners, by local authorities. The registers form a property-based information system. A search result will include any entries recorded against the property being searched - typically, these could include Smoke Control Orders, Conservation Areas, Tree Preservation Orders, financial charges where the council is able to recover money owed to it.
A 'charge' is a restriction imposed on the use of the land
A local land charge is binding on successive owners or occupiers of land or property: for example
- conditions imposed when planning permission is granted
- Conservation Areas which restrict permitted development
- Smoke Control Orders made under the Clean Air Act, restricting which type of fuel may be burned.
Normally, lawyers submit an application for an Official Search on form LLC1, and the local authority will search the register and disclose any entries on schedules. The register is updated every day. In almost all cases the search will be accompanied by a questionnaire, Enquiries of Local Authorities (known as form CON29R).
A statutory requirement is placed on all Local Authorities within England and Wales to generate, maintain and regularly update a Local Land Charges Register and to provide local searches.
The CON29 form is a contractual document, containing an agreed list of standard enquiries of the local authority in part 1. Optional enquiries that may be asked if they are considered to be relevant, and are in CON29O.
The Building Regulations information is being disclosed from 1 April 2002 onwards. For information prior to that date, please make a direct application to Building Control or telephone the Building Control Enquiry Line 020 8489 5504.
The Local Land Charges Register consists of twelve parts, all of which are searched to produce a search result.
In addition, local authorities may have resolved to serve notices or to take other action which has not yet reached the Local Land Charges Register but which will affect future occupiers.
The CON29 form is used to find out about items that do not yet appear on the register, or which may not be registrable. A few examples are: planning policy statements, proposed enforcement action, proposed road or traffic schemes.
Other than information held in statutory registers, the information given by the local authority in reply to the CON29 form cannot be obtained from any other source.
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