Christmas and new Year closure
The Council offices will be closed from 4.45pm Friday 21 December 2018 and will re-open at 8.45am on Wednesday 2nd January 2019.
Emergency calls may be made throughout the holiday period on 01268 758357
Castle Point Borough Council wishes all its residents a Merry Christmas and good wishes for the forthcoming year.
Updated: 5 December 2018
Local Searches Completed By Local People With Local Knowledge
The Official Local Land Charges service maintains the Register of Local Land Charges and provides a fast and efficient Local Land Charges service which complies with statutory requirements.
Whenever a property or piece of land is sold, purchased, leased or re-mortgaged a Local Land Charges Search is made to find out if there are any matters affecting the property.
There are three types of search
- LLC1 [pdf] 53KB - The Official Search of the Local Land Charges Register - which deals with registrable charges such as Tree Preservation Orders, Conditional Planning Consents, Improvement Grants etc.
- CON29-R [pdf] 44KB - Required - which deals with a series of standard questions about highways, building control and planning etc.
- CON29-O [pdf] 49KB - Optional - which contains a series of additional questions which can be asked if required by the purchaser. It is possible to select these questions individually according to your own requirements.
Normally the LLC1 search is made together with a CON29 'R' search and is known as the ‘standard search’.
Replies given to a Standard Search (LLCI and CON29'R') apply only to the property which is the subject of the Search. If you require any information about adjacent properties it is possible to request this and pay an additional parcel fee at the time of the request. Consult your legal advisor before submitting your search application, or contact us.
How to make an application
- All search requests must include an Ordnance Survey (OS) site location at a scale of 1:1250 with the property clearly outlined in red.
- The correct fee must be enclosed. (see below)
- If you don't know the correct fee, please call us.
Official Search of the Register of Local Land Charges only
This is the LLC1 form only which, as with all the local search forms, can be submitted separately. An LLC1 will show what restrictions or planning consents apply to the property and is completed by expert and locally knowledgeable staff and you also have the added security in knowing that your search is fully covered by insurance for life in the case of any error, no matter when that error is discovered.
The fee for an LLC1 only is £50. Additional parcels are priced at £10 each if required on an LLC1 only or a CON29 only. If a standard search is requested with additional parcels then the fee for each extra parcel is £15.
Cancellation of Search Requests
Once a search has been accepted and registered no refund or part refund can be made.
Fees from 1st January 2017
- With effect from 1st January 2017 the Con29 element of searches will be subject to standard rate VAT.
- With effect from 1st May 2017 the Con29 element of searches will have a fee increase to reflect the increase in cost to the service.
|Full Fee Structure||2016||2017|
|CON29’R’ (standard search)||£56||£71|
|Essex County Council Highways||£16||£16|
|Extra Parcel fee (standard search)||£15||£17|
|LLC1 only £50||£50||£50|
|CON29’O’ Questions||£20 each||£24 each|
|Solicitors own Questions||£30 each||£30 each|
|Extra parcel fee LLC1||£5||£5|
|Extra parcel fee CON29||£10||£12|
If you want to ask more questions not included in the basic search you will need to add
- Additional parcels are £15 each on a Standard search.
- Form CON29'O' enquiries are £10 for each property parcel.
- Part 3 enquiries are £30 each.
What is a local land charges search
A full official local authority land charges search comprises two parts and is completed by council staff who are experts in their field and maintain the only fully authoritative database available:
- The register of local land charges contains details of all local land charges registered against land or property that are binding on the current owner and all successive owners of the land.
- The form enquiries of local authority (known as forms CON29 'R' and 'O') supplements the register of local land charges by seeking information which is outside the scope of a land charge but relevant to an intending purchaser/mortgagee.
When is a search necessary
Searches and enquiries should be made on:
- every purchase and mortgage (or sale in some cases)
- on every taking or assignment of a lease
- property used as security
- on long-term rent (although not absolutely necessary).
What Information will a Local Authority Search tell me
The register of local land charges contains details of all local land charges registered against land or property.
In addition to the register, an integral part of the modern conveyancing process is the standard enquiry form known as CON29'R'. This enquiry is in two parts:
- CON29'R' which is a list of questions relating to highways, planning and building control matters which would have an effect on the property. These would include matters such as traffic schemes, compulsory purchase, public footpaths, building control and enforcement issues. This list is not exhaustive and there are other issues which could be revealed.
- CON29'O' are 'Optional' questions that you may wish to ask of us. In addition, you can ask any reasonable question of your own which we refer to as Part 3 Questions.
- Additional fees are payable for the 'official' completion of the CON29'O' and Part 3 questions.
The CON29'R' enquiries deal with Town Planning, Drainage, Highways, Environmental Health and Building Regulations:
- Planning is the most comprehensive section dealing with Forward Planning which sets out rules on development control. What can and cannot be built and to what standards.
- History of planning applications since 1st January 1990.
- Enforcement Proceedings which may be served on the land or property as well as whether the property has permitted development rights removed for minor development, for example, fences, gates and porches (Article 4 Direction Orders), Tree Preservation Orders, Conservation Areas, neglected Listed Buildings which have been served with a repairs or preservation notice and whether the council has cancelled a valid grant of planning permission.
- Replies to the Drainage enquiries are now limited to Agreements for building over public sewers or sewer easements - restrictions on development near trunk sewers.
- Highway matters deal with whether the roadways including the footways are maintainable at public expense, meaning whether the council is responsible for the cost of maintenance or whether the roadways and footways are private and if the cost of maintenance lies with the property owners.
- Highway schemes. Major highway schemes include new roads, property acquisition and road improvements such as widening, construction projects such as underpasses, subways and flyovers for example.
- Searches will now include information on traffic management schemes. Examples include schemes such as traffic calming, one way driving, waiting/loading restrictions, road closures to through traffic, proposed residents parking zones, cycle routes as well as other traffic management proposals.
- Environmental Health deal with public health notices that have been served on land or property such as unfit housing and blight notices. Information regarding any grants will also be revealed.
- Building Regulations deal with constructional details of buildings which set down minimum building standards and action against unauthorised building work that is unsafe. Searches include details of Building Regulation applications submitted from 1996.
Also covered in the standard search enquiry are matters relating to compulsory purchase, construction of new railways and properties affected by radon gas.
CON29'O' enquiries are optional and additional fees are payable for each question asked. Categories of question include:
- Public Rights of Way.
- Strategic Planning, for example Enterprise Zones.
- Environmental Notices.
- Food Safety and hygiene standards.
- Radon Gas precautions and measures.
- Advertisement Restrictions and Register of Advertisement applications.
Part 3 is any reasonable question of your own that we can answer.
What we won't tell you
Anything that is outside the boundary of the property being searched. This includes items such as planning and building regulation applications on adjoining properties or parcels of land adjacent to the property being searched and major developments within the neighbourhood. We can respond to these matters as a Part 3 Enquiry for which an additional fee is payable.
Who can apply for a Search
Anyone can apply. You can make the application yourself or through your Solicitor or Licensed Conveyancer.
You will need two copies of forms LLC1 and CON29 'R' and 'O'- which are available to buy from legal stationers. In addition you must also provide with your application an OS site location plan showing the boundary of your property outlined in red at a scale of no less than 1:1250. These can be obtained from many websites such as the ‘Ordnance Survey’ official site.
Making an Application
Members of the public and other agents are able to obtain the necessary information from the Local Land Charges Service to answer some of the questions contained on the Local Search Forms directly and free of charge.
To make an application, download an LLC1-Property [pdf] 35KB , and an CON29-Property [pdf] 147KB and email them with an OS extract plan of a scale of 1:1250 with the property clearly outlined in red, to LLCPI@castlepoint.gov.uk
The results will be returned, by email, within 20 working days of receipt and validation.
Information which is provided on the Council's website will not be provided through the Property Information Service. Where records such as planning files, are available for public inspection and also held on the website either method of access can be used to obtain the information requested. Information that is available from an external organisation or public utility, such as the Water Utilities, will not be provided as part of the Property Information Request.