What is a personal search?All conveyancing transactions require a local search to be carried out to ensure there are no issues that might adversely affect the property that the buyers (and their lenders) should know about. Search companies carry out personal searches of public information held by local authorities, which is then provided to the conveyancer so they can confirm the position to their client - the buyer.
Personal searches and other related searches play an increasingly important role in the home buying process. They currently:
• account for around 30% - 35% of all local searches, approx. 450,000 per year
• are approved by over 80 mortgage lenders
• are the preferred choice of many legal firms when obtaining local search information
^ Back to Top How large is the personal search market? In the mid to late 1990s, personal searches accounted for around 5% of all local searches but in recent years this has grown to approximately 35%. This rapid growth in personal searches has come about for three distinct reasons: • Service - personal search companies compete with both one another and the local authorities to provide their customers with a comprehensive service for all necessary searches that enables them to make informed decisions.
• Cost Advantage - the fees levied by personal search companies are generally lower than the fees charged by local authorities when undertaking the searches direct. This reflects a commitment to providing a value for money approach.
• Speed of Delivery - personal searches can be significantly quicker compared to the time taken by local authorities to carry out searches.
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Can a buyer advise their solicitor that they want to use a specific personal search company or obtain the reports directly in advance?
Usually searches are generated via a solicitor, but many buyers prefer to go directly to the personal search company as a means to speed up the buying process. This is acceptable as long as the professional indemnity insurance is provided to the solicitor with the report.
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Do lenders accept personal searches?
Over 80 lenders (including many of the largest lenders) accept personal search information as part of a conveyancing transaction. Together, these lenders account for nearly 80% of all mortgage lending in the UK and a significant proportion of the 1.5 million property transactions each year.
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Does a personal search include all the information required for a local search?
When a local authority completes a local search, it uses a Form Con 29 that asks a range of questions about the property and the immediate surrounding area. By making an inspection of both the public information available and other data held by third parties, for example, the Highways Agency, personal search companies are in the majority of cases able to provide the same information. ^ Back to Top
What are environmental reports? Residential and commercial environmental reports reveal a wide range of vital information about past and present environmental issues affecting a property e.g. registered landfill sites, past industrial use.
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Do I need to obtain an environmental report?
Potential environmental risks and liabilities affect all property transactions and investment decisions. Part lla of the Environmental Protection Act 1990 and the Law Society Contaminated Land Warning Card have highlighted the importance of obtaining high quality environmental data when carrying out property transactions.
The Government's commitment to build 2 1/2 million new homes on brown field sites will dramatically increase the risk of homes (not necessarily when first built) suffering from subsidence, methane, polluted land and similar environmental defects. If a buyer purchases property or land without investigating environmental factors they could by law find themselves liable for the "clean up" costs of pollution created by their predecessors.
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What information can be obtained?
Plansearch (Residential)
This will provide information on all planning applications in a 250m radius of the client's property, unlike the local authority search which, except for road and rail, only reports on applications relevant to the property. Included in this report is a summary of policies for future development and land use within a 500m radius of the property.
Using information obtained from the Environment Agency's assessment this report identifies whether the property is within either the indicative natural river floodplain or if near the coast the indicative coastal floodplain. Envirosearch (Residential)
This report provides essential site history, including:-
• Standard Environmental Enquiries for a 500m radius
• Other records showing land use for a 250m radius
• Details on mining (past and present), subsidence and radon levels
• Flooding and Overhead Transmission lines
Also included is the professional opinion of a Chartered Environmental Surveyor, giving clear and positive guidance on land contamination regarding:-
• Impact on value of the property
• Impact on property use as a domestic dwelling
• The likelihood of the property being designated "contaminated land" within the meaning of Part lla of the Environmental Protection Act 1990.
Should a risk be detected, an additional surveyors report detailing the next steps will be produced within 48 hours at no extra cost.
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Are all of these searches available for commercial properties and land purchases?
Yes, with reports tailored to suit the size of the commercial operation. ^ Back to Top
How do I get information on future Planning Permissions on a property or piece of land I want to buy? We would recommend buying Plansearch Residential or commercial report as it addresses this by providing information for the property on:
• Applications made for planning consent over the last 5 years, covering the usual life span of applications, within 250m of the property.
• Development plans produced as a statutory requirement by local authorities within 500m of the property.
• Indicative floodplain information.
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Why should I get an environmental search carried out? The government’s commitment to build 2.5 million homes on brown field sites will dramatically increase the risk of homes suffering from subsidence, methane, polluted land and similar environmental defects – all of which are covered by the environmental reports. Research has identified over 250,000 sites that have been filled in and in many cases built over.
There are 400,000 past industrial sites that have the potential to be contaminated land.
Records exist of over 25,000 current landfill or waste sites and some 40,000 contaminating/polluting processes, discharges and storage of hazardous substances – all potentially concerning a possible buyer.If the original polluter cannot be found (unlikely!) then the homeowner may be liable for the clean up costs or in the worse case scenario, impossible to sell on. ^ Back to Top
How do I get an Environmental Report done on my property? There are several ways to do this:
• If you buying, advise Search24 direct or advise your solicitor to contact Search24 to carry out your Local authority search and the environmental search together
• Order via Search24 and have the environmental search done on its own with any of our other reports
• Contact us and instruct ask us to contact your solicitor
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What is the difference between a residential and commercial environmental report?
Essentially it comes down to levels of detail. More analysis is required for commercial buys. Envirosearch Commercial is a cost-effective site-screening tool for commercial sites. It is available for any site or property in Great Britain and provides high quality, reliable information in the shortest possible time. It can also be used by legal professionals for environmental due diligence in low risk commercial property transactions.
Both reports use data on 'source-pathway-receptor' linkages within 250m of a subject site's boundary and includes a large-scale Ordnance Survey location map and a neighbourhood context map, together with detailed information examining Current Land Use, Historical Land Use and Sensitivity. A Useful Contacts section is provided to assist with subsequent enquiries.
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What is an uninterpreted (Envirosearch report)? Key benefits of Envirosearch Commercial:
1. Comprehensive - site history information is available for the whole of mainland Britain
2. Accurate - site-specific data showing the location of potential risks in relation to the site
3. Reliable - quality controlled environmental data
4. Quick - despatched within 72 hours
5. Easy - simply identify the site and we do the rest!
6. Economical - only £75 for sites up to 15 hectares
7. Flexible - available digitally as a .PDF file or as a printed report (bound or unbound)
8. Service - free User Guide plus a helpdesk for full practitioner support
Applications of Envirosearch Commercial:
1. Screening potential development sites or commercial property purchases
2. Portfolio assessments to prioritise properties for further review
3. Environmental due diligence in low risk commercial property transactions
Envirosearch Commercial is organised into the following eight sections:
1. Location Maps - Confirms the site boundary and indicates the area covered by the report
2. Information and Flood Maps - The features identified within the report are plotted on an Information Map. A Flood Map shows areas that may be subject to flooding.
3. Summary - Comprises source, pathway and receptor information relating to the site and a summary table of the information found on site and in its vicinity.
4. Current Land Use - Map and description of potentially contaminative current land uses.
5. Historical Land Use - Map and description of potentially contaminative historical land uses.
6. Sensitivity - Details of pathway and receptor features including Map ID, direction and contact
7. Other Factors - Information on other factors which may affect the site.
8. Useful Contacts - Addresses and contact telephone numbers of the main agencies who supplied the data in the report
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What is an interpreted (Sitecheck) report?
Sitecheck is a detailed environmental search for commercial properties that provides commercial conveyancers and property professionals with essential environmental risk information. It includes the professional opinion of a Chartered Environmental Surveyor that comments on the impact of land contamination on property value.
Available for any site or property in mainland Great Britain, Sitecheck identifies potentially contaminative sites, within 500m of the site boundary, using high quality, accurate data from reliable sources.
The report includes a large scale Ordnance Survey location map and neighbourhood context map, together with detailed information and individual maps examining Current Land Use, Historical Land Use and Sensitivity. A Useful Contacts section is provided to assist with subsequent enquiries.
The Sitecheck professional opinion is provided by Wilbourn Associates, the UK's leading firm of Chartered Environmental Surveyors. In bringing together specialist knowledge of contaminated land and land surveying, Sitecheck considers the issue of land contamination in relation to property value.
The property will be PASSED in the professional opinion of Wilbourn Associates where the level of risk disclosed in the Sitecheck report:
• is unlikely to have an adverse affect on the value of the property
• is not such that the property would be designated "contaminated land" within the meaning of Part IIa of the Environmental Protection Act 1990.
A detailed report on FURTHER ACTION is produced by Wilbourn Associates where a property is not passed
The
key benefits of Sitecheck:
•
EXPLANATORY - Fully explains the environmental
risks identified.
•
COMPREHENSIVE - Detailed maps and data
showing current and historical land use are available for
sites anywhere in mainland Britain.
•
ACCURATE - Site-specific data indicates
the location of potential risks in relation to the site.
•
RELIABLE - Quality controlled environmental
data from a range of reliable sources.
•
QUICK - Despatched within 72 hours.
•
EASY - Simply identify the site and we
do the rest.
•
ECONOMICAL - Only £149 plus VAT
for sites up to 2 hectares.
•
FLEXIBLE - Available digitally as a .PDF
file or as a printed report.
•
SERVICE - Free User Guide plus a helpdesk
for full practitioner support.
Sitecheck is organised into the following eight sections
:
1. Location Maps - Confirms the site boundary and indicates
the area covered by the report.
2. Summary of Site - Comprises source, pathway and receptor
information relating to the site.
3. Summary - Summary table of information found on the site
and in its vicinity.
4. Current Land Use - Map and description of
potentially contaminative current land uses.
5. Historical Land Use - Map and description
of potentially contaminative historical land uses.
6. Sensitivity - Pathways and receptors map
and details and flood map.
7. Other Factors - Information on other factors which may
affect the site.
8. Useful Contacts - Addresses and contact telephone numbers
of the main agencies who supplied the data in the repor
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What
is PlanSearch Residential?
Plansearch Residential provides essential planning and flooding
information to homebuyers and current homeowners in mainland
Great Britain. It is available within 48 hours from receipt
of order and costs £30 including VAT.
Plansearch Residential
supports the homebuyer in making an informed decision by supplying
quality information for the property and surrounding area,
and provides peace of mind by helping to reveal any potential
surprises around the corner, for example:
•
plans
to construct a telecommunications mast
•
the
opening of a local nightclub
•
the
development of a supermarket or a factory nearby, ruining
the current view from the property
This
unique report, which is illustrated and user friendly, provides
detailed information in three areas. A
summary of the information is also provided, together with
maps illustrating where the Planning Applications and Land
Use Policy areas are in relation to the property, and the
extent of the flood areas.
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What is PlanSearch Commercial?
Plansearch Commercial
is a unique report providing essential planning data for commercial
property searches. It provides current and historical planning
information for the site of interest and surrounding area:
1. Development
Plan Tracker - a listing of the current and emerging developments
plans relevant to the area of search which have been published
by Local Authorities, County Councils and Park Authorities
2. Planning
Applications - dating back to 1997
3. Land
Use Policies - derived from the latest adopted or deposit
Local Plan
4. Flooding
Information
Plansearch Commercial
is available for any commercial site or property in Great
Britain and provides comprehensive, high quality information
in an illustrated and easy to use report, saving the user
both time and money.
An additional benefit
is that the Land Use Policy categories have been standardised
across the whole of Great Britain to produce a 'National Grid'
of planning information. This makes it easier to analyse a
site where two Local Plans, with different development categories,
cover the area of the search.
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What
is a development plan tracker?
The Development Plan Tracker provides information regarding
the life cycle of current and emerging development plans relevant
to the area of search which have been published by Local Authorities,
County Councils and Park Authorities. There are a variety
of different types of plans including; Structure, Local, Unitary,
National Park, Regional Park, Mineral, Waste & Mineral
and Waste Plans.
The information provided details the development plan title,
type, status, stage(s) completed with dates and relevant comments.
The process of adopting a plan is dynamic, and at times lengthy.
For those plans that are currently being prepared, the relevant
stages in each plans preparation are recorded.
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What
does planning applications cover in the Plansearch reports?
The report contains two planning applications sections:
•
Large Planning Applications
(500m search radius) - those with an estimated development
cost of over £100,000, made since 1997
•
Small
Planning Applications (250m search radius) - those
with an estimated development cost of under £100,000,
made since 1998
For ease of use, the applications for developments and alterations
have been standardised in the following ways:
•
Housing
•
Civil
Engineering (e.g. bridges, runways, etc.)
•
Transportation
Facilities (e.g. petrol stations, car parks, airports etc.)
•
Sports/Leisure
•
Education/Health
•
Commercial/Retail
•
Power/Water/Telecom
•
Hotel/Catering
•
Industrial/Agricultural/Demolitions
•
Public
Building
For each application the direction and distance is provided,
as well as the development type, category, stage, application
reference and date, project size, floor space, no. of units,
area and positional accuracy.
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What
are Land Use Policies?
This section of the report provides a summary of the policies
for future development and land use within the area. A description
of the plan from which the information was derived (including
title, status and date published) is provided. To ensure consistency
and ease of use, development categories have been standardised
across Great Britain resulting in a nation-wide classification
system consisting of:
•
Housing
•
Open
Land (e.g. green belts/nature reserves)
•
Heritage
environment (e.g. on historical buildings)
•
Transport
(e.g. roads, rail, bridges, car parks etc.)
•
Town
centre and retailing
•
Industrial
and commercial
•
Community
and social facility
•
Waste,
pollution, minerals, water and energy
•
Rural/settlement
areas
•
Other
site specific
A brief description of the proposed development type, the
direction and distance and a list of policies and chapters
is provided for each development. This means if you have any
concerns further information can be obtained very easily.
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What
flood information do I get on plansearch?
Using the Environment Agency's assessment for England and
Wales, Plansearch is able to identify whether the subject
property or surrounding area is in one of the following:
•
Indicative
River floodplain
•
Indicative
Coastal floodplain
If a floodplain is present it will be shown on the floodplain
map, however, it does not show the influences of defences.
For Scotland, the flooding information has been provided by
the Centre for Ecology and Hydrology and reports on areas
which are likely to flood from non-tidal rivers, in the absence
of flood defences.
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