Before we begin any conveyancing work on your behalf, we will give you an estimate of the costs. We will also ask you to provide proof of your identity, as this is a requirement of most mortgage lenders. There are a number of parts to the legal work involved in buying a property. This step-by-step guide will take you through the process.
Anyone selling a property in England and Wales must have an EPC available for prospective buyers.
With your input, we will complete the remaining legal work on your behalf
The seller's solicitors are responsible for preparing the legal paperwork relating to the property you are buying. We will request the Pre-Contract Package from them - this includes official copies of the seller's title, the draft contract, and a complete seller's property information form and fixtures & fittings list. When we receive the pack, we check everything is in order. We also check for anything that will affect the property (restrictions or other matters) and advise you of them.
Depending on the location of the property and the requirements of your mortgage lender, we may undertake a number of different searches relating to the property:
Local Search
This search is nearly always necessary. It is conducted with the Local Authority and looks into matters like planning permissions, environmental health matters, compulsory purchase orders, tree preservation orders, highways and roads proposals, and enforcements. This will only reveal matters related to the specific property you are buying. We do not normally undertake searches regarding other properties in the area, however you may wish us to undertake a plan search, which will reveal any planning applications and land usage policies for the neighbouring properties and the surrounding area.
Water Search
This search is often a requirement of lenders and is undertaken where the Local Search does not contain information regarding the property's drainage arrangements, or if there is a doubt about the property's connection to mains drainage and sewers.
Environmental Search
This search may be necessary in order to check whether the property you are buying could be affected by things like subsidence, flooding or landslide. It also provides information on matters like contaminated sites, air quality, and landfill and waste sites in the vicinity of the property. In some cases, an environmental search could be invaluable. When a Local Authority identifies a contaminated site, it can demand that action be taken to decontaminate it. Whilst liability primarily falls on the party that caused the contamination, if they cannot be found, the burden often falls on the current owner of the land. Compliance with the Local Authority's requirements can be expensive and the costs can exceed the value of the property.
Railways, Telecommunications, Electricity, Gas and other similar searches
This search is useful where telecoms companies, electricity companies, Railtrack, Transco and other companies have equipment running through or near the property. It is conducted with the companies themselves. The search will show any rights of access, or other obligations affecting the property.
Flood Plain and Landfill Search
These searches are conducted with the Environment Agency based on the postcode of the property and indicate the proximity to the property of flood plains or landfill sites.
Plan Search
This search gives information on planning applications and land usage policies for both the property itself and the surrounding area. It therefore goes much further than a Local Authority search. The kind of information revealed by a plan search can be extremely useful as it could, for example, show a planning application relating to a neighbouring property or vacant area of land which, should it be approved, could affect the value of the property you are purchasing. You should advise us if you wish us to undertake a plan search as we would not normally do this unless requested.
Coal Mining Search
This search is relevant in coal mining areas, like parts of West Yorkshire. It is a paper-based report and does not involve physical inspection of the property. Your mortgage lender may request this search if the property is in an area where there is or has been coal mining. You should let us know if you believe the property you are purchasing lies in an area that may be affected by coal mining.
Guides to Conveyancing: