Local land charges
A local land charge is created by either local authorities or other bodies with the powers to do so, known collectively as originating authorities.
Local land charges searches are normally required in the property-buying process. Most local land charges are restrictions or prohibitions on the use of the property or land. The local land charges search will reveal whether a property, or area of land, is subject to a charge if that charge has been registered.
Every local authority in England, with the exception of county councils, is required to hold a local land charges register that records obligations affecting properties within their administrative area. Under the Infrastructure Act 2015 responsibility for the 326 registers will eventually all be transferred to HM Land Registry.
Until that transfer of data takes place, North Lincolnshire Council currently maintains the local land charges register for this area.
In addition to the local land charges register, the council provides responses to the CON29 enquiries of the Local Authority. The CON29 enquiries are not part of the transfer programme to HM Land Registry.
A full Local Authority Search can consist of the following:
- The LLC1 – official certificate of search from the Local Land Charges Register
- CON 29 – Enquiries of Local Authority
- CON 29O – Optional Enquiries
The local land charges register is a statutory register that is maintained by all local authorities throughout England & Wales.
The local land charges register consists of 12 parts which are as follows:
- Part 1 General financial charges
- Part 2 Specific financial charges
- Part 3 Planning Charges
- Part 4 Miscellaneous charges
- Part 5 Fenland ways maintenance charges
- Part 6 Land compensation charges
- Part 7 New towns charges
- Part 8 Civil aviation charges
- Part 9 Opencast coal charges
- Part 10 Listed buildings charges
- Part 11 Light obstruction notices
- Part 12 Drainage scheme charges
The common obligations protected as local land charges include:
- Planning permissions (these form the majority of charges)
- Listed buildings
- Conservation areas
- Tree preservation orders
- Improvement and renovation grants
- Smoke control areas
The CON29 enquiries of the local authority – include further information to prospective purchases of property or land relating to: – Drainage, Building Control, Environment, Environmental Health, Highways, Planning and Traffic – such as full planning history from 1 August 1977, nearby road schemes, outstanding notices etc.
The CON29O – optional enquiries – enables prospective purchasers of property or land to request even more detailed additional enquiries relating to: -. Road Proposals, Pipelines, Common Land and Town or Village Green etc.
Forms – Solicitors and the Law Society have all the relevant forms.