A brief explanation of land charges
Here is some extra information about land charges.
Why have searches?
Searches are part of the standard conveyancing process for the purchase of land and/or property.
The results of searches are used to help a prospective purchaser decide on the desirability and suitability of the property, as well as informing of any enforceable registrations in existence and future proposals under consideration at the time the search was carried out.
Enquiries of Local Authority (CON29R and CON29O)
The CON29 form has been in use for over 50 years and was created to compliment the LLC Register search. The form contains a standard set of enquires agreed by central government, the law society and local authorities.
The CON29 enquiry form serves to provide prospective purchasers with information which relates to the property being searched and in some cases the area in which the property is situated, it provides information on items in existence as well as items that are in the pipe line/being considered, and/or awaiting approval. It is often these items that without the CON29 enquiry form would go unnoticed and have a material effect on the future use, development and enjoyment as well as financial burden of the property. Whilst some of the enquiries seem to replicate areas of the LLC Register this is not the case, as the information revealed in response relates to notices or procedures prior to LLC Registration.
The vast majority of the information used to respond to the CON29 enquiries comes from within the local authority or from the County Council (where applicable).
A CON29 enquiry form can be completed by either the local authority (LA) or another. The LA completed CON29 is backed by the LA's insurance and is commonly referred to as an official CON29. Completion of the CON29 form by the LA is not a statutory function, but a contractual function upon payment of the required fee.
The LLC Register
A Local Land Charges (LLC) Register was maintained by every local authority in England and Wales (with the exception of County Councils). Under the Infrastructure Act 2015 responsibility for the registers was transferred to HM Land Registry in a phased approach. The first transfer was in summer 2018. Ours transferred in Autumn 2021 and is now the responsibility of HM Land Registry. We are no longer responsible for the LLC Register
The LLC Register records details of all entries registered against properties within the borough that fall within the definition of a local land charge e.g. expressly made an LLC by statute or a charge which is a restriction or prohibition on a parcel of land securing payment or restricting use and is binding on successive owners. There are 12 different parts of the LLC Register covering a wide range for areas, e.g. financial charges through planning, miscellaneous, aviation, listed buildings and light obstructions notices.