Property Searches and Surveys: Are They Essential?
Conveyancing in England and Wales is largely governed by the legal concept of caveat emptor which means “let the buyer beware.” The seller only has a limited duty to disclose information to a buyer, and it is therefore important that the buyer and their solicitor carry out investigations about the property. The two ways in which we can obtain further information is via conveyancing searches and a building survey.
What are conveyancing searches?
Conveyancing searches are enquiries made by a buyer’s solicitor to the Local Authority and other organisations, which provide detailed information about the property.
If you are buying with a mortgage, then your lender will require searches to be carried out to protect their position. Even if you don’t need mortgage finance, we would always suggest that searches are obtained so that you have as much information as possible before committing to your purchase.
Although it will depend on the property, usually the following three searches are carried out as standard:
- Local Authority search: this search covers information the Local Authority holds about the property, including its planning and building control history, and details about whether the access roads are maintained at public expense. This search only covers the property itself, and a specialist planning search is available if there are concerns about potential development of nearby land.
- Drainage and Water search: this search checks the drainage and fresh water supply arrangements for the property. It also shows whether any sewers or drains run within the boundaries of the property that may affect the potential for future development.
- Environmental search: this search provides an opinion on whether the property is likely to have been built on or near contaminated land. This is very important, not only from a health perspective, but also because it could have major financial repercussions if remediation is required. Cleaning up a contaminated site can be very expensive, and liability may fall on the current landowner if the original polluter cannot be identified. The result will also usually cover other risks such as flooding, ground instability, levels of radon gas and the potential risks likely to affect the property as a result of climate change.
Specialist searches
Depending on the geographical location of the property or features nearby, it may also be appropriate to carry out further specialist searches for additional information to inform the purchase. These may include:
- Coal Mining search
- Tin search
- Highways search
- Flood search
- Planning and/or infrastructure searches
Do I need a building survey?
Surveys play a vital role in informing you about the current state of repair and condition of the property that you wish to buy. We strongly recommend that you appoint your own surveyor to identify any structural or other defects likely to give rise to problems and expenditure in the future. A survey should also confirm the value of the property, to ensure the price you are paying is fair and reasonable.
Your building surveyor should be a suitably qualified professional, such as an approved surveyor under the Royal Institution of Chartered Surveyors.
Conveyancing Experts
Whether you are buying your first home or adding to your property portfolio, our experts are dedicated to ensuring a smooth and stress-free experience.
Make an EnquiryThere are four different types of survey as follows:
Lender Valuation
This is a valuation commissioned by the Lender (if you are purchasing with a mortgage), to check that the property is adequate security for the loan. This is not a building survey and will not provide detailed information about the property’s condition or reveal physical defects.
Level 1 Survey
A basic level report carried out by a qualified surveyor, who will describe the condition of the property and flag any obvious risks but will not carry out detailed inspections or tests. It will not usually provide advice about future repair and maintenance issues.
Level 2 Survey
More comprehensive than a Level 1 survey, with more extensive inspection of the property and its services. However, it will not include any structural tests or advice on future repairs/maintenance.
Level 3 Survey
A full structural survey carried out by a qualified surveyor, including an extensive inspection of the property. The surveyor will provide a detailed assessment of the property’s condition and any potential defects and check the normal operation of the property’s services. They will also advise on the likely cause of any defects and appropriate remedial works. This is particularly useful for high-value, complex or historical properties or those of a non-standard construction.
When should I instruct a survey to be carried out?
We would strongly advise that you instruct a building surveyor to carry out a survey of the property as soon as possible before exchange of contracts. Once contracts have been exchanged, you will not be able to withdraw from your purchase on the basis of any physical defects discovered.
Conveyancing Experts
Our experienced conveyancing team is here to support you from initial instruction right through to completion and key collection. Whether you are a first-time buyer or expanding your property portfolio, we are committed to making the process straightforward and stress-free.
Get in touch today to speak with a member of our Property team.
How can we help?
When you submit this form an email will be sent to the relevant department who will contact you within 48 hours. If you require urgent advice please call 01202 525333.
