A Local Authority Search is a service for people purchasing or re-mortgaging property or land within the Rhondda Cynon Taf area who want to find out information that may affect it.
For example it is to ensure that a purchaser of land is not caught out by the existence of obligations or ‘charges’ enforceable against successive owners.
The Council has a duty to maintain an up-to-date Local Land Charges Register and to provide an accurate response to search requests. This involves the section working closely with other sections within the Council.
Searches are submitted on two standard forms:
The first form is called the LLC1 and is an application for an official search of the register i.e. it deals with all of the charges recorded in the Local Land Charges Register. It can include:
- Details of financial charges registered against the property or land
- Listed Buildings
- Conservation Areas
- Planning applications that have been approved with conditions
The Local Authority is under statutory duty to comply with a LLC1 application.
The second form is the CON29 (short for conveyance form 29), which has been formulated by the Law Society to ask questions on a variety of matters relating to the property or land. Both forms are submitted as part of a conveyance procedure, usually undertaken by a solicitor. The Council will only answer the standard questions unless you specify any other questions you would like answered.
Much of the information given by the local authority in reply to Form CON29 cannot be obtained from any other source, for example proposed road schemes within a certain distance of land or property. It is only by submitting an official Form CON29 that can you find out about any formal or informal notices affecting a specific property. The majority of this information is not available to a personal searcher. Form CON29 is a contractual document.
You should tell your solicitor before they submit the search about any additional questions you would like answered.
The responses to a search will only relate to the property or land named on the forms. If you need information about any neighbouring sites, for example details of any planning applications or permissions on neighbouring property or land, then you will need to raise a specific additional enquiry. You can ask if any additional roads or footways not mentioned in the address of the property are publicly maintained under the Highways Act. Ask your solicitor to identify the roads or footways by name or by colouring on a plan and enter the request in Box C of the Con29 form.
Commons Registration searches can also be carried out by us.
What information is required when submitting a search?
Local Authority Searches can be submitted via the postal system or electronically via NLIS.
We want to be able to begin processing your search as soon as we can but sometimes incomplete documentation can delay us. So here are some tips and in some cases essential requirements:
- Always send two completed LLC1 and Con29 forms.
- Always send two copies of a plan with the site to be searched outlined in red.
- Ensure you are including all optional and additional enquiries you require.
If you wish to include other roads and footways etc. in Box C of the Con29 form, please identify them by name and enclose a plan. If the name is not known, provide a plan identifying them by colouring or hatching.
The fee received must be correct before a search can be returned. Remember to include the fee for any optional and additional enquiries. Cheques are to be made payable to Rhondda Cynon Taf County Borough Council. If on receipt of a search we find the fee to be incorrect, we will contact you.
To carry out a Commons Registration search, a duplicated CR21 form is required, accompanied by two plans.
How long does it take to return a Local Authority Standard Search?
The government’s national target for returning standard searches is 10 working days or less. The majority of searches submitted to Rhondda Cynon Taf County Borough Council are returned in a lot less time; much depends, of course, on the volume of searches received.
To ensure that we continually monitor our performance levels, we have also set local performance measurement targets for returning standard searches within 3 working days and 5 working days.
What is the Local Land Charges Register?
The Local Land Charges Register consists of twelve parts and details charges that ‘run with the land’. The Local Land Charges Team maintains the Register. The following are examples of the types of information or ‘charges’ that might be found on the Local Land Charges Register:
Detailing amounts of money that are due to the Local Authority, usually these amounts have been incurred as a result of works carried out by the Council in default.
- Planning Applications:- What applications for planning permissions have been granted, refused or are now pending?
- Conservation Areas:- These are areas which have been designated by the Authority as areas containing special architectural or historic interest. It is obviously desirable to preserve or enhance these areas.
- Tree Preservation Orders:- These orders are revealed so as to prevent the cutting, felling, loping or uprooting a single tree, or group of trees without the express permission of the Local Authority.
Community Infrastructure Levy (CIL)
IMPORTANT – CIL LIABILITY IS HELD AS A CHARGE ON LAND. IF CIL IS NOT PAID YOU MAY HAVE DIFFICULTY SELLING YOUR LAND OR PROPERTY
On the 31st December 2014 Rhondda Cynon Taf’s Community Infrastructure Levy (CIL) Charging Schedule came into effect. To find out more information about what development will be liable to CIL please visit our Community Infrastructure Levy (CIL) pages at www.rctcbc.gov.uk/cil.
If CIL is a requirement for an approved development this will be recorded on the Land Charges Register and disclosed to interested parties on receipt of an official search. This is the case for any enforcement action taken in respect to the CIL.
For more information, please visit our Community Infrastructure Levy (CIL) pages at www.rctcbc.gov.uk/cil.
What is the National Land Information Service (NLIS)?
Solicitors may be able to submit searches electronically via the National Land Information Service (NLIS). It allows people quicker and easier access to authoritative, accurate and comprehensive information on all land and property in England and Wales. To find out more visit the NLIS website.
We are currently able to receive searches via NLIS Level 2 and respond via the post. We hope to upgrade our service to NLIS Level 3 in the very near future, which will enable us to respond electronically as well.
Current NLIS Channel Providers:
0870 755 9940
What are the Local Land Charges Fees?
Local Authority Search Fees effective from April 2014.
Searches sent by post
Searches sent by post
Certificate of Search (LLC1 only)
Full Search Fee (including LLC1 & Con29 (R) )
Fast Track (residential Property Search Only)
Optional Part II Enquiries (No's 4-22)
Solicitors Additional Questions
Questions submitted after search
Commons Registration Search (No22 on Con290)
- If Part II enquiries (no’s 4-22) are not submitted with a full search, an admin fee of £10 is also required.
- Only cheque payments accepted.
- Please make cheques payable to RCTCBC
Land Charges Section
Rhondda Cynon Taf County Borough Council
Unit 2 Maritime Business Park
Maritime Industrial Estate
Tel: 01443 490100
Fax: 01443 485776