Local Land Charges

 

Local Land Charge Search

A Local Land Charges search is required to inform a purchaser of the existence of obligations or 'charges', enforceable against successive owners by local authorities, or central government.

A 'charge' describes a burden imposed on land with which successive owners or occupiers of land and/or property must comply. The charges detailed on the local land charges register would not normally be disclosed by looking at the title deeds or inspecting the land or property itself. Local land charges may be of financial or non-financial nature.

This service is not to be confused with the District Land Registry. If your enquiry relates to ownership of land you should direct yourself to the Peterborough District Land Registry.

The Local Land Charges Register

The local land charges register consists of twelve parts. The following are examples of the types of information or 'charges' that might be found on the local land charges register.

Financial charges: 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.

Conservation areas: these areas have been designated by the authority as areas containing special architectural or historic interest. Obviously it is desirable to preserve or enhance these areas.

This designation gives additional controls over new buildings or demolition works. The conservation area designation also helps to protect trees. Therefore before carrying out any works to trees within a conservation area contact the Planning Office for advice.

Smoke control orders: only certain approved types of fuel can be used in smoke control areas eg: smokeless coal.

In addition to the registrable items revealed on the local land charges register a potential purchaser will also wish to know of any notices about to be served on the property which will become binding upon any new purchaser upon completion.

To cover these important but non-registrable items the questionnaire form CON 29R is available.

CON 29R enquiry form and CON 29O optional enquiry form

On 1 August 2007 the new CON 29R( 2007 edition) was introduced. The CON 29R contains required enquiries and the CON 29O contains optional enquiries. Customers can now submit optional enquiries individually, if required. Each part is a stand alone product that can be ordered seperately.

There will be an administration fee of £15.00 if one or more optional enquiries are individually raised.

For Information relating to common land, please submit CON 29O - optional enquiry 22 to local land charges. This information is not held or maintained by this authority. The enquiry will be referred to Essex County Council who will reply to you direct. The fee for this enquiry is £14 or £29 (including admin fee) if requested seperately from an official search request.

Additional enquiries should be clearly typed on an additional sheet of paper and attached to the original search. Questions must be clear. The council cannot answer enquiries such as 'in the vicinity' or 'likely to affect the enjoyment' because they are too vague. Remember to include the necessary fee of £20 for each enquiry.

Highways

If you require information about other roads, footpaths, etc (box C), they must be clearly identified in box C and/or marked on the plan. Please note Mouchel will only provide information for roads which abut the search area.

Additional enquiries relating to Highways matters or any other highway information is not provided by this authority and may only be obtained by contacting: The Highway Records Manager, The Mouchel Group, Victoria House, 105-107 Victoria Road, Chelmsford, Essex CM1 1JR or DX 3322 Chelmsford.

How to submit a search

When submitting a 'local land charges requisition for search' you should include forms LLC1 and CON29 in duplicate (these forms are obtainable from solicitors or law stationers). You should also send a cheque made payable to 'Epping Forest District Council' for the correct fee. If you have a plan of the premises send us two copies outlining the relevant area clearly in red. We do not usually require them for numbered residential premises - but we will always need two plans in the case of land, sub-divided premises, named premises or industrial sites with the area outlined as described above.

Personal searches

By appointment only between 9:30am and 11:30am.

Notice for personal search agents

Information Commissioner’s Office (ICO): guidance on property search information and the Environmental Information Regulations.

Epping Forest District Council has received the above guidance document and is currently in the process of interpreting its contents. The Council is not obliged to follow the guidance of the ICO on this issue, as it is not statutory and we have chosen not to follow this guidance at this time pending legal opinion which the LGA is seeking on behalf of the sector. While we seek such guidance, property search information will of course remain available to search companies under our existing access and charging regime under the local authorities England (charges for property searches) regulations 2008.

Local land charges have undertaken a costing exercise in compliance with the local authorities (England) (charges for property searches) regulations 2008 and are now able to provide access to the information required to complete the CON 29R enquiries which are not held on public registers, on a cost recovery basis.

Personal search appointments (amended 7 March 2011)

In accordance with statutory instrument 2010 No.1812, The Local Land Charges (Amendment) Rules 2010, with effect from 17 August 2010 the council will no longer charge a fee for personal inspection of the local land charges register.

Following a recent restructure within local land charges, we have had to revise the existing appointment booking system in place for personal search agents to view the LLC Register and also obtain the replies to some, or all of the chargeable CON 29R information. Local land charges will undertake up to a maximum of 8 personal searches each morning (subject to staff availability and demand) and offer appointments at the following times: 9:30am, 10am, 10:30am, 11am and 11:30am Monday to Friday.

Except in special circumstances appointments will not be offered during the afternoon

The appointment must be booked with the local land charges section by telephone only and will be offered on a "first come, first served" basis in accordance with the arrangements below. The local land charges section do not accept any personal search appointments made via email or fax.

At the time of booking please state exactly which CON 29R enquiries are required (if any), failure to do so may result in the incorrect information being obtained. A fee will be charged for any additional work that has been carried out and is subsequently not required.

This information, together with a plan showing the exact search area clearly edged in red, must be emailed to contactllc@eppingforestdc.gov.uk directly after booking the search.

Failure to provide an adequate plan may result in the appointment being cancelled. The search will only be carried out on the area shown edged red on the plan regardless of the address given at the time of booking

A copy of any local land charge registrations affecting the search address together with the replies to any requested CON29 enquiries from the other departments will be shown to the agent, whose responsibility it is to make a note of this information. If copies of the registration sheets are required, they may be obtained by submitting an LLC1 form together with the fee of £23.50.

The appointment booking arrangements apply for all personal searches from Monday 7 March 2011

Day booking appointment for a personal search and relevant CON29 information (if required)	Earliest day you can attend for your personal search
Before 11:30am on Monday	Thursday
Before 11:30am on Tuesday	Friday
Before 11:30am on Wednesday	Monday
Before 11:30am on Thursday	Tuesday
Before 11:30am on Friday	Wednesday

Appointments made after 11:30am will be treated as being received on the next working day. The above appointment arrangements may be subject to change due to demand or when a Bank Holiday occurs.

In all cases the local land charges section must be notified as soon as possible if an appointment cannot be kept. If an agent arrives late without prior notice, we reserve the right to cancel the appointment.

Public registers

CON 29R information held on public registers may be viewed during normal office hours, subject to staff availability from the relevant departments within Epping Forest District Council. Please contact the relevant department to make an appointment to view this information. No fee will be charged for access to this information.

EIR requests

Please note that the local land charge section do not undertake requests to view CON29 data under the Environmental Information Regulations. If you require this facility please direct your enquiry in writing to Mr J Nolan, EIR Co-ordinator, Environment and Street Scene Directorate, Civic Offices, High Street, Epping, Essex CM16 4BZ.

Highways information

Highway information for personal searches will only be available by making an appointment with Mouchel direct. For further information, please contact The Mouchel Group - Highway Records on 01245 247000.

Drainage information

With regard to drainage enquiries, please refer to Thames Water direct.

If you have any comments on the service provided by local land charges or require any further information please email contactllc@eppingforestdc.gov.uk