Local Land Charges
Land Charges at Fylde
Information about carrying out searches and what information we will provide.
Land Charges at Fylde
Information about carrying out searches and what information we will provide.
What is a local authority search?
A search is carried out by a solicitor on behalf of people buying land or property and forms part of the conveyancing process. The standard questions give the potential buyer details of any restrictions or legal obligation's, enforceable against successive owners by the local authority or other government departments.
The Search Process
A search is normally submitted in two parts; form LLC1 and form CON29. It is a statutory requirement that all district and metropolitan councils within England and Wales compile, maintain and regularly update their local land charges register.
Form LLC1 is an official request, submitted by a solicitor or licensed conveyancer or a member of the public to the appropriate council asking for a search of the local land charges register to be conducted. The council is under a statutory duty to comply with that request.
From the 1st August 2007, a new CON29 (2007 Edition) form was introduced. The form consists of (CON29R) Required and (CON29O) Optional. The CON29(O) form can now be submitted separately from the CON29R form. The CON29(O) form also includes the Commons Land and Town and Village Green question.
NLIS - An electronic search
Fylde Borough Council are now able to administer electronic searches through the National Land Information Service Hub (NLIS) and are currently at Level 3 which means that we can receive and return electronic searches.To find out more about this service visit www.nlis.org.uk.
If you wish to use this service, you will need to make arrangements with an NLIS Licensed Channel Provider for the submission of your searches. We suggest you contact the following NLIS Licensed Channel Provider for information on their services:
NLIS Searchflow: Telephone: 0870 7559940
e-mail: searchflow@searchflow.co.uk
website: www.searchflow.co.uk
GlobalX Information Services (GlobalX) contact NLIS for contact details http://www.nlis.org.uk.
Fees
The current fees from the 17th August 2010, details are set out below:
- The fee for a full search is £79 (Comprising of Con 29(R) £76 & LLC1 £3)
- Extra Parcel: CON29(R) £15
- CON29(O) Part II optional enquires £15 each.
- Solicitors’ own enquiries £20 each (Additional Enquiries)
- Personal Search - No Fee
- A Personal Search is an inspection of the Local Land Charges Register. It can be carried out by anyone. Please note that a Personal Search does not provide all the information given on a full CON29 form and the document is not signed on behalf Fylde Borough Council.
Online Form
From the 6th April 2009, LLC1, CON29(R) and CON29(O) documents can be requested online, this is Fylde’s own web page, unfortunately an online payment facility is not available, but card payments can be made through our One Stop Shop.
For a speedier response searches can be returned via email and by 1st class post.
Unfortunately at the current time this service is not available when requesting individual questions on the CON29(R).
Access and Charging Arrangements and Fees
Following the introduction of the Local Authority (Charges for Property Searches) Regulation's 2008 the CON29(R) form lists individual prices to each of the questions.
(See the download on the left of the page)
FREQUENTLY ASKED QUESTIONS
Available Information
Q What information is available?
A All the information needed to complete the CON29R and O enquiry forms
Q How do I access information and where is it available from?
A. The attached report shows where information is held the fee payable for the individual questions, part of questions or data sets.
To submit any enquiries from the CON29(R) please forward details of the questions you would like replying to with a cheque (made payable to Fylde Borough Council) for the correct amount to: Land Charges Department, Town Hall, Lytham St. Annes, Lancashire, FY8 1LW
The replies which require payment will not be available to collect when you complete the inspection of the Land Charges Register, they will be forwarded to you in a report between 5-10 working days after the request has been made. This will not affect any replies which are available to inspect without charge.
Access
Q Can I access actual files and documents or is the information provided in another format?
A Non statutory register information is available by way of a computer printed report, which will be forwarded via email or by post between 5-10 working days. This information is provided to you in the same format that the local land charge department accesses it. It is supplied in this format because we operate a computer system and in order to ensure equal access to base data.
Q Can I purchase information on a question by question basis or is it only available in larger data sets?
A The attached report shows where information is held, the fee payable for the individual questions, parts of questions or data sets.
Q Why is information not available to purchase on an individual part question by part question basis?
A The current functionality of our computer system does not allow interrogation on a part question by part question basis. We will look into the cost of system developments in order to provide this type of access if it becomes apparent that there is a need to do so. However any system costs incurred would be attributable to the access service only. It is possible that this could increase the costs of access in future years.
We welcome your feedback and comments on this issue, our contact details are given below.
Access Arrangements
Q Is the information only available during set times and is an appointment procedure in place?
A The Council operates the following guidelines and appointment system for personal searches:-
It is the responsibility of the person carrying out the Personal Search to identify the land/property and to make any note of information held on the Register.
For an appointment please contact Land Charges (01253) 658507. Unfortunately we are not able to accept appointments by fax, email or leaving a message on the councils voicemail machine.
Only four personal search companies can be accommodated into the office per day with an individual limit of six properties per visit.
If additional addresses (up to a limit of six) need to be added to a booked appointment then they need to be requested before 11am on the day before the appointment (excluding weekends).
All appointments for the next working day, subject to availability (excluding weekends) need to be booked before 11am the day before.
Location plans are essential for all land and properties with a house name. Preferably please could you email any location's plans to landcharges@fylde.gov.uk or by fax to: (01253) 713111.
From the 6th April 2009 appointment with the Planning Department need to be booked separately: Please contact: Elizabeth Redmayne (01253) 658427. Due to limited space in the One Stop Shop it is essential that you keep to the correct appointment time.
Opening hours - Monday to Friday between the hours of 9.30am to 4.00pm.
If you wish to cancel an appointment or any of the properties booked then please contact Land Charges as soon as possible.
Costs
Q How much does the information cost?
A The attached table shows where information is held, the fee payable for the individual questions, parts of questions or data sets.
Q Why is all the information not available free of charge?
A Not all the information needed to reply to the CON29 forms is contained in statutory registers available for inspection free of charge or in public documents. The “Charging Regulations” allow local authorities to recover the cost of providing access to the remaining information.
Q Does the cost per question vary and if so why?
A Yes - Access and maintenance charges differ as does the time involved in replying to the information.
Q Is an administration fee payable and what does it cover?
A No our administration costs have been included in our fees.
Q How did you set your fee?
A The fee is set in accordance with the Local Authorities (England) (Charges for Property Searches) Regulations 2008 and having had regard to the Local Authority property Search Services- Costing Guidance issued by Communities and Local Government in January 2009. The basis of the charge is recovering any relevant ‘reasonably incurred’ costs to the local authority in providing access to personal searchers and of the number of requests for access during the same year. Costs have been assessed for individual data elements to be able to calculate the total costs of providing access.
Q When will the fee next be revised?
A Search volumes and costs will be monitored throughout the year to enable us to calculate costs and fees for 2010/11.
If you have any further questions, would like to feed back any comments or suggestions or wish to make a complaint please write to:
Land Charges,
Fylde Borough Council,
Town Hall,
Lytham St. Annes,
Lancashire
FY8 1LW
(01253) 658507
landcharges@fylde.gov.uk
Other Information
Please note that drainage questions are no longer dealt with by the council. All drainage enquiries should be addressed directly to United Utilities, Map Services, Stephens Way, Goose Green Lane, Wigan WN3 6PJ.
If you require any further information, please contact us on 01253 658507 or by e-mail to nicolam@fylde.gov.uk or landcharges@fylde.gov.uk.
