Land charges frequently asked questions

What is a Local Land Charge?

A prohibition or restriction of the land either to secure the payment of a sum of money or to limit the use of the land, the charge is binding on successive owners.

Visit the LLCI website for an explanation of the Local Land Charges Register, the Con29 Function and basic history.

What information can be found in a Local Land Charge Search?

A basic official Local Land Charges search is made up of two parts:

The first part is the certificate which sets out all of the entries listed in the Local Land Charges Register for that site. For example details of conditional planning approvals, Tree Preservation orders etc.

The second part responds to the Con 29 Enquiry Form which consists of a series of standard questions. For example building regulations approvals, public rights of way, outstanding notices, contaminated land etc..  

There is also a Form Con 29O Enquiry Form which contains 19 optional enquiries that can be requested relating to various topics. For example hedgerow notices, food safety notices and registered common land and town or village green for which an additional fee is payable.

Both the Con 29 Enquiry Form and the Con 29O Enquiry Form are set out by the Law Society.

Why do I need a search?

When buying your new home your solicitor or conveyancer would normally request a number of searches to let you know if there are any potential issues you need to be aware of.

A number of property searches are often requested depending on the site, and can include the following:-  Drainage and Water Searches; Coal Searches, Brine Searches, Land Registry Search for ownership, Environmental Searches including Flood risk, Chancel Searches and Official Local Land Charges Searches.   All of these can be obtained for you by Civicance.  

A Local Land Charges search will reveal among other items:- 

  • Some Legal Agreements
  • Tree Preservation Orders
  • Planning applications
  • Conservation areas
  • Listed buildings notices
  • Building regulations approvals
  • Some Environmental, Housing  notices

What’s the difference between Local Land Charges & Land Registry?

Land Registry is a government department created in 1862 and is a separate from Local Land Charges.

Land Registry register the ownership of land and property in England and Wales, once land or property is entered in the register they record any ownership changes, mortgages or leases that affect it. Land Registry is responsible for providing a reliable record of information about ownership of and interests affecting land and property; providing owners with a land title, guaranteed by the government and providing title plans that indicate general boundaries.

Local Land Charges maintains the statutory Local Land Charges Register and information relating to the Con 29 enquiry forms.

Who owns a plot of land or property?

Contact Land Registry to obtain details on land ownership. Tel: 0151 472 6666.

Records of land owned by Cheshire East Council are held by the Assets Section; Assets and Facilities please contact them on 0300 123 5500 or on property@cheshireeast.gov.uk.

Why has my solicitor not received my search results?

Check on our tracker system to see if your search has been received and/or complete if not please contact Civicance on 01270 686787.

Can you help if I have any questions about my search?

Yes, if Civicance has produced the search on behalf of the Council, but you should speak to your solicitor to ask for clarification on any concerns you may have first.

If the search has been produced by a personal search company, we are not able to assist. As any responses contained in their search reports are their interpretations on data viewed/obtained and as such we are not at liberty to confirm if this is correct or incorrect.

Who should I contact about details shown on the search?

For Agreements

Please contact the relevant originating department shown on the search for that entry to obtain copies of documents.

For copies of s106 and s52 Agreements pertaining to the Town and Country Planning Act 1990 please contact Legal Section via  bsuadmin@cheshireeast.gov.uk

For TPO Tree Preservation Orders

Tree Preservation Order prohibits the cutting down, lopping, uprooting, wilful damage or wilful destruction of designated protected trees, groups, woodlands unless written permission has been given by the LPA.

To obtain a copy of an order please email planning@cheshireeast.gov.uk. The e-mail must include ‘Request for a copy of a TPO’ in the subject line, details of the exact location/address of the trees or the title of the Tree Preservation Order if known and a contact telephone number in order that planning staff can contact you and arrange for payment.

For Listed Buildings

For more information is available on the Cheshire East Council Listed Buildings page.

When should I expect my search results back?

The average turnaround for Local Searches in 2017 was 3 days.