Learning Outcomes
This article outlines Local Land Charges Register searches in conveyancing practice, including:
- Legal purpose, statutory framework, and operation of the Local Land Charges Register (LLCR).
- Clear distinction between LLC1 local land charges searches and CON29/CON29O local authority enquiries.
- Main categories of entries and their real-world effects on use, development, and value.
- Binding effect of registered local land charges on successors in title as overriding interests in registered land.
- Step-by-step process for preparing and submitting an official LLC1 search to the correct body (local authority or HM Land Registry).
- How to read, interpret, and accurately report search results to clients and lenders in an exam-style scenario.
- Practical strategies for dealing with adverse or unexpected entries, including curing by discharge or compliance, contractual protections, and price adjustments.
- Consequences of HM Land Registry centralisation under the Infrastructure Act 2015 for search procedure, timing, and reliability.
- Nature and scope of liability and statutory compensation where official certificates are inaccurate or incomplete.
- Coordination of LLCR findings with other pre‑contract searches to produce a coherent risk assessment and advice.
- Common SQE1 traps, such as confusing LLC1 with Land Charges searches for unregistered land or overlooking overriding status.
SQE1 Syllabus
For SQE1, you are required to understand Local Land Charges Register searches in conveyancing due diligence, with a focus on the following syllabus points:
- The statutory basis and function of the Local Land Charges Register
- The distinction between Local Land Charges (LLC1) and local authority enquiries (CON29/CON29O)
- The types of charges and restrictions recorded, and how they arise
- The binding effect of registered charges on successors in title and their status as overriding interests
- The process for conducting an LLC1 search and obtaining an official certificate
- Interpreting search results; “cure” and removal, contractual undertakings, and practical solutions
- Liability and compensation for errors in official certificates of search
- Relationship between LLCR searches and other pre-contract searches
- Impact of digitalisation and HM Land Registry’s centralisation of the register, including transition issues
Test Your Knowledge
Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.
- What is the legal effect of a charge registered in the Local Land Charges Register on a buyer who has not seen the entry?
- Which statutory form is used to request a Local Land Charges Register search?
- Name three types of entries commonly found in the Local Land Charges Register.
- How does the Infrastructure Act 2015 affect the administration of the Local Land Charges Register?
Introduction
Local Land Charges Register searches are a core element of due diligence in property transactions. These searches reveal statutory charges, restrictions, and obligations that affect land and are binding on future owners. Understanding how to conduct and interpret Local Land Charges Register searches is essential for advising clients and ensuring compliance with the legal requirements of conveyancing. In registered land, local land charges typically have overriding status, so they bind a purchaser even if not noted on the title; this makes a properly targeted LLC1 search indispensable, alongside other pre‑contract searches.
The Local Land Charges Register: Statutory Basis and Purpose
The Local Land Charges Register is a statutory register maintained to record specific charges, restrictions, and obligations affecting land in England and Wales.
Key Term: Local Land Charges Register
A statutory register recording charges, restrictions, and obligations affecting land, maintained by local authorities or HM Land Registry.Key Term: Local Land Charges Act 1975
The main statute governing the creation, registration, search and official certificates for local land charges in England and Wales.Key Term: Infrastructure Act 2015
Legislation enabling HM Land Registry to assume responsibility for maintaining a single, digital Local Land Charges Register.Key Term: HM Land Registry
The government body responsible for registering land and property ownership and, following the Infrastructure Act 2015, for maintaining the central Local Land Charges Register.Key Term: Form LLC1
The prescribed form used to request an official search of the Local Land Charges Register for a specified property.
Types of Local Land Charges
The Local Land Charges Register records a wide range of statutory charges and restrictions, including:
- Planning charges (e.g., conditions attached to planning permissions and enforcement notices)
- Listed building charges
- Conservation area designations
- Tree preservation orders (TPOs)
- Financial charges (e.g., general or specific sums due to the authority, improvement grants repayable on sale, adult social care contributions pending sale)
- Smoke control orders
- Light obstruction notices
- Orders and notices under environmental legislation
- Compulsory purchase orders and related notices
Each entry is created by statute and is intended to protect public interests or secure compliance with legal obligations. Some entries restrict how land can be used or developed; others create financial liabilities that may need to be discharged on or before completion.
Key Term: Listed building charge
An entry reflecting the special statutory protection for a listed building; alterations affecting character require listed building consent and enforcement may be recorded as a local land charge.Key Term: Tree Preservation Order (TPO)
An order preventing the lopping, topping or felling of protected trees without consent; contraventions can lead to criminal liability.Key Term: Smoke control order
An order (commonly under Clean Air legislation) designating smoke control areas, restricting fuels and appliances that may be used to reduce smoke emissions.Key Term: Light obstruction notice
A notice recorded to prevent the acquisition of a right of light by prescription, simulating an obstruction for limitation purposes under the Rights of Light regime.
Legal Effect of Registration
A charge or restriction registered in the Local Land Charges Register is binding on all subsequent owners of the land, regardless of whether they had actual notice of the entry.
Key Term: Binding effect
Once a local land charge is registered, it attaches to the land and binds all future owners, even if they did not see the entry.
This means a buyer cannot avoid liability for a registered charge by claiming ignorance. Registration provides constructive notice to the world and, in the registered land system, local land charges are treated as overriding interests. In practice, they may not appear on the title register, so relying solely on the title is not sufficient; an LLC1 search is required.
Overriding Interests and Registered Land
Certain local land charges are overriding interests under the Land Registration Act 2002. Overriding interests bind a registered proprietor despite not being noted on the register. Local land charges fall into this category, reinforcing the need for an LLC1 search in every purchase. In addition, legal easements acquired other than by express grant and certain short leases can also override, but those are separate from local land charges and should be investigated through other enquiries and inspections.
The Search Process
A Local Land Charges Register search is usually conducted by submitting form LLC1 to the relevant authority.
- For properties in areas not yet migrated to HM Land Registry, the search is made to the local authority.
- For properties in areas where the register has been centralised, the search is made directly to HM Land Registry via the national service.
- If unsure, practitioners should check the HM Land Registry service to confirm whether a particular local authority’s LLCR data has migrated.
The search reveals all entries affecting the property at the time of the search and produces an official certificate summarising the entries.
Key Term: Official certificate of search
The official LLC1 result, digitally signed, confirming entries affecting the property at the search date; statutory compensation may be available for errors in official certificates.
Digitalisation and Centralisation
The Infrastructure Act 2015 introduced a programme to transfer responsibility for the Local Land Charges Register from local authorities to HM Land Registry. The aim is to create a single, digital register for England and Wales.
- Searches made through HM Land Registry are faster and more consistent, with online access to source documents.
- During the transition, some searches may still need to be made to local authorities; always verify the correct destination before applying.
- Centralisation eliminates variation between local authorities in format, turnaround, and fee structures and is improving nationwide data quality.
Interpreting Search Results
The result of a Local Land Charges Register search is an official certificate listing all entries affecting the property. The certificate usually includes a schedule or links to source information (planning decision notices, orders, or agreements).
- If no entries are revealed, there are no registered local land charges at the time of the search.
- If entries are revealed, each must be carefully considered to determine its effect on the buyer’s intended use, development plans, obligations, timing, and cost. For example:
- Planning charges: review whether conditions have been discharged; outstanding conditions may restrict use or require works.
- TPOs: factor into landscaping plans; consent is required before works.
- Listed building charges: confirm whether previous works had consent; plan for heritage constraints on alterations.
- Smoke control orders: advise on permitted appliances and fuels.
- Financial charges: identify sums payable; arrange discharge or price adjustment.
- Light obstruction notices: understand implications for rights of light and proposed extensions.
In practice, adverse entries may be resolved (“cured”) by undertaking to repay sums on completion, complying with terms, obtaining consents, or negotiating with the seller. Where entries indicate breaches (e.g., enforcement notices), the risks can be significant and may necessitate withdrawal or renegotiation.
Key Term: Form CON29
Standard enquiries of the local authority revealing non‑LLCR matters such as highway adoption, planning applications (including refusals), enforcement, traffic schemes, contaminated land notices, and proposals affecting the vicinity.Key Term: Form CON29O
Optional enquiries of the local authority, covering topics such as pipelines, pollution notices, enterprise zones, and common land/town or village green registration.
Reporting to Clients
It is essential to report all entries to the client and explain their practical and legal implications. Some entries may restrict development, require compliance with ongoing obligations, or expose the owner to financial liability. Clear advice should cover:
- The nature and source of each entry, whether a prohibition, consent requirement, or financial charge
- The steps needed to comply or cure (e.g., applications for consent, discharge of sums, remediation)
- Timing and cost implications for the project and any lender concerns
- Whether contractual protections or price adjustments are appropriate
- Residual risk if information is incomplete or further enquiries are needed (e.g., obtaining copies of planning consents or orders)
Where the buyer is borrowing, report entries to the lender as part of the title and searches report; lenders may require resolution before release of funds.
Relationship to Other Pre-Contract Searches
A Local Land Charges Register search should be carried out alongside other pre-contract searches and enquiries, such as:
- CON29 Enquiries of Local Authority (for planning, highways, proposed schemes, assets of community value, and contaminated land notices)
- CON29O optional enquiries (for common land/TVGs and specialist topics)
- Water and drainage searches
- Environmental searches
- Chancel repair liability searches
- Coal and other mining searches (location specific)
- Highways searches where verges/pavements or potential ransom strips exist
Each search provides different information and together they ensure comprehensive due diligence. LLCR entries often overlap with matters that will also be referenced in CON29 replies (for example, an Article 4 Direction), but the functions and liabilities differ, so both should be made.
Practical Examples
Worked Example 1.1
A buyer’s solicitor submits a form LLC1 to HM Land Registry for a property. The search result reveals a financial charge for an improvement grant and a tree preservation order.
Question: What should the solicitor do next?
Answer:
The solicitor must report both entries to the client. The financial charge may require repayment on sale, affecting the net proceeds. The tree preservation order restricts the removal or alteration of protected trees. The solicitor should advise the client on the implications and, if necessary, negotiate with the seller or seek further information from the local authority.
Worked Example 1.2
A developer plans to extend a house but a Local Land Charges Register search reveals a listed building charge and a conservation area designation.
Question: How do these entries affect the developer’s plans?
Answer:
The listed building charge means that alterations require listed building consent, and the conservation area designation imposes additional planning controls. The developer must obtain the necessary consents and may face restrictions on the proposed works.
Worked Example 1.3
An official LLC1 certificate discloses no entries. Shortly after completion, the local authority claims a historic financial charge was missed and seeks payment.
Question: What are the options for the buyer?
Answer:
Where an official certificate of search erroneously omits an entry, statutory compensation under the Local Land Charges Act 1975 may be available. The solicitor should verify the date and scope of the charge, confirm the certificate’s details, and consider a claim. If the buyer and lender relied on the official certificate, the buyer may not be liable for the missed entry; however, practical resolution may also involve negotiating with the authority while pursuing compensation.
Worked Example 1.4
The LLC1 search reveals a smoke control order and a light obstruction notice affecting the property. The buyer wants to install a wood‑burning stove and add a rear dormer.
Question: What advice should be given?
Answer:
In a smoke control area, only authorised fuels and compliant appliances may be used; a wood‑burning stove must meet permitted standards or it may be unlawful. A light obstruction notice indicates steps have been taken to prevent acquisition of rights of light; the buyer should obtain specialist rights of light advice before designing the dormer, and consider whether the notice affects any claim by neighbours or the buyer’s own future rights.
Worked Example 1.5
An LLC1 search shows a planning enforcement notice relating to an unauthorised conservatory.
Question: How should the buyer proceed?
Answer:
Confirm the nature of the breach and whether the notice remains outstanding. If still in force, options include requiring the seller to secure regularisation (e.g., retrospective permission or removal), negotiating a price reduction to reflect the risk/cost, or withdrawing. Contractual undertakings should be specific and backed by evidence of compliance or formal discharge before completion.
Limitations and Common Issues
Exam Warning
Local Land Charges Register searches only reveal registered entries. Some statutory or private obligations may not be recorded. Always advise clients that additional searches and enquiries are necessary for full due diligence. Do not confuse local land charges (LLC1) with the Land Charges Register searches used for unregistered title (e.g., K15/K16 searches); they serve different purposes and are made to different bodies.
Errors in unofficial or personal searches may not attract statutory compensation; reliance should be on official certificates wherever possible, and lenders often insist on official results.
Revision Tip
- Always check whether the property’s Local Land Charges Register is held by HM Land Registry or the local authority before submitting form LLC1.
- Remember the distinction: LLC1 reveals registered local land charges; CON29/CON29O reveal wider local authority information (highways adoption, proposals, contaminated land notices, assets of community value, etc.). Both are required.
- Where a financial charge is revealed, agree a clear undertaking for discharge on or before completion and evidence of removal from the register.
Key Point Checklist
This article has covered the following key knowledge points:
- The Local Land Charges Register records statutory charges, restrictions, and obligations affecting land.
- Entries are binding on all future owners, regardless of notice, and in registered land they have overriding status.
- Searches are made using form LLC1 to the relevant authority (local authority or HM Land Registry).
- Official certificates of search provide a definitive snapshot; statutory compensation for errors may be available.
- The Infrastructure Act 2015 is transferring responsibility for the register to HM Land Registry, creating a digital, centralised system.
- Local Land Charges Register searches must be combined with other pre-contract searches (CON29/CON29O, water/drainage, environmental, chancel, mining) for complete due diligence.
- Interpreting entries requires practical solutions: curing by discharge, compliance with orders, obtaining consent, or negotiating contractual undertakings/price adjustments.
- Do not confuse local land charges (LLC1) with Land Charges Register searches for unregistered title; they are distinct.
Key Terms and Concepts
- Local Land Charges Register
- Local Land Charges Act 1975
- Infrastructure Act 2015
- HM Land Registry
- Form LLC1
- Binding effect
- Official certificate of search
- Form CON29
- Form CON29O
- Listed building charge
- Tree Preservation Order (TPO)
- Smoke control order
- Light obstruction notice