Learning Outcomes
After reading this article, you will be able to explain the purpose and process of Local Land Charges Register searches in property transactions, identify the types of charges recorded, understand their legal effect on buyers, and apply the rules for interpreting search results. You will also be able to advise clients on the practical and legal implications of entries revealed by a search, including the impact of digitalisation and centralisation of the register.
SQE1 Syllabus
For SQE1, you are required to understand the role and significance of Local Land Charges Register searches in property transactions. Focus your revision on:
- The statutory basis and function of the Local Land Charges Register
- The types of charges and restrictions recorded
- The binding effect of registered charges on successors in title
- The process for conducting a Local Land Charges Register search (form LLC1)
- The legal consequences of search results and the importance of reporting to clients
- The relationship between Local Land Charges Register searches and other pre-contract searches
- The impact of digitalisation and HM Land Registry’s centralisation of the register
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.
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, and effect of 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)
- Listed building charges
- Conservation area designations
- Tree preservation orders
- Financial charges (e.g., improvement grants repayable on sale)
- Smoke control orders
- Light obstruction notices
- Enforcement notices (e.g., for planning or building regulation breaches)
- Compulsory purchase orders
Each entry is created by statute and is intended to protect public interests or secure compliance with legal obligations.
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.
Overriding Interests and Registered Land
Certain local land charges are also overriding interests under the Land Registration Act 2002. This means they can bind a registered proprietor even if not separately noted on the title register.
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.
The search reveals all entries affecting the property at the time of the search.
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.
- During the transition, some searches may still need to be made to local authorities.
Interpreting Search Results
The result of a Local Land Charges Register search is an official certificate listing all entries affecting the property.
- If no entries are revealed, there are no registered 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 or enjoyment of the property.
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.
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, and environmental matters)
- Water and drainage searches
- Environmental searches
- Chancel repair liability searches
Each search provides different information and together they ensure comprehensive due diligence.
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.
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.
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.
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.
- Searches are made using form LLC1 to the relevant authority.
- 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 for complete due diligence.
- All entries revealed by a search must be reported to the client with clear advice on their implications.
Key Terms and Concepts
- Local Land Charges Register
- Local Land Charges Act 1975
- Infrastructure Act 2015
- HM Land Registry
- Form LLC1
- Binding effect