What is a Section 278 Agreement?

A Section 278 Agreement is a legal agreement between a developer and a highway authority to carry out highway works.

Pre-contract Searches: What Are They And Why Do They Matter?

A guide for buyers who want to understand what their conveyancer is checking before exchange.

Quick summary
Searches are a key part of the conveyancing process. They help identify legal, environmental and practical issues which may not be obvious when viewing a property, but which could affect value, mortgageability, insurance, future saleability or your day-to-day use of the property.

What are pre-contract searches?

Pre-contract searches are enquiries made of public bodies, utility providers and specialist data providers before contracts are exchanged. They do not replace a survey and they do not physically inspect the property. Their purpose is to reveal information which may affect your decision to proceed or the advice your conveyancer gives you.

The usual core searches

Local authority search: Checks matters such as planning permissions, building regulation entries, listed building status, conservation areas, tree preservation orders, road adoption and local land charges.
Drainage and water search: Confirms whether the property is connected to mains drainage and water, identifies the provider and helps establish whether any public sewers or water mains may affect the property.
Environmental search: Flags issues such as contaminated land, flood risk, ground stability and other environmental matters which may affect insurance, lending or future use.
Chancel repair search: Checks whether there is a potential historic liability to contribute to church repair costs. Where a risk is identified, indemnity insurance is often considered.

Additional searches may be needed

The right search pack depends on the property. In Devon and Cornwall, for example, mining and ground stability issues often require particular attention. Depending on location, your conveyancer may also recommend planning, flood, commons registration, highways, energy/infrastructure or other location-specific searches.

Searches are not a survey

A survey is usually arranged separately by the buyer and deals with the physical condition of the property. A search may reveal that the property is in a flood-risk area or that building regulation records exist; it will not tell you whether the roof is sound or whether the boiler is nearing the end of its useful life.

Should you always have searches?

If you have a mortgage, your lender will usually require searches. If you are a cash buyer you may be able to choose whether to proceed with all, some or none of them, but that is a risk decision. Declining searches may save money at the outset but can leave you exposed to issues which are expensive, difficult or impossible to resolve later.

What happens if a search reveals a problem?

Your conveyancer will consider the result, raise enquiries with the seller’s solicitor where appropriate, and advise whether further investigation, indemnity insurance, specialist advice, price negotiation or withdrawal should be considered. The key point is to find out before exchange, not afterwards.

How Wollens can help
We will recommend searches based on the property, the lender’s requirements and the legal risks shown by the papers, rather than taking a one-size-fits-all approach.