Are they mandatory?

Not specifically but The UK Finance Mortgage Lender’s Handbook does say that in addition to ‘usual and necessary searches’, the ‘boundary must be clearly defined.’ So, if there is any doubt, a highways search should be carried because it clearly shows where a property abuts a publicly maintainable highway and whether there is any intervening land between a property and the public highway.
 

When are they ordered? 

Most searches should be ordered as soon as you appoint your conveyancing solicitor. One of the first things they will do is ask you for some money on account in order to pay for a number of searches.

As a minimum they will order Land Registry and Local Searches, Water and Drainage Searches, an Environmental Search, a Flood Risk Report and any specifically required searches based on geography, such as Radon Gas, Mining or China Clay searches.

A Highways Search may be needed if your conveyancer sees something of concern on the Land Registry plan; they might suspect the existence of a ransom strip. Ordering this search as early as possible gives you certainty about access, or time to resolve any issues that may be highlighted.

For example, you might need to get defective title insurance or negotiate a right of way with the person who owns the land between your plot and the highway, and all of this can take time, so it makes sense to give yourself as much time as possible to do this.

Your solicitor is the professional so trust their recommendations, even if you think it’s crazy to do a flood search when you’re on the top of a hill, for example. For more information on any other searches, have a look at our other articles.

 What do they tell you? 

The response, including a plan, shows the approximate extent of the adopted highway and the answers to a series of questions your conveyancing professional is allowed to ask in their request.

The result will provide details around the property and will at least answer two common questions:

1) What is the approximate extent of the highways and adopted roads?

2) Which roads are maintained at public expense and which are not?

Depending on the type of search ordered, you will be able to see:

• Whether any part of the property is affected by road improvement, widening schemes or road closures
• Confirmation that there are no public footpaths on or over the property and no rights of way, whether pedestrian or vehicular
• Confirmation that no part of the property is subject to any actual or deemed dedication as highway land
• Details of any other improvements or developments which may affect, regulate or restrict the flow of traffic in and around the streets surrounding the property.

Are there different types?

Yes, depending on where your conveyancing professional orders the search from. They may request the information directly from the council themselves, asking the two basic questions (see above) or also request specific responses to other queries.

However, if your solicitor uses a search provider there is a range of searches they can choose from, which may include:

A basic highways search

Two questions are raised and the search result will depend on the information provided by the relevant Local Authority. They will be asked for:

1. A copy of the highway records showing which roads are maintained at public expense and which are not

2. A copy of the plan showing the extent of the highways and adopted roads in relation to the property and the plan submitted

A basic highways search with further enquiries

Further questions raised may be:

1. Can you confirm that the Property immediately abuts onto a publicly maintainable highway and there is no intervening land between the Property and the public highway (if there is, is it within the Property's ownership and what is its status?)

2. Are there any road improvements or widening schemes in the area or any road closure orders affecting roads around the property?

3. Can you confirm that there are no public footpaths on or over the property?

4. Is there any information available regarding any future improvements or developments which may affect traffic flow around the land in question?

A basic highways search with further enquiries and a professional opinion

This search asks the same questions as above but also includes a traffic light coded professional opinion based on the local authority responses in proximity to the property, so potential issues can be quickly identified.

All reports contain an element compiled by the relevant council using official highways data.

What do they cost? 

This depends on the type of search ordered, but will cost from £70 plus VAT upwards. When ordering direct from the council, you can pay for the search to be expedited but this will cost substantially more.

For example, Hampshire County Council charge £85 plus VAT for a 20-working day turnaround and £305 plus VAT for five days. 

How long do they last? 

When acting on a conveyance, your solicitor must follow The UK Finance Mortgage Lender’s Handbook, it says that searches must be no more than 6 months old on completion.

A lot can change in a short space of time with property so even if this wasn't the case, it’s important that the information you have about your new property is as up to date as possible. Your conveyancer will let you know if the search is coming close to expiry. 

If you are thinking of buying or selling your home, you may find some of these services useful: