Land Charges Search

A full Local Land Charge Search known as an Official Certificate of Search comprises a LLC1 form plus CON29 Part 1 Enquiries form.

The search reveals the relevant history belonging to a parcel of land. This includes:

• Planning Applications (back to 1948)
• Agreements (if applicable)
• Article 4 Directions (if applicable)
• Tree Preservation Orders (if applicable)
• Enforcement Notices (if applicable)
• Building Control Applications (from 1st July 2002 onwards)
• Basic Highway replies (ie. is my property on an adopted road)
• Environmental Health information
• Public Rights of Way

When submitting a search, please specify precisely what is to be searched, for example a shop and flat. You are also required to submit a plan which identifies the search area clearly outlined in red with road names. The address on the forms and plan must match.

There are eighteen pre-set additional questions, which make up Part 2 of the CON29. These questions relate to information regarding footpaths, nearby road schemes, common land etc.

It is also possible to ask your own questions. These are known as Part 3 questions, which are in addition to Part 2.

Typical Part 3 questions that are asked often relate to planning enquiries on adjacent/nearby land or properties.

Each extra question incurs an additional fee.

The most popular request is for a full search which is the LLC1 and CON29 combined. To request an official search use our online form. 

You will need a site plan identifying the land your request relates to before you begin. 

The fees include VAT unless indicated otherwise.

There is no charge for Personal Searches and further questions can be asked after a search is completed by submitting the relevant forms, plans and the fee where required.

Component Data on the CON29 Form

A charge is levied for copies of documents as published in the councils fees and charges book.

You can also use NLIS to request your search using any of the three NLIS Channels.

• Search Flow (external link)
• Thames Water (external link)
• GlobalX (external link)

The NLIS website  provides further information regarding this service.

A personal search is a search of the Local Land Charges Register only. This includes all Planning Applications approved with conditions from 1st August 1977, and all registrations that are linked to the land in the Local Land Charges Register.

Information that is not provided as part of the Personal Search is available from the relevant departments:

• Further planning history – Applications prior to 1st August 1977 and any refusals – available from Planning Information by emailing planning.information@wealden.gov.uk
• Information on Local Plan designations – this can be viewed at the Council’s website or email planningpolicy@wealden.gov.uk
• Adoption of roads – available from East Sussex County Council Highways Section by emailing highwaysearches@eastsussex.gov.uk
• Building Control information – contact the Building Control Section by emailing building.control@wealden.gov.uk
• Environmental Health information – contact Environmental Health Section by emailing envhealth@rother.gov.uk

Fees may be payable for the above information.

Note: No Part 2 or additional questions can be answered on a personal search. The results of the personal search are not provided in writing and we respectfully remind personal searchers that it is their responsibility to interpret the Local Land Charges registrations and any further enquiries should not be addressed to staff in the Local Land Charges section.

To carry out a personal search please contact Land Charges on 01892 602221 to book an appointment slot.

Following your booking you will then need to email a plan to landcharges@wealden.gov.uk clearly showing the area to be searched. This plan is required in plenty of time prior to the appointment slot to enable the section to gather the relevant information.

From July 2016 new questions have been added to the CON29 form and details of how to locate the information to answer these questions can be found on the Information Schedule for Personal Search Companies with the exception of question 3.3a to c which are published on this page.

• Drainage Matters Question 3.3 a to c

This list will be regularly updated as new planning applications with SuDS are approved. Pre 2015 Applications have had some SUDS features incorporated into designs which already approved under prior legislation.

From 2015 onward the drainage design should be compliant with SUDS requirements.

Q. An enforcement notice has been revealed on my search – we’re not doing anything wrong, can it be removed?

A. No, an enforcement notice once served remains on the land unless it is quashed by a Planning Appeal Inspector or planning permission is granted for whatever the enforcement notice relates to.

Q. A Tree Preservation Order was revealed on my search – can I cut back the trees on my property?

A. Not without first gaining permission from the Council’s Arboriculturalist (permission may not be granted). Visit our Tree Preservation Order web pages for further information. 

Q. How can I obtain copies of the entries revealed in my search?

A. Not all copies of entries can be obtained from Wealden District Council, please contact with the Land Charges department by emailing landcharges@wealden.gov.uk or the Planning Information Officer by emailing Planning.Information@wealden.gov.uk

Q. My search says my property is a listed building, what does this mean?

A. This means that the property is of special architectural or historic interest. More information can be found on our listed buildings web page.

Q. My search has revealed a Planning Agreement such as a S52/S106, what does this mean?

A. A Planning Agreement is a legal document and the best way of understanding what it relates to is to obtain a copy.

You can get  a copy where available from our planning website by using  the planning application reference. You may need to seek your own legal advice to understand what the agreement means. 

Q. My search has revealed that the property is in a Conservation Area – what does that mean?

A. This means that there are more restrictions relating to the Conservation Area that you may have to abide by. More information can be found on our Conservation Areas web page.

Purchasing any property can be both a very exciting and stressful experience.

If you have followed good practice and your Solicitor has made all of the relevant search enquires, combined with a new home warranty,  Building Control Completion Certificate and all planning conditions have been implemented, the purchase of a new home should be relatively straight forward.

If purchasing a new home particularly on a large to medium site, you may need to consider the following:

• There will be open land allocated on larger scale development site for recreational and amenity use for the community as a whole. It is therefore worth checking/considering if there is such an area near to the dwelling you are purchasing to consider if you feel this as a positive or negative factor – the developer will be able to advise you on this. Any approved details can normally be found on the Council’s website under the relevant planning application number.
• All new housing schemes will be designed to ensure they do not flood or create problems for adjoining land owners. The approach taken to avoid flooding problems is to install what is known as “SUDS” (Sustainable Urban Drainage Systems). This will involve the installation of water ways (known as Swales) and retention ponds. In effect these measures will be incorporated into any new landscaping scheme for the development to provide a natural and longer term approach to flooding issues. The Planning Authority is keen to maintain a natural landscape approach to such open waterways and avoid unnecessary flooding where possible. If you do have concerns relating to ponds/streams in the proximity of a house you are looking to purchase you will need to make your own decision as to whether this is appropriate for your particular household.
• Due to the need to maintain SUDS/landscape areas/play areas and non adopted public areas, a management company will have been required to be put in place by the developer as part of the planning permission. It will entail homeowners entering into an agreement to pay service charges for the upkeep of such areas. This will be an ongoing charge which is for the benefit of everyone living within the new development . As the Planning Authority we cannot intervene. If issues do arise in the future it is an area which, if any disputes on issues of maintenance, quality of work and so on occur will be a civil matter between residents and the management company.
• Should the property abut or be located in the Ashdown Forest you must be aware this is a Special Area of Conservation included in the Register of European Sites on 14th June 2005 therefore, the Conservation (Natural Habitats etc.) Regulations 1994 (as amended) will apply should the property be located within or abut by 400 metres.
• This also applies to Sites of Special Scientific Interest notified under Section 23 of the National Parks and Access to the Countryside Act 1949  and a Special Protection Area for the Conservation of Wild Birds.