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A Bit About Searches & Surveys

When dealing with commercial properties it is advisable to carry out property searches and surveys along similar lines to when you buy a new house.  Here we outline the main types and why they are important.  

There might be occasions when it isn’t necessary to carry out searches at all, other occasions when rudimentary searches are appropriate and other cases where it would be advisable for you to carry out a full and detailed set of searches.

Similarly, there are occasions when it is highly advisable to have a surveyor do a survey of premises you are looking at buying or leasing.

This guide sets out the main types of searches and surveys to enable you to understand what these are and make an informed decision on whether you require them.

Part One : Main Types of Searches

Local Authority Searches

This is a report by the Local Authority dealing with a whole mass of information relating to matters affecting the property and the surrounding area.

Among other things, the Local Authority search covers the following:

• Planning control history

• Building control history

• Nearby road schemes and motorways

• Contaminated land

• Whether the area is affected by radon gas

• Listed building status

• Conservation areas

• Tree protection orders

• Improvement or renovation grants

• Smoke control zones

• Future developments

There are a number of optional extras that can be added to the standard Local Authority search (this is called Con29(O)) and this covers the following matters:

• Road proposals by private bodies

• Public paths or byways

• Advertisements

• Completion notices

• Parks and countryside

• Pipelines

• Houses in multiple occupation

• Noise abatement orders

• Urban development areas

• Enterprise zones

• Inner urban improvement areas

• Simplified planning zones

• Land maintenance notices

• Mineral consultation areas

• Hazardous substance consents

• Environmental and pollution notices

• Food safety notices

• Hedgerow notices

• Common land, town and village greens

Local Authority searches generally take a week or two to arrive after they have been ordered. Each Local Authority charges their own fee and these vary quite considerably from council to council. Typically, Local Authority Searches can cost anything from less than £100 to about £250 or more.

Land Registry Searches

This amounts to obtaining a copy of the entry on the national land register of a particular property.

The Land Registry entry should be carefully examined in every single property transaction (whether leasehold or freehold). The entries for a particular property will include a plan and description of the property along with details of the registered title to the property. This will include the following matters:

• The registered owner of the property and details of when it last changed hands

• Details of restrictions on rights to deal with the property

• Any restrictive covenants

• Whether there is a mortgage registered on the property and/or other types of registered security

• Things such as rights of way and other rights and restrictions that could affect the property

Land Registry searches are quick and easy to obtain and normally cost about £10 or so.

Water and Drainage Search

This is a report made by the local water company. The search provides information regarding water and sewerage services for a particular property and details of whether there is drainage for surface water (surface water is effectively rain). There is also information on whether the condition of the public sewers servicing the property present a risk of flooding. There is also information about whether the water to the property is metered and whether there is any issue with water pressure and various other matters that could be relevant to a business that is dependent on uninterrupted water supply.

Mining Searches

The most common types of mining searches are coal and brine and tin in Cornwall. These searches show whether there have been mining activities in the vicinity of a property. The search reports give details of the likelihood of ground disturbances and subsidence as a result of past or current mining activity.

Utility Searches

Utility Searches Provide Information Relevant to the Property relating to the supply of gas, electricity and telecommunication services. These reports tell you whether the property is connected to a mains supply and about pipes and cables etc.

The price of these searches varies.

Environmental Searches

This search reports on whether past use of a property or land nearby could have led to land contamination. An example might be where there has been some kind of past industrial use of a property where the land could potentially be contaminated with dangerous chemicals.

These searches are quite quick to obtain, they normally come back within about two days of them being ordered. Prices do vary but are roughly in the £35-£50 band.

You should note that the environmental search report does not actually say whether the property is or is not contaminated. It reports on risk and an inspection in person by an environmental surveyor would be required to confirm for certain.

Chancel Repair Search

Chancel Repair Liability is an anachronistic right whereby some Parish Churches are able, for historical reasons, to charge local occupiers for repairs to the Parish Church. This is a very controversial right and has been the subject in recent years of several high profile court cases. It all comes from where, in the dim and distant past, land that had previously belonged to the Parish Church was sold off and the obligation to pay for repairs to the Parish Church was inherited by the new owners.

A Chancel Repair Search tells you whether a property is in an area which could give right to a Chancel Repair Liability. Where there is a potential liability, this can easily be militated by taking out an insurance policy.

Both the Chancel Repair Search and any insurance policy are relatively low cost. The search should be considered for any property buyer that is relatively close to any Parish Church.

Part Two : Surveys

Building Condition Survey

This should always be considered when taking on new premises whether you are taking the freehold or leasehold. In both cases, to some extent you will be liable for the cost of repairs to the building or at least a part of the building. The current condition of the property is therefore very relevant.

A Building Condition Survey would be where a Chartered Surveyor inspects the property and reports to you on its condition and any particular concerns and the need for future repairs.

In some cases it might be appropriate for your surveyor to produce what is called a “Schedule of Condition”. A Schedule of Condition is a fully itemised schedule of the condition of each part of the building or property and would highlight all items of disrepair or whether future repairs might be necessary.

Valuation Survey

This is where your surveyor assess the value of a property. It could either be the price of the freehold or the rental value. You should consider having this done if you have doubts about whether you are paying a market rate.

Electrical, Heating and Gas Surveys

These are reports on the condition of the electrical, heating or gas systems within the property. As a bare minimum you should obtain a Gas Safety Certificate where there is a gas supply to any property. You should also consider whether you require an Electrical Safety Certificate prior to taking on any new premises. There are also surveys you can have done to report on the heating system and whether it is fit for its purpose.

Drainage Inspection

This is where you have a full inspection of the drainage system to make sure that it’s fit for purpose and to ensure that it is in a proper state or repair and is not likely to need expensive repairs in the near future.

Simon Newman - January 2017

For more information about this article or anything else you would like advice on please contact us free on 0800 1777 522.

Case Study : Bus company on Fourth Public Inquiry
Public Inquiries in Northern Ireland

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Latest Transport Law

Transport Law

Anyone seeking to operate heavy goods vehicles (HGVs) or passenger service vehicles (PSVs) must approach the Operator’s Licence (O Licence) application process with precision and care—especially where there is a history of regulatory issues. This is particularly important in cases involving previously surrendered or revoked licences.

We were recently instructed by a company whose previous O Licence had been revoked within the past year. The company had entered financial difficulty and was placed into administration. They notified the Office of the Traffic Commissioner (OTC), but unfortunately failed to respond adequately to follow-up inquiries. When the OTC requested further information, the company did not reply. Although they attempted to surrender the licence voluntarily, the Traffic Commissioner (TC) ultimately revoked it.

A new application was submitted by a newly formed company with the same directors. This triggered a public inquiry before the TC—a crucial opportunity to demonstrate two key points:

• That the company would be fully compliant with O Licence requirements

• That the directors retained the necessary repute, despite the circumstances surrounding the administration

We worked closely with the company’s transport manager and directors to prepare a comprehensive submission, which was sent in advance of the hearing (typically required at least two weeks prior). With experienced staff now in place, the compliance issues were straightforward to address. The more challenging aspect was persuading the TC that the directors’ conduct did not warrant refusal of the licence.

TCs scrutinise applications rigorously to uphold the principle of fair competition. In this case, our detailed submission addressed all potential concerns. At the hearing, the director and transport manager provided clear and credible first-person evidence, reinforcing the points made in our written materials. We argued that this operator could be trusted and would conform to O Licence compliance and fair competition.

The licence was granted with immediate effect.

Transport Law
Applying for an Operator’s Licence (O Licence) is more than just completing a form—it's a demonstration of trustworthiness. The Traffic Commissioner (TC) will only grant a licence if satisfied that the applicant can be relied upon to comply with the responsibilities that come with it. That trust starts with the application.

The Application Form – A Critical First Impression

For new applicants, the first and most important step is completing the application form correctly. Done properly, a licence can often be granted within the target timeframe of six weeks or less. Done incorrectly, and the process can stall or even result in a proposed refusal and a call to attend a public inquiry (PI).

One of our clients experienced exactly that.

The Issue: An Honest Mistake with Serious Consequences

Our client had submitted an application which, on its face, appeared to be incomplete. Specifically, it failed to declare a historic association with a previous O Licence application. While the omission was a genuine mistake, it raised a red flag for the TC.

The Office of the Traffic Commissioner (OTC) treated the matter seriously. The failure to declare past associations can suggest negligence—or worse—and it called into question the applicant’s reliability.

Our Approach: Full Disclosure and Positive Evidence

We assisted our client in preparing a comprehensive written submission to the TC's office in advance of the hearing. This included:

  • A clear explanation of how the error occurred.

  • Evidence showing that there was no intent to mislead.

  • Detailed information about the client’s proposed compliance systems.

  • Supporting documentation showing that the error had brought no advantage—only the disadvantage of triggering a PI.

The Outcome: Licence Granted with Conditions

At the public inquiry, the client gave open and honest answers about the error and demonstrated an up-to-date understanding of the maintenance and compliance obligations expected of O Licence holders.

The TC was ultimately satisfied that the application had been made in good faith. The licence was granted, with a condition that the operator complete an independent systems audit within six months and submit the findings to the OTC.

Key Takeaway: Accuracy is Essential

This case serves as a clear reminder of the importance of getting the application right first time. Even minor errors can result in delays, additional scrutiny, and the stress and cost of a public inquiry.

If you're applying for an O Licence, it pays to seek professional guidance from the start. Our team can help you navigate the process, ensure your paperwork is accurate and complete, and give you the best chance of a smooth application.
Transport Law
Being called to a Public Inquiry is a serious matter for any operator. But facing two inquiries within a year can put an operator’s very survival at risk. In this case, our client—a licensed operator—found themselves before the Traffic Commissioner for the second time in under twelve months. The issue? Failure to follow through on a straightforward undertaking given at the first hearing.

The First Public Inquiry

The operator initially faced a Public Inquiry due to several maintenance failings, along with wider compliance concerns. On paper, the case looked serious. However, the company was committed to improvement and had started taking corrective action even before the hearing date was set.

We were instructed in good time and provided detailed advice not just on the maintenance issues raised, but also on other areas of compliance that had not been fully appreciated by the operator. The company took on board our recommendations and made a robust response to the DVSA’s findings. At the inquiry, the Traffic Commissioner acknowledged the positive steps taken, and the outcome was a formal warning—no more.

The Missed Undertaking

One of the undertakings given at the first hearing was for the operator to arrange an independent systems audit within six months. This was a clear and reasonable requirement. Unfortunately, the audit was not carried out within the required timeframe, and no communication was made with the Traffic Commissioner’s office.

When the TC’s office followed up, the operator explained that the failure had been an honest oversight. An audit was booked immediately, but by then it was too late to avoid the consequences. A second Public Inquiry was called—this time with the O Licence at serious risk.

The Second Hearing

We were instructed once again. The operator accepted our further advice and offered several new undertakings to address the situation. As before, the company’s director and transport manager presented well at the hearing.

In our legal submissions, we emphasised that this was a compliant and responsible operator that had learned from past mistakes and was not a threat to road safety or fair competition. We acknowledged the seriousness of the repeat appearance but highlighted the progress made and the company’s genuine efforts to get things right.

The Outcome

Despite being unimpressed by the need for a second hearing, the Traffic Commissioner accepted that the business had taken appropriate action and showed genuine intent to comply. While revocation was considered, the TC decided—just—to stop short of it.

The result was a short, two-week curtailment of vehicle authority. Given the circumstances, this was a remarkable outcome.

Our client recognised how close they had come to losing their licence altogether and expressed their sincere thanks for our guidance and representation throughout both proceedings.