Pre-contract searches and enquiries - Interpreting and reporting search results

Learning Outcomes

By the end of this article, you will be able to identify the main types of pre-contract searches and enquiries in property transactions, interpret the significance of common search results, and report findings clearly and accurately to clients. You will understand the legal principles governing searches, including caveat emptor and disclosure duties, and apply best practice in risk assessment and client communication for SQE1.

SQE1 Syllabus

For SQE1, you are required to understand the practical and legal aspects of interpreting and reporting pre-contract search results. In your revision, focus on:

  • The main types of pre-contract searches and enquiries in property transactions
  • The legal principles of caveat emptor and disclosure obligations
  • How to interpret the significance of search results (e.g., planning, environmental, drainage)
  • How to report search results and risks to clients in line with professional standards
  • The impact of search findings on the transaction and client decision-making

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.

  1. What is the principle of caveat emptor and how does it affect the interpretation of pre-contract search results?
  2. Name three common types of pre-contract searches and state one key risk each is designed to reveal.
  3. If a local search reveals a planning enforcement notice, what should you do when reporting to your client?
  4. What is the solicitor’s duty when reporting search results to a client under the SRA Code of Conduct?

Introduction

Pre-contract searches and enquiries are a core part of property transactions in England and Wales. They are designed to uncover legal, financial, and practical issues affecting the property. Correctly interpreting and reporting search results is essential for advising clients, managing risk, and ensuring compliance with professional obligations. This article explains the key legal principles, outlines the main search types, and provides practical guidance on interpreting and reporting results for SQE1.

Legal Principles: Caveat Emptor and Disclosure

The principle of caveat emptor ("let the buyer beware") means the buyer is responsible for investigating the property before committing to purchase. The seller’s duty to disclose is limited—generally, only latent defects in title must be disclosed, not physical defects or issues discoverable by reasonable enquiry.

Key Term: caveat emptor
The legal rule that the buyer is responsible for checking the property’s condition and risks before purchase. The seller’s duty to disclose is limited.

If a solicitor fails to investigate or report relevant issues revealed by searches, they may be liable in negligence. However, misleading or incomplete replies to enquiries by the seller can give rise to a claim for misrepresentation.

Main Types of Pre-Contract Searches and Their Interpretation

Local Land Charges Search (LLC1)

The LLC1 search reveals charges and restrictions registered against the property, such as planning consents, financial charges, tree preservation orders, or conservation area designations. These may affect the property’s use, value, or impose future liabilities.

Key Term: local land charges search (LLC1)
A search revealing statutory charges or restrictions registered against a property, including planning, financial, and environmental matters.

Enquiries of the Local Authority (CON29)

The CON29 search provides information about planning history, building control, road adoption, proposed developments, and enforcement notices. It is essential to check for planning permissions, breaches, or outstanding enforcement action.

Key Term: enquiries of the local authority (CON29)
Standard questions asked of the local authority to reveal planning, building, highways, and environmental issues affecting the property.

Water and Drainage Search

This search confirms whether the property is connected to mains water and public sewers, and whether any drains or sewers run within the property boundaries. Private drains may mean the owner is responsible for maintenance or future adoption costs.

Key Term: water and drainage search
A search confirming the property’s connection to public water supply and drainage, and revealing any private maintenance obligations.

Environmental Search

An environmental search assesses the risk of contaminated land, flooding, or other environmental hazards. If a property is found to be on or near contaminated land, the owner may be liable for costly remediation.

Key Term: environmental search
A search assessing risks of contamination, flooding, or other environmental hazards affecting the property.

Flood Search

A flood search identifies the risk of river, coastal, surface water, or groundwater flooding. High risk may affect insurance availability or premiums.

Key Term: flood search
A search revealing the likelihood of flooding from various sources, which may impact insurability and property value.

Additional Searches

Depending on location and property type, further searches may be required, such as mining, chancel repair liability, commons registration, or highways searches.

Interpreting Search Results

When reviewing search results, focus on:

  • Whether any entries present a risk to the client’s intended use or value of the property
  • Whether any financial liabilities (e.g., charges for road adoption or chancel repair) will pass to the buyer
  • Whether any planning or building control issues could lead to enforcement action or require remedial work
  • Whether any restrictions (e.g., conservation area, listed building) will limit alterations or development

If a search reveals an adverse entry, consider whether it can be resolved (e.g., by obtaining indemnity insurance, negotiating with the seller, or seeking further information).

Worked Example 1.1

A local search reveals a planning enforcement notice relating to an unauthorised extension built by the seller. What should you do?

Answer: Advise the client of the risk of enforcement action, request evidence of compliance or regularisation, and consider negotiating for the seller to resolve the issue or provide indemnity insurance before exchange.

Worked Example 1.2

A water and drainage search shows the property is not connected to a public sewer. What is the risk?

Answer: The buyer may be responsible for maintaining a private drainage system, which could involve significant cost. Advise the client and consider a specialist survey.

Reporting Search Results to Clients

Solicitors must report search results clearly, highlighting any risks or issues that could affect the client’s decision to proceed. The SRA Code of Conduct requires solicitors to provide information in a way the client can understand, enabling informed decisions.

Key Term: reporting duty
The professional obligation to communicate search results and risks to clients in clear, understandable terms.

When reporting, prioritise:

  • Significant risks or liabilities (e.g., enforcement notices, financial charges, contamination)
  • Restrictions on use or development (e.g., planning, conservation, listed status)
  • Any matters requiring urgent action or further investigation

Use plain language, explain technical terms, and provide practical recommendations (e.g., seek further information, negotiate with the seller, obtain insurance, or reconsider the purchase).

Exam Warning

If you fail to report a material issue revealed by a search, you may be liable in negligence. Always check that all search results have been reviewed and communicated to the client before exchange.

Revision Tip

When reviewing search results, create a checklist of key risks for each search type. Practice summarising findings in one or two sentences for client reports.

Summary

Correct interpretation and reporting of pre-contract search results is essential for effective client advice and risk management in property transactions. Focus on the legal principles of caveat emptor and limited disclosure, understand the purpose and risks associated with each main search type, and communicate findings clearly and promptly to clients.

Key Point Checklist

This article has covered the following key knowledge points:

  • The principle of caveat emptor places responsibility on the buyer to investigate property risks before purchase.
  • Main pre-contract searches include LLC1, CON29, water and drainage, environmental, and flood searches.
  • Interpreting search results involves identifying risks, liabilities, and restrictions affecting the property.
  • Solicitors must report search results and risks clearly to clients, enabling informed decisions.
  • Failure to report material issues may result in professional negligence.

Key Terms and Concepts

  • caveat emptor
  • local land charges search (LLC1)
  • enquiries of the local authority (CON29)
  • water and drainage search
  • environmental search
  • flood search
  • reporting duty
The answers, solutions, explanations, and written content provided on this page represent PastPaperHero's interpretation of academic material and potential responses to given questions. These are not guaranteed to be the only correct or definitive answers or explanations. Alternative valid responses, interpretations, or approaches may exist. If you believe any content is incorrect, outdated, or could be improved, please get in touch with us and we will review and make necessary amendments if we deem it appropriate. As per our terms and conditions, PastPaperHero shall not be held liable or responsible for any consequences arising. This includes, but is not limited to, incorrect answers in assignments, exams, or any form of testing administered by educational institutions or examination boards, as well as any misunderstandings or misapplications of concepts explained in our written content. Users are responsible for verifying that the methods, procedures, and explanations presented align with those taught in their respective educational settings and with current academic standards. While we strive to provide high-quality, accurate, and up-to-date content, PastPaperHero does not guarantee the completeness or accuracy of our written explanations, nor any specific outcomes in academic understanding or testing, whether formal or informal.
No resources available.

Job & Test Prep on a Budget

Compare PastPaperHero's subscription offering to the wider market

PastPaperHero
Monthly Plan
$10
Assessment Day
One-time Fee
$20-39
Barbri SQE
One-time Fee
$3,800-6,900
BPP SQE
One-time Fee
$5,400-8,200
College of Legal P...
One-time Fee
$2,300-9,100
Job Test Prep
One-time Fee
$90-350
Law Training Centr...
One-time Fee
$500-6,200
QLTS SQE
One-time Fee
$2,500-3,800
University of Law...
One-time Fee
$6,200-22,400

Note the above prices are approximate and based on prices listed on the respective websites as of May 2025. Prices may vary based on location, currency exchange rates, and other factors.

Get unlimited access to thousands of practice questions, flashcards, and detailed explanations. Save over 90% compared to one-time courses while maintaining the flexibility to learn at your own pace.

All-in-one Learning Platform

Everything you need to master your assessments and job tests in one place

  • Comprehensive Content

    Access thousands of fully explained questions and cases across multiple subjects

  • Visual Learning

    Understand complex concepts with intuitive diagrams and flowcharts

  • Focused Practice

    Prepare for assessments with targeted practice materials and expert guidance

  • Personalized Learning

    Track your progress and focus on areas where you need improvement

  • Affordable Access

    Get quality educational resources at a fraction of traditional costs

Tell Us What You Think

Help us improve our resources by sharing your experience

Pleased to share that I have successfully passed the SQE1 exam on 1st attempt. With SQE2 exempted, I’m now one step closer to getting enrolled as a Solicitor of England and Wales! Would like to thank my seniors, colleagues, mentors and friends for all the support during this grueling journey. This is one of the most difficult bar exams in the world to undertake, especially alongside a full time job! So happy to help out any aspirant who may be reading this message! I had prepared from the University of Law SQE Manuals and the AI powered MCQ bank from PastPaperHero.

Saptarshi Chatterjee

Saptarshi Chatterjee

Senior Associate at Trilegal