When buying commercial property either land for development or a building a visual inspection of the premises will not always show any underlying problems which may affect it.  Searches are therefore always recommended to be taken out at the start of the transaction. In some cases if you are applying for a mortgage to buy the property it will be a condition of the offer that searches are taken out.

In most cases the searches ordered are very similar to ones used to buy residential property; Local Authority search, which will reveal the planning history of the property as well as any charges which the Local Authority may hold over the property; Water and Drainage, this search shows if the property is connected to mains drainage and water supply; the Environmental search will reveal if the land is contaminated or is at risk of flooding and a Chancel search, which shows if the property is likely to contribute to the upkeep of part of church.

If the property is land to be used for development it is usually recommended that a footpath/bridleway search is carried out as well as a commons registration search. These searches will reveal if there is a public footpath or bridleway which may cross the land. If there is then the land cannot be developed over it and permission from the Local Authority will be required to divert it. The Commons Registration search will reveal if the property is subject to: grazing rights; recreation rights; and/or rights of way. If so your use and/or future development of the property may be severely hindered or not permitted at all.

Finally the location of the property may also determine if additional searches are required. If the property is in Telford and Wrekin area then a mining and a limestone search are recommended or a brine search if the property is situated in Cheshire or Manchester. These searches will reveal if the property is affected by any subsidence as a result of any underground activity.

The searches required will vary from property to property, so if you would like further information or advice please do not hesitate to contact us.  Ellen Tranter, Trainee Solicitor