Q&As

What are the implications for a buyer of a local search result revealing a section 220 notice of the Highways Act 1980 as a land charge? To avoid this, should the buyer obtain a retention from the seller?

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Published on LexisPSL on 27/11/2018

The following Property Q&A provides comprehensive and up to date legal information covering:

  • What are the implications for a buyer of a local search result revealing a section 220 notice of the Highways Act 1980 as a land charge? To avoid this, should the buyer obtain a retention from the seller?
  • Local authority search
  • What is a notice under section 220 of the Highways Act 1980 and will a purchaser be bound by it?
  • What should I consider in a sale and purchase contract when acting for the buyer?

Local authority search

The local authority (LA) search is a search of the LAs records in respect of the property. It is made up of three forms: LLC1, CON29 and CON29O. Form LLC1 is a search of the local land charges register and contains a list of standard enquiries. The official search certificate, will reveal any entries on the register, including financial charges (eg for highway, drainage or sewerage works). The costs for such financial charges may be general (unquantified) or specific (quantified). The buyer’s solicitor must carefully review any search results, summarise them for its client to ensure that the buyer is fully informed and also confirm instructions as to how it wishes to proceed should potentially adverse results be revealed.

What is a notice under section 220 of the Highways Act 1980 and will a purchaser be bound by it?

Under section 219(1) of the Highways Act 1980 (HiA 1980):

‘…where—

(a) it is proposed to erect a building for which plans are required to be deposited with the local authority in accordance with building regulations, and

(b) the building will have a frontage on a private street in which the street works authority have power under the private street works code to require works to be executed or to execute works,

no work shall be done in or for the purpose of erecting the building unless the owner

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