THE LOCAL LAND CHARGES REGISTER AND CON29 FUNCTION
INCLUDING A BASIC HISTORY
LLC Register
History
Local Land Charges were created by the Land Charges Act of 1925
with Registers being maintained by both county and district
authorities. Local government reorganisation in the early 1970s
resulted in the closure of the County Registers. Following a Law
Commission report the Local Land Charges Act of 1975 and Rules of
1977 were passed and came into effect. These remain the main
regulations governing the Local Land Charges Register, maintenance,
access and the charging of fees for inspection.
A Local Land Charges Register is maintained by every local
authority in England and Wales (with the exception of County
Councils).
Purpose of the Register
To record details of all entries registered against properties
within the borough that fall within the definition of a local land
charge e.g. expressly made an LLC by statute or a charge which is a
restriction or prohibition on a parcel of land securing payment or
restricting use and is binding on successive owners. There are 12
different parts of the LLC Register covering a wide range for
areas, e.g. financial charges through planning, miscellaneous,
aviation, listed buildings and light obstructions notices
Purpose of a LLC Register Search (LLC1
Search)
To provide applicants with details of entries on the LLC
Register in respect of the property(s) being searched. An LLC1
search can be carried out in respect of 12 parts of the Register or
just single parts.
Enquiries of Local Authority (CON29R and O)
History
The CON29 form has been in use for in excess of 50 years and was
created to compliment the LLC Register search. The form contains a
standard set of enquires agreed by central government, the law
society and local authorities.
Purpose
The CON29 enquiry form serves to provide prospective purchasers
with information which relates to the property being searched and
in some cases the area in which the property is situated, it
provides information on items in existence as well as items that
are in the pipe line/being considered, and/or awaiting approval. It
is often these items that without the CON29 enquiry form would go
unnoticed and have a material effect on the future use, development
and enjoyment as well as financial burden of the property. Whilst
some of the enquiries seem to replicate areas of the LLC Register
this is not the case as the information revealed in response
relates to notices or procedures prior to LLC Registration.
The vast majority of the information used to respond to the
CON29 enquiries comes from within the local authority or from the
County Council (where applicable).
A CON29 enquiry form can be completed by either the local
authority or another, the LA completed CON29 is backed by the LAs
insurance and is commonly referred to as an official CON29.
Completion of the CON29 form by the LA is not a statutory function
but a contractual one upon payment of the required fee.
Function of the LLC Service. The LLC Section maintains the
statutory LLC Register, facilitates statutory official and personal
searches of the Register and completes the CON29 enquiry forms
submitted officially and in some cases facilitates access to CON29
information by PSCs.
Function of the Local Authority Search (LLC1 and
CON29)
A local authority search provided either by the local
authority or the equivalent search report provided by a private
search company forms part of the standard conveyancing process for
the purchase of land and/or property. The search results are used
to assist a prospective purchaser to decide on the desirability and
suitability of the property as well as informing of any enforceable
registrations in existence and future proposals under consideration
at the time the search was carried out.
