Joint Statement on the LLC Project from IPSA and HMLR
There seems to be a lot of confusion as to how Council and Regulated Personal Searches will work in HMLR digitised areas.
Further to a recent meeting with HMLR, I would like to advise as follows:
We are advised that post-migration Local Authorities will not be able to accept a request for an official search on Form LLC1 as an official search of the local land charges register will only be available through HMLR. It could be possible that Local Authorities will be able to purchase an official search of the LLC register from HMLR and bundle them with a CON29 but conversations between HMLR and Local Authorities shows that there is little appetite for this.
The day before a particular Authority migrates, they will have to clear all pending searches as they will not be able to provide a result for a full LLC1 and CON29 search and will not therefore be able to accept payments for the local land charges search.
However, we all have clients who, from time to time ask us to get a Council Search for them in their search pack. How will that be done in the future?
In one of three ways:
1. The conveyancer who has never used a PSC can order an official search of the local land charges register from HMLR. They can then contact the Council to get CON29 replies. The Conveyancer then has two separate documents to “contrast and compare”. That’s if they can get a Council CON29 at a reasonable cost in a reasonable timescale.
2. The conveyancer does use a PSC, but they need a Council Search for a particular case. In this case they order a pack from the PSC, stating that the LLC Search must be “official” or “Council” (the latter no longer being an option). Your client can order the an official search themselves from HMLR, or instruct you to pay, and charge them, the £15 to get their “official” search of the local land charges register
3. The lawyers lender absolutely insists that the WHOLE search must be “official”. You take the order for that pack, you log in to HMLR and order an official search of the local land charges register and submit a CON29 request to the Council.
1. Lawyer asks LA to do an HMLR official search of the local land charges register or do it themselves and orders a Council CON29
2. Lawyer asks you to do it but must have a HMLR official search of the local land charges register. You pay this and pass it on and produce the rest of the CON29 yourselves.
3. Lawyer uses you but must have an “official search and CON29”. You buy the £15 official search of the local land charges register from HMLR and ask the Council to do a CON29.
4. Lawyer asks you provide the whole search. You decide whether or not to pay £15 for an official search of the local land charges register from HMLR and continue to provide CON29 information as previously.