Land and premises

A Local Land Charge Search should be carried out when a property or piece of land is being sold, purchased, leased or valued to find out if there are any matters affecting the land.

Searches are usually carried out in two parts:

  1. The first part of the Search (LLC1) deals with all registrable charges, such as conditional planning consents, grants, tree preservation orders, planning agreements, and listed buildings and some enforcement issues. 
  2. The second part (CON29) deals with issues that are not registrable such as planning refusals and unconditional consents, road schemes, planning history and environmental matters.

The information given on a search relates only to the property or land identified on the search plan. We do not provide information regarding surrounding property or land.

Who can commission a local authority search?

Anyone may commission a Local Authority search by submitting the correct forms, together with the required fee by email or post.

Fees

Application type Cost (£) from 31 March 2017 (* includes VAT)
Official Search Fee (LLC1 + Con29R) 125.80*
LLC1 only 31.00
Con29R 94.80*
Con29O (per question) 12.00*
Additional Parcel of Land 13.20*
Written enquiries (solicitors own questions) 14.40*
Personal Search of the Register 0.00
Con29R Component Data Information Form

See Property Search Application Form [PDF 89KB ]
Easy Search Form [PDF 84KB]

Payment  can be made by debit card or credit card online

Submit a Search online

Complete our online Property Search Form.

Complete our online Component Data Form

Submit a paper Search

When requesting a full Local Land Charges Search you should include either forms LLC1 and CON29 (these forms are obtainable from Solicitors or Law Stationers). 

You must include an up to date plan showing the area to be searched in red. You should also include the relevant payment.

Government advice

How to buy a home
How to sell a home

Return of search

Our preferred method of returning search is by email, although we will return searches by post if you prefer.  If you would like to receive your searches by email, please include your email address on the application form.  Should you wish to receive a hard copy of your search result, please contact us.

Our searches are:

  • the only Official Certificate of Search available
  • processed by experienced staff, with local knowledge
  • returned quickly (For searches received in December, the average turnaround time was 2.61 working days. 100% of searches were returned within 10 working days. For the year 2019/20 (April – December) the average turnaround time is 4.18 working days. 99.79% of searches have been returned within 10 working days.)

Our Legal Section can provide details of all land and premises that the council owns. Also available are details of all acquisitions and disposals, together with leases, lettings, licenses (including grazing), easements and rights of way. The only exception being market lettings which are separately managed.

1. Can you tell me whether the land next to my house is Council owned?

Yes, provided the precise location of the land concerned can be accurately described or a plan provided for us to check.

2. What information do I need to give you before you can tell me whether the Council owns a particular property or area of land?

We need to know the boundaries of the land in question and if possible the full postal address. The boundaries are often difficult to describe precisely over the telephone without looking together at a detailed map. We should be able to tell from a telephone enquiry whether the District Council owns land nearby, but for a more precise answer, a map showing the exact boundaries of the land is required.  Appointments can be made for personal visits to discuss this issue, please contact us to arrange an appointment.

3. Can you tell me who owns a particular property or area of land?

Only if we are the owner. If the property is privately owned you can contact the Land Registry Online, the local Land Registry or phone 0844 892 1111  to obtain the relevant enquiry form.

Please note that the Land Registry will be unable to assist you if it turns out that the land concerned is not registered, in which case you may wish to make enquiries locally with neighbours. Alternatively, if the land is subject to development proposals the Planning Department may be able to provide information on recent planning applications received.

4. Is there a charge for this information?

Not at present. However, dependent upon the future demand for this service, the Council may consider introducing a charge to offset the administrative costs.

Please note that the District Council only provides internal Estates Management and Valuation service's for the land and property it owns.  These services are not available to the general public.

If you require Valuation services regarding a private transaction further information can be found via the Royal Institute of Chartered Surveyors.

We have the powers to investigate land drainage issues

Until April 2012 the District Council was the Local Land Drainage Authority for the Derbyshire Dales.  This role is defined in the Land Drainage Act 1991.  From April 2012 the Flood and Water Management Act 2010 transferred this role to Derbyshire County Council.  The County Council now has powers to require 'riparian owners' to remove blockages to any 'ordinary watercourse'.  If the riparian owner fails to remove the blockage then the County Council has powers to undertake the work itself and recharge the costs of the work to him or her.  In practice the use of these powers is usually not necessary, as problems are generally resolved by the owners following discussions with the County Council.  The District Council still has powers to investigate land drainage issues but cannot require anyone else to undertake works.

Land drainage

The Act also gives the District Council powers to undertake flood alleviation works on ordinary watercourses.  These are permissive powers and the District Council is able to decide whether or not to use them in relation to a particular problem.  Normally the use of these powers would only be considered where the benefits of a scheme outweigh its capital costs.

What is an Ordinary Watercourse?

An ordinary watercourse may be a river, stream, ditch, drain, cut or sewer (other than a public sewer or highway drain) or passage through which water flows that does not form part of a 'main river'.

What is a Riparian Owner?

If you have an ordinary watercourse or a main river running through your land you are likely to be the riparian owner.  If you have an ordinary watercourse or main river running along the boundary of your land you are likely to be the joint riparian owner together with the landowner on the other side.

What are the Responsibilities of a Riparian Owner?

All riparian owners have certain responsibilities in relation to an ordinary watercourse flowing through or adjacent to their land.  These include:

  • Responsibility to pass on the flow without obstruction, pollution or diversion affecting the rights of others;
  • Responsibility to maintain the watercourse and to clear any debris, even if it did not arise from their own land;
  • Responsibility for keeping the watercourse free from any matter that could cause an obstruction, either on their own land or by being washed away and causing an obstruction further downstream;

Works on any watercourse require land drainage consent from the Environment Agency and may require planning permission from the local planning authority.

What is a Main River?

The Environment Agency designates certain watercourses as main rivers and has powers to maintain and improve them.  In the Derbyshire Dales the main rivers are:

  • River Derwent
  • River Wye
  • Henmore Brook
  • Bar Brook
  • Bentley Brook (Tansley)
  • Bentley Brook (Ashbourne)
  • Hilton Brook
  • Foston Brook
  • Dale Brook/Stock Brook from The Dale near the B8521 junction above Stoney Middleton to the River Derwent
  • Bradwell Brook from the disused shaft upstream of Bradwell village to the River Noe at Brough
  • Unnamed tributary of the Bradwell Brook from Brookside to Bradwell Brook
  • Tideswell Brook from Manchester Road to the River Wye
  • Warney Brook from the weir off Lady Grove Road, Two Dales to the River Derwent

Surface Water Run-Off

If flooding is occurring as a result of run-off from one private property to another without a watercourse being involved this will normally be a civil matter between the parties involved.

Further Advice

The information above is intended to act as a guide only.  Further information can be obtained from the contacts below:

Enquires relating to main rivers should be addressed to the Environment Agency
Tel: 08708 506506
Email: enquiries@environment-agency.gov.uk

Enquires about public sewers should be addressed to Severn Trent Water Limited
Tel: 0800 783 4444
Email: customer.relations@severntrent.co.uk

Enquiries about highway drains should be addressed to Derbyshire County Council
Tel: 0845 605 8058
Email: call.centre@derbyshire.gov.uk