Can I buy a house without property searches?

Property searches are one of the steps buyers most often ask about skipping, usually because they want to speed things up. The short answer is that searches are not a legal requirement in themselves, but in practice most buyers will need them, and most conveyancers will strongly recommend them.

What are conveyancing searches?

Searches are enquiries made of local authorities, water companies and other bodies to find out about matters that affect a property but are not obvious from a viewing or a survey. The usual core searches are:

• Local authority search – covering local land charges (such as tree preservation orders and conservation areas) and wider enquiries about planning history, building control, road adoption and proposed schemes;
• Drainage and water search – confirming whether the property is connected to the public sewer and mains water, and whether public sewers run within the boundary;
• Environmental search – reviewing risks such as contaminated land, flooding, ground stability and radon.

Depending on the location, your conveyancer may also recommend additional checks, such as mining or chancel searches. Our guide to specialist and location-based property searches explains these.

Local land charges are gradually being moved from individual councils onto a national register run by HM Land Registry. You can read about this in HM Land Registry's Local Land Charges Programme.

Can a cash buyer skip searches?

Yes. If you are buying without a mortgage, there is no legal rule forcing you to carry out searches. You can instruct your conveyancer not to order them, and they will usually ask you to confirm this in writing, acknowledging the risks.

The principle of "buyer beware" applies in England and Wales. The seller has to answer enquiries honestly, but it is largely up to you to find out about the property. If a problem would have shown up on a search that you chose not to do, you are unlikely to have any comeback.

Can you skip searches if you have a mortgage?

Almost never. Mortgage lenders require your conveyancer to carry out the searches needed to report that the property is good security for the loan. Your conveyancer usually acts for the lender as well as for you, so they cannot agree to drop the searches the lender requires.

In some situations, such as a delay at a council, lenders may accept search indemnity insurance instead of a particular search. This depends on the lender's own rules.

What is search indemnity insurance?

Search indemnity insurance is a one-off policy that covers certain losses if an adverse entry would have been revealed by a search that was not done. It can be useful when searches are slow or a quick completion is essential, but it has important limits:

• it usually covers financial loss in value caused by matters that would have been revealed, not the inconvenience of living with them;
• it generally cannot be taken out if you, your conveyancer or the lender already know about the issue, or if you have already contacted the council about it;
• it does not tell you anything. You lose the information that would help you decide whether to buy at all.

What could you miss without searches?

Examples of issues that searches commonly reveal include:

• a planned road scheme, railway or development nearby;
• building work or extensions without planning permission or building control sign-off;
• an unadopted road, meaning residents may have to pay for repairs;
• enforcement notices, or a property in a conservation area with restrictions on alterations;
• a public sewer under the garden, which may restrict building an extension;
• flood risk or contaminated land issues that affect insurance or resale.

Any of these could affect the value of the property, what you can do with it, or how easy it is to sell later. When you come to sell, your buyer's lender will almost certainly require searches, so problems can surface then instead.

Ways to speed things up without skipping searches

If time is your main concern, there are often better options than going without:

• ask your conveyancer to order searches as soon as you instruct them, rather than waiting for the draft contract;
• check whether a seller's recent search pack exists, although lenders and insurers may require searches to be reasonably fresh;
• ask whether a regulated personal search is available for a slow local authority, which some firms use to reduce delays;
• discuss with your conveyancer whether search indemnity insurance is acceptable for one specific delayed search.

Searches are a standard disbursement in a purchase. Our page on what conveyancing costs include explains how they appear on an itemised quote.

Searches in Scotland and Northern Ireland

In Scotland, sellers provide a Home Report and searches are dealt with differently through the property and personal registers. Northern Ireland also has its own system. This guide is about England and Wales.

Should you go ahead without searches?

For a mortgage buyer, the decision is usually made for you. For a cash buyer, it is a risk decision. If you know the area well and the property is straightforward, you may feel comfortable, but most conveyancers would still advise against it. Talk it through with your conveyancer, who can explain the specific risks for the property you are buying.

How we can help

A regulated conveyancer will advise on which searches your purchase needs. See our house purchase conveyancing page or ask for a free quote with search costs itemised.

This guide is general information about the law in England and Wales as at the date shown above. It is not legal advice. Every property is different, so ask your conveyancer about your own situation. More in Unusual property searches explained.