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In the conveyancing process, the term 'enquiries' refers to a set of questions that the buyer's solicitor sends to the seller's solicitor. These enquiries are designed to learn more about the property being sold and any potential issues that might affect its value or the buyer's enjoyment of it.

Enquiries cover a wide range of issues, and are generally split into two categories.

  1. Pre-contract enquiries. These are specific questions about the property, its condition, its ownership, and any disputes or issues that might affect it. For example, the buyer's solicitor might ask whether there are any planning permissions or building regulation issues, whether there have been any disputes with neighbours, or whether there are any known defects.
  2. Searches. These are formal enquiries made to various authorities and organisations to find out more about the property. They typically include:
    • Local authority searches. These check the local council's records for planning decisions, building control history, and any local issues that could affect the property, such as road schemes or tree preservation orders.
    • Water and drainage search. This checks whether the property is connected to the mains water supply and sewage system.
    • Environmental search. This checks for issues such as contamination, flooding, or ground stability that could affect the property.
    • Chancel repair search. This identifies whether the property has a potential liability to contribute towards the cost of repairs to a nearby church.
    • Land Registry searches. These confirm the seller's ownership of the property and check for any mortgages, liens or other charges against it.

Ten common enquiries

While the exact questions vary depending on the property and the circumstances of the sale, there are several enquiries that are frequently asked during a UK conveyancing transaction. Here are ten of them:

  1. Title deeds and boundaries. Is the seller in possession of the title deeds, and can they confirm the property boundaries as per the Land Registry documents?
  2. Disputes and complaints. Have there been any disputes or complaints regarding the property, its boundaries, or with any neighbours?
  3. Planning permission and building control. Have there been any planning applications regarding the property? If so, was planning permission granted, and were building regulations complied with?
  4. Warranties and guarantees. Are there any warranties or guarantees for the property, especially for recent building work, and can these be transferred to the new owner?
  5. Utilities and services. Can the seller provide details about the utilities and services (such as gas, electricity and water supply) for the property?
  6. Fixtures and fittings. What fixtures and fittings are included in the sale, and is there a list available?
  7. Council tax and energy performance. What is the property's current council tax band, and is the Energy Performance Certificate available?
  8. Occupiers. Who currently occupies the property, and will it be vacant on completion?
  9. Insurance. Has the property ever been under-insured, or suffered from any damage such as subsidence, flooding or fire?
  10. Environmental risks. Are there any known environmental risks, such as radon gas, flood risk or land contamination?

The enquiries and searches are a crucial part of the conveyancing process because they ensure the buyer knows exactly what they're buying, with no unpleasant surprises after the purchase. The answers can influence the final decision to proceed, to renegotiate the price, or even to withdraw from the sale.