What Are Pre-Completion Searches?

Once the necessary searches have been completed, you will receive an official copy of the Title Plan and Property Register. This allows you to proceed to completion within the allotted protection period.

These are different to pre-contract searches which are a part of the many enquiries when buying a house. They aim to highlight issues with the property and surrounding area. These include the Local Authority Search, Environmental Search, and Water and Drainage Search.

Read more about Conveyancing Searches

If you are buying a property with a mortgage, your mortgage lender will require a bankruptcy search. This is part of your mortgage application.

If you are purchasing the whole of a registered title, you will need an OS1 issued. Those buying part of a title, such as a new build plot, will need an OS2.

A person buying unregistered land will need a Land Charges Search conducted in lieu of an OS1 or OS2.

A Bankruptcy Search is also known as a K16. It ensures the buyer can still afford the property prior to completion day. It is usually a requirement made by mortgage lenders to check that the mortgagee is able to make their payments and minimise future risk. A K16 search does not replace the lender’s affordability checks. It is a final legal search used near completion to protect the lender’s position.

The search is conducted by the buyer’s conveyancer who will input the buyer’s full name in the Land Registry portal.

They will also look into any extra costs that you would be expected to pay post-completion such as ground rent and Stamp Duty Land Tax. Once carried out, your solicitor will issue an official search certificate, and the main transaction can complete.

If an issue is found before exchange, the buyer, lender and conveyancer will need to understand what it means before moving forward.

The seller’s solicitors may request a portion of the sale proceeds to be paid to the trustee if a bankruptcy notice is issued. This can impact your total search fees as your solicitor may have to conduct a specific check to see if you are still creditworthy.

Those looking to buy with a mortgage may receive a mortgage deed from their lender if the debts have been repaid.

A Land Charges Search, also known as a K15, is conducted when purchasing unregistered land. Those looking to apply for the first registration title documents will need to have a Land Charge Search conducted. The Land Charges Search helps reveal certain interests, restrictions or charges that may affect the land.

This can include entries such as mortgages, restrictive covenants or other registered land charges. In some cases, chancel repair liability may also be relevant. This is because homes located near a local parish church may be liable to contribute to Chancel repairs.

Once the land charge has been issued, the purchaser is legally bound to it.

An Official Search of Whole with Priority, known as an OS1, is used when buying the whole of a registered title. You can apply for a priority search if the registered estate has valuable consideration.

The search protects the buyer’s priority at HM Land Registry for a set period. During that priority period, other applications should not be registered ahead of the buyer’s application.

OS1 forms are issued for buyers looking to purchase the whole title and will have full legal ownership transferred on completion. It is also a search for buyers applying for a mortgage offer.

The Official Search of Part with Priority is also known as the OS2.

The OS2 form is similar to the OS1. However, it is a different search as it is for buyers who are looking to purchase part of the property’s title. It is not immediately available as the OS1 form, meaning that it will need to be ordered in advance.

OS2 forms are usually used for new build properties and those purchasing registered land. Registered land will have a unique title number which will be transferred over to the buyer when the transaction completes.

An Official Search of Whole or Part with Priority, also known as an OS3, is the search that is least used. It has a similar format to the OS1 and 2. However, the big difference is that the applicant does not receive priority.

Most pre-completion searches are done between the exchange of contracts and completion. However, the bankruptcy search should be done prior to when the contracts are due to be exchanged.

It’s important to remember that once you have exchanged contracts, the transaction is legally binding. This means you will be liable for financial penalties if you withdraw from the sale after this point. Check out our completion day checklist to learn more.

The Land Charges Search is valid for 3 weeks once issued and the OS1 and 2 are valid for 6 weeks once given. Pre-completion searches are only valid for a limited period of time. The forms will clearly state the priority period at the top, showing the issue and expiration dates.

Having these searches done at least 3 weeks before completion will ensure that all paperwork can be processed with plenty of time. Your pre-completion searches must be valid on the day of completion to ensure that no adverse entries have been made. 

Pre-completion searches are an essential part of buying a home. A regulated conveyancer will know which searches are needed, when to order them and how to deal with any issues that come back.

We can connect you with legal experts who will assist you throughout the conveyancing process, including pre-completion searches.

Fill in our conveyancing form and we’ll connect you with up to 5 licensed conveyancers or solicitors. All our conveyancing companies are regulated by either the SRA, CLC, LSS, LSNI, or CILEX.