Specialised property searches in Scottish conveyancing

While standard searches remain the foundation of Scottish conveyancing , the landscape of additional searches is changing. Where essentials like legal reports and property enquiry certificates provide crucial information for every transaction, specialised property searches in Scotland’s property transactions are increasingly the realm of standard practice – and conveyancers today need to be proficient in the expanding types of specialised searches.

Community interest checks

One of the biggest changes to specialised searches is the increased need to check the Register of Community Interests in Land (RCIL) and Register of Applications by Community Bodies to Buy Land. In 2016, the Community Empowerment (Scotland) Act extended the Community Right to Buy across the entire country, to cover urban and rural properties alike and, in 2018, added the option for communities to register interest in purchasing abandoned, neglected or detrimental land as well.

These registers record community bodies’ interests in buying property or land, and when one on the register goes on the market, it activates that group’s right of first refusal. Adding to the precariousness of these registers, landowners aren’t always made aware when such interests are registered against their property. Purchasers naturally want to know local communities do not have their eyes on the property they intend to buy, so a check of both registers is now, in Scotland’s countryside and cities, a completion requirement.

Coal mining reports

Scotland’s deep-mining industry ended in 2002 when Longannet in Fife closed. But mining’s legacy continues to influence property transactions – after all, coal mining affected swathes of Scotland, so coal mining reports are important for properties in or near former mining areas.

These reports provide crucial details about mining activity and highlight any geological weaknesses or subsidence claims – information that could significantly affect a property’s value and insurability.

A coal mining report also provides information on:

• mine entries within 20 metres of a property’s boundaries
• gas emissions from coal mines
• other coal mining hazards reported in the area
• plans for future coal mining in the area

In particularly sensitive cases, enhanced ground stability reports offer additional expert interpretation on subsidence risks.

Environmental considerations

Once on the periphery of property transactions, environmental concerns are now very much forward into buyers’ minds. Environmental reports now offer sophisticated risk assessments based on a property’s history, highlighting contamination risks along with other environmental factors, like flooding, ground stability, radon levels and nearby energy or infrastructure projects.

Most environmental reports are designed to be practical and easy for the buyers to understand. They are marked with clear passed or referred status to highlight potential issues and also share valuable professional opinions and recommendations to guide both practitioners and clients.

Other specialised searches worth considering

Depending on a property’s location and characteristics, several other specialised searches might be warranted:

You can consult the Register of Sites of Special Scientific Interest (SSSI) when there could be protected plants, animals, habitats, or geological feature on a property – it reveals whether a property is affected and what specific restrictions apply.

If there is a question over rights of way, a specialised Scotways search can identify whether a property is affected by public access rights that might impact its use or value.

For properties with potential historical significance, checking listed building status through Pastmap provides information beyond what appears in standard property enquiry certificates and also covers scheduled monuments and other heritage designations.

The Forestry Commission has interactive mapping tools to aid investigations of the Commission’s schemes or dedication agreements, though interpreting the implications still requires professional judgement.

Recent legislation has introduced further requirements to confirm that status of parties involved in a property transaction. Depending on the nature of the transaction, searches in the Register of Overseas Entities or the register of Controlling Interests in Land may be required.

The expansion of specialised searches reflects the increasing complexity of property rights and regulations in Scotland. While this may seem to add layers to the conveyancing process, these searches ultimately protect all parties involved in transactions.

For conveyancers, the challenge lies in knowing which specialised searches are truly necessary for each transaction while avoiding unnecessary costs for clients. To achieve this, your firm needs to stay up to date with evolving requirements and exercise sound professional judgement based on each property’s unique circumstances. As the landscape continues to evolve, incorporating these specialised searches thoughtfully into practice helps ensure we deliver the comprehensive due diligence clients expect and deserve.