Schedules 8 - 11

1. A search report complying with this Schedule must contain the following information-

• (a) the address of the premises in respect of which the search is conducted;
• (b) a statement of whether the following persons have, or are likely to have, any personal or business relationship with any person involved in the sale of the property-
  • (i) a person who conducted the search; and
  • (ii) a person who prepared the search report;
• (c) subject to Schedules 9 and 10, such enquiries as formed the basis of the search and the information sought;
• (d) subject to paragraph 3 of this Schedule, the results of the search;
• (e) the date the search was completed;
• (f) a description of the records searched, and who they are held by;
• (g) if the records searched are derived from other records, a description of those other records and whom those other records are held by;
• (h) a description of how relevant documents can be obtained (if they are not included in the home information pack);
• (i) the names and addresses of the parties to the arrangements-
  • (i) under which the search was conducted; and
  • (ii) if different, under which the search report was prepared;
• (j) the name of the persons liable in each of the following events-
  • (i) any negligent or incorrect entry in the records searched;
  • (ii) any negligent or incorrect interpretation of the records searched; and
  • (iii) any negligent or incorrect recording of that interpretation in the search report;
• (k) a description of such complaints or redress procedures as exist in relation to the report; and
• (l) the terms on which the report is made, including-
  • (i) the terms described in paragraphs 4, 5 and 6 of this Schedule; and
  • (ii) the names of the persons who are liable to make the payments described in paragraph 6(b) and 6(c) of this Schedule.

2. A search report complying with this Schedule may contain or be accompanied by documents containing all or any of the following information-

• (a) information which identifies the search or the search report;
• (b) information which explains the results of the search, the search report or the enquiries or matters to which the results of the search relate; and
• (c) information which identifies services or features local to the property, but not including any advertising or marketing information about them.

3. The results of the search included in a search report under paragraph 1(d) of this Schedule must not fail to answer such enquiries as formed the basis of the search, nor fail to give the information originally sought, unless-

• (a) a record from which the answer or result could be deduced is not held by or obtainable under any circumstances from-
  • (i) a local authority in the case of a search report required by regulation 8(m)(ii) or 8(n), or authorised by regulation 9(k)(i); or
  • (ii) any person in the case of any other search report, and
• (b) a statement is also included in the search report indicating-
  • (i) that a particular result is not included; and
  • (ii) the reason under sub-paragraph (a) for failing to include the result.

4. Any person may prepare a report required by regulation 8(m)(ii), 8(n) or 8(o), but must do so on the following terms without exclusion or limitation-

• (a) that the search report will be prepared with reasonable care and skill; and
• (b) that a responsible person may copy or issue a copy of the report for the purposes of complying with any of the following provisions-
  • (i) regulations 5, 6, 8(m)(ii), 8(n), 8(o) and 21; and
  • (ii) section 156(1), (2) and (11) of the 2004 Act.

5. The person preparing a search report required by regulation 8(m)(ii), 8(n) or 8(o) must do so on terms enabling the provisions of the contract under which the report is prepared-

• (a) to be enforced in relation to the terms mentioned in paragraph 4 of this Schedule, by-
  • (i) the seller;
  • (ii) a potential or actual buyer of the property interest; and
  • (iii) a mortgage lender in respect of the property interest; and
• (b) to be enforced by such persons in their own right, whether or not they are a party to such a contract.

6. The person preparing the search reports required by regulation 8(n) or 8(o) must do so on terms ensuring that-

• (a) any liability of any type arising under paragraph 5 of this Schedule is the subject of a contract of insurance against such risk effected by, and to be carried out by persons so authorised for the purposes of the Financial Services and Markets Act 2000;
• (b) any liability for financial loss arising under paragraph 5 of this Schedule will be met by financial compensation to be paid by a person (other than the persons described in paragraph 5(a)(i) to (iii) of this Schedule) who is-
  • (i) a party to the contract of insurance; or
  • (ii) another person involved in the sale of the property; and
• (c) such financial compensation is paid by a person mentioned in sub-paragraph (a), if any person mentioned in sub-paragraph
• (b) fails to pay it (or no longer exists and has no successor).

7. The amount of the financial compensation referred to in paragraph 6(b) of this Schedule may be limited to the amount the potential or actual buyer reasonably believed to be the value of the property interest-

• (a) at the time the search report was completed; and
• (b) as used for residential purposes.

8. A person may prepare the search reports required by regulation 8(m)(ii), 8(n) or 8(o) on any of the following terms-

• (a) terms additional to those described in paragraphs 4, 5 and 6 of this Schedule (without excluding or limiting them); and
• (b) terms more favourable to-
  • (i) the seller;
  • (ii) a potential or actual buyer of the property interest; or
  • (iii) a mortgage lender in respect of the property interest,
  • than those described in paragraphs 4, 5 and 6 of this Schedule.

9. Any search report which contains terms less favourable to-

• (a) the seller;
• (b) a potential or actual buyer of the property interest; or
• (c) a mortgage lender in respect of the property interest,

than those required by this Part of this Schedule does not comply with the requirements of this Schedule.

10. Paragraph 4 of this Schedule applies to pack documents which contain the enquiries required (or enquiries to like effect) to be contained in a search report which would be included under regulation 8(m)(ii), 8(n) or 8(o), regardless of whether one or more of the following has occurred-

• (a) they are included under regulation 9(k), Schedule 11 or another provision of these Regulations; or
• (b) they are described as a local land charges search, local enquiries or drainage and water enquiries, or given similar descriptions.

11. The search reports authorised by regulation 9(k) and 9(l) may be made on any terms, which, in particular, may include the terms described in Parts 1 and 2 of this Schedule.

1. -(1) In this Schedule-

• "adoption" and related expressions mean an agreement made under section 38 of the Highways Act 1980[30];
• "bond" means an indemnity or guarantee which is sought by a local authority as to the financial security of a developer of land;
• "bond waiver" means an agreement that a local authority will not seek a bond from a developer of land;
• "breach of condition notice" means a notice served under section 187A of the Town and Country Planning Act 1990[31];
• "building preservation notice" means a notice served under section 3 of the Planning (Listed Buildings and Conservation Areas) Act 1990[32];
• "building regulations approvals" means-
  • (a) plans passed under section 16 of the Building Act 1984[33]; or
  • (b) a certificate given under regulation 21(6) of the Building Regulations 2000[34] (regularisation certificates);
• "building regulations completion certificate" means a certificate given under regulation 17(1) of the Building Regulations 2000[35];
• "building regulations" has the same meaning as in section 122 of the Building Act 1984;
• "certificate of lawfulness of existing use or development" means a certificate issued under section 191(4) of the Town and Country Planning Act 1990[36];
• "certificate of lawfulness of proposed use or development" means a certificate issued under section 191(2) of the Town and Country Planning Act 1990[37];
• "compulsory purchase order with a direction for minimum compensation" means an order confirmed or made under section 50(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990[38];
• "conservation area" means either or both of the following-
  • (a) an area designated under section 69 of the Planning (Listed Buildings and Conservation Areas) Act 1990; or
  • (b) an area so designated before 31st August 1974 by other means;
• "contaminated land notice" means a notice given under section 78B(3) of the Environmental Protection Act 1990[39];
• "cycle track" means a way constituting or comprised in a highway, being a way over which the public have the following, but no other, rights of way, that is to say, a right of way on pedal cycles (other than pedal cycles which are motor vehicles within the meaning of the Road Traffic Act 1988[40]) with or without a right of way on foot;
• "development plan" must be construed in accordance with section 38 of the Planning and Compulsory Purchase Act 2004[41];
• "direction restricting permitted development" means a direction given under article 4 of the Town and Country Planning (General Permitted Development) Order 1995[42];
• "drainage agreement" means an agreement made under section 22(2) of the Building Act 1984;
• "enforcement notice" means a notice issued under section 172 of the Town and Country Planning Act 1990[43];
• "footpath" means a highway over which the public have a right of way on foot only, not being a footway;
• "footway" means a way comprised in a highway which also comprises a carriageway, being a way over which the public have a right of way on foot only;
• "frontager" means the owner or occupier of premises that abut a road, footway or footpath;
• "highway maintainable at public expense" means a highway which by virtue of section 36 of the Highways Act 1980[44] or of any other enactment is a highway which for the purposes of that Act is a highway maintainable at the public expense;
• "improvement" means the doing of any act under powers conferred by Part 5 of the Highways Act 1980 and includes the erection, maintenance, alteration and removal of traffic signs, and the freeing of a highway or road-ferry from tolls;
• "land required for public purposes" means land to which paragraphs 5 and 6 of Schedule 13 to the Town and Country Planning Act 1990 relate[45];
• "land to be acquired for road works" means land to be acquired by a public authority under any of sections 239 to 246 of the Highways Act 1980[46];
• "listed building enforcement notice" means a notice issued under section 38 of the Planning (Listed Buildings and Conservation Areas) Act 1990[47];
• "listed building repairs notice" means a notice served under section 48 of the Planning (Listed Buildings and Conservation Areas) Act 1990;
• "mini-roundabout" means a roundabout consisting of a level or raised circular marking of a diameter of four metres or less;
• "order requiring discontinuance of use or alteration or removal of buildings or works" means an order made under section 102 of the Town and Country Planning Act 1990[48];
• "order revoking or modifying planning permission" means an order made under section 97 of the Town and Country Planning Act 1990[49];
• "planning agreement" means an agreement made under section 106 of the Town and Country Planning Act 1990, as existing at any time before the enactment of the Planning and Compulsory Purchase Act 2004[50];
• "planning contravention notice" means a notice served under section 171C of the Town and Country Planning Act 1990[51];
• "planning contribution" means a contribution to be made pursuant to any regulations made under sections 46 to 48 of the Planning and Compulsory Purchase Act 2004[52];
• "remediation notice" means a notice served under section 78E of the Environmental Protection Act 1990[53];
• "railway" means a system of transport employing parallel rails which-
  • (a) provide support and guidance for vehicles carried on flanged wheels; and
  • (b) form a track which either is of a gauge of at least 350 millimetres or crosses a carriageway (whether or not on the same level),
  • but does not include a tramway;
• "road hump" means an artificial hump in or on the surface of the highway which is designed to control the speed of vehicles, and references to a road hump include references to any other works (including signs or lighting) required in connection with such a hump;
• "special road" means a highway, or a proposed highway, which is a special road in accordance with section 16 of the Highways Act 1980;
• "stop notice" means a notice served under section 183 of the Town and Country Planning Act 1990[54];
• "traffic calming works", in relation to a highway, means works affecting the movement of vehicular or other traffic for the purpose of-
  • (a) promoting safety (including avoiding or reducing, or reducing the likelihood of, danger connected with terrorism within the meaning of section 1 of the Terrorism Act 2000[55]); or
  • (b) preserving or improving the environment through which the highway runs;
• "tramway" means a system of transport used wholly or mainly for the carriage of passengers and employing parallel rails which-
  • (a) provide support and guidance for vehicles carried on flanged wheels; and
  • (b) are laid wholly or mainly along a street or in any other place to which the public has access (including a place to which the public has access only on making a payment);
• "tree preservation order" means an order made under section 198 of the Town and Country Planning Act 1990[56]; and
• "trunk road" means a highway, or a proposed highway, which is a trunk road by virtue of section 10(1) or section 19 of the Highways Act 1980 or by virtue of an order or direction under section 10 of that Act[57] or under any other enactment.

(2) In paragraph 8 "private sewer", "drain" and "disposal main" have the same meaning as in paragraph 1(1) of Schedule 10.

[30] Amended by section 22(1) of the New Roads and Street Works Act 1991 (c. 22).

[31] Inserted by section 2 of the Planning and Compensation Act 1991 (c. 34).

[32] Amended by section 20(4) of and paragraph 25(2) of Schedule 6 to the Local Government (Wales) Act 1994 (c. 19).

[33] There are amendments to section 16 which are not relevant to these Regulations.

[34] S.I. 2000/2531. Under this provision, an applicant may apply to a local authority for a regularisation certificate in respect of unauthorised building work.

[35] Regulation 17 is to be amended by article 53(1) of and paragraph 6 of Schedule 3 to the Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/1541).

[36] Substituted by section 10(1) of the Planning and Compensation Act 1991 (c. 34).

[37] Substituted by section 10(1) of the Planning and Compensation Act 1991.

[38] Amended by section 109(1), paragraph 345 of Schedule 8 to and Schedule 10 to the Courts Act 2003 (c. 39).

[39] Inserted by section 57 of the Environment Act 1995.

[40] 1988 c. 52.

[41] 2004 c.5.

[42] S.I. 1995/418. Article 4 was amended by article 2(c) of the Town and Country Planning (General Permitted Development) (Amendment) Order 1996.

[43] Substituted by section 5 of the Planning and Compensation Act 1991.

[44] 1980 c.66. Section 36 was amended by section 4(1) of and paragraph 47 of Schedule 2 to the Housing (Consequential Provisions) Act 1985 (c. 71), sections 64 and 68 of and Part 1 of Schedule 2 to the Transport and Works Act 1992 (c. 42), section 4 of and paragraph 45(3) of Schedule 2 to the Planning (Consequential Provisions) Act 1990 (c.11) and section 57 of and Part 1 of Schedule 6 to the Countryside and Rights of Way Act 2000 (c. 37). There are further amendments to section 36 which are not relevant to these Regulations.

[45] Paragraph 5 was amended by sections 32 and paragraph 56 of Schedule 7 to the Planning and Compensation Act 1991. Both paragraphs 5 and 6 were amended by section 118(1) of and paragraphs 1 and 18 of Schedule 6 to the Planning and Compulsory Purchase Act 2004.

[46] Section 245A was inserted by section 13 of the Traffic Management Act 2004 (c. 18). At the time these Regulations are made, the amendment is not yet in force in relation to Wales.

[47] Amended by sections 25 and 84 of and Schedule 3 to the Planning and Compensation Act 1991.

[48] Amended by sections 21 and 32, paragraph 6 of Schedule 1 to and paragraph 21 of Schedule 7 to the Planning and Compensation Act 1991.

[49] Amended by sections 21 and 84 of, paragraph 4 of Schedule 1 to, and Schedule 19 to the Planning and Compensation Act 1991.

[50] At the time these Regulations are made, section 106 is yet to be repealed by sections 118(1) and 120, paragraphs 1 and 5 of Schedule 6 to and Schedule 9 to the Planning and Compulsory Purchase Act 2004.

[51] Inserted by section 1 of the Planning and Compensation Act 1991 and amended by article 5(a) of the Town and Country Planning (Electronic Communications) (England) Order 2003 (S.I. 2003/956) and article 5(a) of Town and Country Planning (Electronic Communications) (Wales) (No 1) Order 2004 (S.I. 2004/3156).

[52] At the time these Regulations are made no regulations have yet been made under these provisions.

[53] Inserted by section 57 of the Environment Act 1995 and amended by sections 86 and 105 of the Water Act 2003.

[54] Substituted by section 9(1) of the Planning and Compensation Act 1991.

[55] 2000 (c. 1).

[56] Amended by sections 31, 32 and 84, paragraph 20 of Schedule 6 to, paragraph 34 of Schedules 7 and 19 to the Planning and Compensation Act 1991. Also amended by section 42(3) of the Planning and Compulsory Purchase Act 2004.

[57] Section 10 was amended by section 22(2) of the New Roads and Street Works Act 1991 (c. 22) and section 19 was amended by section 21(1) of that Act.

2. -(1) The search report required by regulation 8(n) must contain the enquiries set out in Part 2 of this Schedule.

(2) Those enquiries must relate to the property.

(3) The enquiries in paragraphs 6 to 18 relate only to matters which are not entered on the appropriate local land charges register.

3. What applications for any of the following relating to the property have been given, approved or rejected or are pending a decision-

• (a) a planning permission;
• (b) a listed building consent;
• (c) a conservation area consent;
• (d) a certificate of lawfulness of existing use or development;
• (e) a certificate of lawfulness of proposed use or development;
• (f) building regulations approvals; and
• (g) a building regulations completion certificate?

4. What designations of land use for the property or the area, and what specific proposals for the property, are contained in any existing or proposed development plan?

5. Which of the roads, footways and footpaths on which the property is or will be situated are-

• (a) highways maintainable at public expense;
• (b) subject to adoption and supported by a bond or bond waiver;
• (c) to be made up by a local authority who will reclaim the cost from the frontagers; or
• (d) to be adopted by a local authority without reclaiming the cost from the frontagers?

6. Is the property included in land required for public purposes?

7. Is the property included in land to be acquired for road works?

8. Do either of the following exist in relation to the property-

• (a) an agreement to drain buildings in combination into an existing sewer by means of a private sewer; or
• (b) an agreement or consent for a building, or extension to a building on the property to be built over, or in the vicinity of a drain, sewer or disposal main?

9. Is the property (or will it be) within 200 metres of any of the following-

• (a) the centre line of a new trunk road or special road specified in any order, draft order or scheme;
• (b) the centre line of a proposed alteration or improvement to an existing road involving construction of a subway, underpass, flyover, footbridge, elevated road or dual carriageway;
• (c) the outer limits of construction works for a proposed alteration or improvement to an existing road, involving-
  • (i) construction of a roundabout (other than a mini-roundabout); or
  • (ii) widening by construction of one or more additional traffic lanes;
• (d) the outer limits of-
  • (i) construction of a new road to be built by a local authority;
  • (ii) an approved alteration or improvement to an existing road involving construction of a subway, underpass, flyover, footbridge, elevated road or dual carriageway; or
  • (iii) construction of a roundabout (other than a mini-roundabout) or widening by construction of one or more additional traffic lanes;
• (e) the centre line of the proposed route of a new road under proposals published for public consultation; or
• (f) the outer limits of-
  • (i) construction of a possible alteration or improvement to an existing road involving construction of a subway, underpass, flyover, footbridge, elevated road or dual carriageway;
  • (ii) construction of a roundabout (other than a mini-roundabout); or
  • (iii) widening by construction of one or more additional traffic lanes, under proposals published for public consultation?

10. Is the property (or will it be) within 200 metres of the centre line of a proposed railway, tramway, light railway or monorail?

11. Has a local authority approved but not yet implemented any of the following for roads, footways and footpaths which abut the boundaries of the property-

• (a) permanent stopping up or diversion;
• (b) waiting or loading restrictions;
• (c) one way driving;
• (d) prohibition of driving;
• (e) pedestrianisation;
• (f) vehicle width or weight restriction;
• (g) traffic calming works including road humps;
• (h) residents parking controls;
• (i) minor road widening or improvement;
• (j) pedestrian crossings;
• (k) cycle tracks; or
• (l) bridge building?

12. Do any statutory notices which relate to the following matters exist in relation to the property other than those revealed in a response to any other enquiry in this Schedule-

• (a) building works;
• (b) environment;
• (c) health and safety;
• (d) housing;
• (e) highways; or
• (f) public health?

13. Has a local authority authorised in relation to the property any proceedings for the contravention of any provision contained in building regulations?

14. Do any of the following subsist in relation to the property, or has a local authority decided to issue, serve, make or commence any of the following-

• (a) an enforcement notice;
• (b) a stop notice;
• (c) a listed building enforcement notice;
• (d) a breach of condition notice;
• (e) a planning contravention notice;
• (f) another notice relating to breach of planning control;
• (g) a listed building repairs notice;
• (h) in the case of a listed building deliberately allowed to fall into disrepair, a compulsory purchase order with a direction for minimum compensation;
• (i) a building preservation notice;
• (j) a direction restricting permitted development;
• (k) an order revoking or modifying planning permission;
• (l) an order requiring discontinuance of use or alteration or removal of buildings or works;
• (m) a tree preservation order; or
• (n) proceedings to enforce a planning agreement or planning contribution?

15. Do the following apply in relation to the property-

• (a) a decision to make the area a conservation area before 31st August 1974; or
• (b) an unimplemented decision to designate the area a conservation area?

16. Has any enforceable order or decision been made to compulsorily purchase or acquire the property?

17. Do any of the following apply (including any relating to land adjacent to or adjoining the property which has been identified as contaminated land because it is in such a condition that harm or pollution of controlled waters might be caused on the property)-

• (a) a contaminated land notice;
• (b) in relation to a register maintained under section 78R of the Environmental Protection Act 1990[58]-
  • (i) a decision to make an entry; or
  • (ii) an entry; or
• (c) consultation with the owner or occupier of the property conducted under section 78G(3) of the Environmental Protection Act 1990[59] before the service of a remediation notice?

[58] 1990 c. 43. Section 78R was inserted by section 57 of the Environment Act 1995.

[59] Section 78G was inserted by section 57 of the Environment Act 1995.

18. Do records indicate that the property is in a "Radon Affected Area" as identified by the Health Protection Agency[60]?

[60] A body established under section 1 of the Health Protection Agency Act 2004 (c. 17).

1. -(1) In this Schedule-

• "the 1991 Act" means the Water Industry Act 1991[61];
• "the 2000 Regulations" means the Water Supply (Water Quality) Regulations 2000[62];
• "the 2001 Regulations" means the Water Supply (Water Quality) Regulations 2001[63];
• "adoption agreement" means an agreement made or to be made under section 51A(1) or 104(1) of the 1991 Act[64];
• "bond" means a surety granted by a developer who is a party to an adoption agreement;
• "bond waiver" means an agreement with a developer for the provision of a form of financial security as a substitute for a bond;
• "calendar year" means the twelve months ending with 31st December;
• "discharge pipe" means a pipe from which discharges are made or are to be made under section 165(1) of the 1991 Act;
• "disposal main" means (subject to section 219(2) of the 1991 Act) any outfall pipe or other pipe which-
  • (a) is a pipe for the conveyance of effluent to or from any sewage disposal works, whether of a sewerage undertaker or of any other person; and
  • (b) is not a public sewer;
• "drain" means (subject to section 219(2) of the 1991 Act) a drain used for the drainage of one building or of any buildings or yards appurtenant to buildings within the same curtilage;
• "effluent" means any liquid, including particles of matter and other substances in suspension in the liquid;
• "financial year" means the twelve months ending with 31st March;
• "lateral drain" means-
  • (a) that part of a drain which runs from the curtilage of a building (or buildings or yards within the same curtilage) to the sewer with which the drain communicates or is to communicate; or
  • (b) (if different and the context so requires) the part of a drain identified in a declaration of vesting made under section 102 of the 1991 Act or in an agreement made under section 104 of that Act[65];
• "licensed water supplier" means a company which is the holder for the time being of a water supply licence under section 17A(1) of the 1991 Act[66];
• "maintenance period" means the period so specified in an adoption agreement as a period of time-
  • (a) from the date of issue of a certificate by a sewerage undertaker to the effect that a developer has built (or substantially built) a private sewer or lateral drain to that undertaker's satisfaction; and
  • (b) until the date that private sewer or lateral drain is vested in the sewerage undertaker;
• "map of waterworks" means the map made available under section 198(3) of the 1991 Act [67] in relation to the information specified in subsection (1A);
• "private sewer" means a pipe or pipes which drain foul or surface water, or both, from premises, and are not vested in a sewerage undertaker;
• "public sewer" means, subject to section 106(1A) of the 1991 Act[68], a sewer for the time being vested in a sewerage undertaker in its capacity as such, whether vested in that undertaker-
  • (a) by virtue of a scheme under Schedule 2 to the Water Act 1989[69];
  • (b) by virtue of a scheme under Schedule 2 to the 1991 Act[70];
  • (c) under section 179 of the 1991 Act[71]; or
  • (d) otherwise;
• "public sewer map" means the map made available under section 199(5) of the 1991 Act[72];
• "resource main" means (subject to section 219(2) of the 1991 Act) any pipe, not being a trunk main, which is or is to be used for the purpose of-
  • (a) conveying water from one source of supply to another, from a source of supply to a regulating reservoir or from a regulating reservoir to a source of supply; or
  • (b) giving or taking a supply of water in bulk;
• "sewerage services" includes the collection and disposal of foul and surface water and any other services which are required to be provided by a sewerage undertaker for the purpose of carrying out its functions;
• "sewerage undertaker" means the company appointed to be the sewerage undertaker under section 6(1) of the 1991 Act for the area in which the property is or will be situated;
• "surface water" includes water from roofs and other impermeable surfaces within the curtilage of the property;
• "water main" means (subject to section 219(2) of the 1991 Act) any pipe, not being a pipe for the time being vested in a person other than the water undertaker, which is used or to be used by a water undertaker or licensed water supplier for the purpose of making a general supply of water available to customers or potential customers of the undertaker or supplier, as distinct from for the purpose of providing a supply to particular customers;
• "water meter" means any apparatus for measuring or showing the volume of water supplied to, or of effluent discharged from any premises;
• "water supplier" means the company supplying water in the water supply zone, whether a water undertaker or licensed water supplier;
• "water supply zone" means the names and areas designated by a water undertaker within its area of supply that are to be its water supply zones for that year; and
• "water undertaker" means the company appointed to be the water undertaker under section 6(1) of the 1991 Act for the area in which the property is or will be situated.

(2) In this Schedule, references to a pipe, including references to a main, a drain or a sewer, shall include references to a tunnel or conduit which serves or is to serve as the pipe in question and to any accessories for the pipe.

[61] 1991 c. 56.

[62] S.I. 2000/3184. These Regulations apply in relation to England.

[63] S.I. 2001/3911. These Regulations apply in relation to Wales.

[64] Section 51A was inserted by section 92(2) of the Water Act 2003 (c. 37). Section 104(1) was amended by section 96(4) of that Act.

[65] Various amendments have been made to sections 102 and 104 by section 96 of the Water Act 2003.

[66] Inserted by section 56 of and Schedule 4 to the Water Act 2003.

[67] Subsection (1A) was inserted by section 92(5) of the Water Act 2003.

[68] Section 106(1A) was inserted by section 99 of the Water Act 2003.

[69] 1989 c. 15.

[70] To which there are various amendments made by section 101(1) of and Schedule 8 to the Water Act 2003.

[71] To which there are various amendments made by section 101(1) of and Schedule 8 to the Water Act 2003.

[72] Section 199 was amended by section 97(1) and (8) of the Water Act 2003.

2. -(1) The search report required by regulation 8(o) must contain-

• (a) the enquiries set out in sub-paragraph (1) of each paragraph of Part 2 of this Schedule; and
• (b) in relation to each such enquiry, a response set out in sub-paragraph (2) of each such paragraph, which must be the appropriate response in respect of the property.

(2) Where sub-paragraph (2) of each such paragraph includes alternative responses, only one of those responses may be the appropriate response.

(3) Where the search report is made using a document which reproduces all of the enquiries and responses set out in Part 2 of this Schedule, the person preparing the report must delete or strike out such of those responses as are not appropriate.

(4) Where a response set out in sub-paragraph (2) of each paragraph of Part 2 of this Schedule-

• (a) includes words highlighted in italics which request the giving of information about specified matters-
  • (i) the appropriate response or the search report must include the information to which those matters refer; and
  • (ii) where information is so included and the search report is made using a document which reproduces that response, the person preparing the report may delete or strike out the words in italics; and
• (b) refers to an additional document being included, that document must accompany the search report required by regulation 8(o).

3. -(1) Where relevant, please include a copy of an extract from the public sewer map.

(2)-

• (a) A copy of an extract from the public sewer map is included in which the location of the property is identified;
• (b) A copy of an extract of the public sewer map is included, showing the public sewers, disposal mains and lateral drains in the vicinity of the property; or
• (c) No map is included, as there are no public sewers in the vicinity of the property.

4. -(1) Does foul water from the property drain to a public sewer?

(2)-

• (a) Records indicate that foul water from the property drains to a public sewer;
• (b) Records indicate that foul water from the property does not drain to a public sewer; or
• (c) This enquiry appears to relate to a plot of land or a recently built property. It is recommended that drainage proposals are checked with the developer.

5. -(1) Does surface water from the property drain to a public sewer?

(2)-

• (a) Records indicate that surface water from the property does drain to a public sewer;
• (b) Records indicate that surface water from the property does not drain to a public sewer; or
• (c) This enquiry appears to relate to a plot of land or a recently built property. It is recommended that drainage proposals are checked with the developer.

6. -(1) Are any sewers or lateral drains serving or which are proposed to serve the property the subject of an existing adoption agreement or an application for such an agreement?

(2)-

• (a) Records indicate that in relation to sewers and lateral drains serving the development of which the property forms part-
  • (i) an adoption agreement is currently in preparation;
  • (ii) an adoption agreement exists and the sewers and lateral drains are not yet vested in the sewerage undertaker, although the maintenance period has commenced;
  • (iii) an adoption agreement exists and the sewers and lateral drains are not yet vested in the sewerage undertaker and the maintenance period has not yet commenced;
  • (iv) an adoption agreement exists and is supported by a bond;
  • (v) an adoption agreement exists and is the subject of a bond waiver; or
  • (vi) an adoption agreement exists and is not supported by a bond or by a bond waiver; or
• (b) Records confirm that sewers serving the development, of which the property forms part are not the subject of an existing adoption agreement or an application for such an agreement; or
• (c) The property is part of an established development and is not subject to an adoption agreement.

7. -(1) Does the public sewer map indicate any public sewer, disposal main or lateral drain within the boundaries of the property?

(2)-

• (a) The public sewer map included indicates that there is a public sewer, disposal main or lateral drain within the boundaries of the property;
• (b) The public sewer map indicates that there are private sewers or lateral drains subject to an existing adoption agreement within the boundaries of the property; or
• (c) The public sewer map indicates that there are no public sewers, disposal mains or lateral drains within the boundaries of the property. However, it has not always been a requirement for such public sewers, disposal mains or lateral drains to be recorded on the public sewer map. It is therefore possible for unidentified sewers, disposal mains or lateral drains to exist within the boundaries of the property.

8. -(1) Does the public sewer map indicate any public sewer within 30.48 metres (100 feet) of any buildings within the property?

(2)-

• (a) The public sewer map included indicates that there is a public sewer within 30.48 metres (100 feet) of a building within the property;
• (b) The public sewer map indicates that there is a public sewer or lateral drain subject to an existing adoption agreement within 30.48 metres (100 feet) of a building within the property; or
• (c) The public sewer map indicates that there are no public sewers within 30.48 metres (100 feet) of a building within the property. However, it has not always been a requirement for such public sewers to be recorded on the public sewer map. It is therefore possible for unidentified sewers or public sewers to exist within the boundaries of the property.

9. -(1) Has a sewerage undertaker approved or been consulted about any plans to erect a building or extension on the property over or in the vicinity of a public sewer, disposal main or drain?

(2)-

• (a) Records indicate that a sewerage undertaker has approved or has been consulted about plans to erect a building or extension on the property over or in the vicinity of a public sewer, disposal main or drain;
• (b) Records indicate that a sewerage undertaker has rejected plans to erect a building or extension on the property over or in the vicinity of a public sewer, disposal main or drain; or
• (c) There are no records in relation to any approval or consultation about plans to erect a building or extension on the property over or in the vicinity of a public sewer, disposal main or drain. However, the sewerage undertaker might not be aware of a building or extension on the property over or in the vicinity of a public sewer, disposal main or drain.

10. -(1) Where relevant, please include a copy of an extract from the map of waterworks.

(2)-

• (a) A copy of an extract from the map of waterworks is included in which the location of the property is identified;
• (b) A copy of an extract of the map of waterworks is included, showing water mains, resource mains or discharge pipes in the vicinity of the property; or
• (c) No map is included, as there are no water mains, resource mains or discharge pipes in the vicinity of the property.

11. -(1) Is any water main or service pipe serving or which is proposed to serve the property the subject of an existing adoption agreement or an application for such an agreement?

(2)-

• (a) Records confirm that in relation to water mains and service pipes serving the development, of which the property forms part-
  • (i) an adoption agreement is currently in preparation;
  • (ii) an adoption agreement exists and the water mains or service pipes are not yet vested in the water undertaker;
  • (iii) an adoption agreement exists and is supported by a bond; or
  • (iv) an adoption agreement exists and is not supported by a bond; or
• (b) Records confirm that water mains or service pipes serving the property are not the subject of an existing adoption agreement or an application for such an agreement.

12. -(1) Who are the sewerage and water undertakers for the area?

(2) Give company name and address is the sewerage undertaker for the area, and give company name and address is the water undertaker for the area.

13. -(1) Is the property connected to mains water supply?

(2)-

• (a) Records indicate that the property is connected to mains water supply;
• (b) Records indicate that the property is not connected to mains water supply and water is therefore likely to be provided by virtue of a private supply; or
• (c) This enquiry relates to a plot of land or a recently built property. It is recommended that the water supply proposals are checked with the developer.

14. -(1) Are there any water mains, resource mains or discharge pipes within the boundaries of the property?

(2)-

• (a) The map of waterworks indicates that there are water mains, resource mains or discharge pipes within the boundaries of the property;
• (b) The map of waterworks does not indicate any water mains, resource mains or discharge pipes within the boundaries of the property; or
• (c) The map of waterworks indicates that there is a water main subject to an existing adoption agreement within the boundaries of the property.

15. -(1) What is the current basis for charging for sewerage and water services at the property?

(2)-

• (a) The charges are based on actual volumes of water measured through a water meter ("metered supply");
• (b) The charges are based on the rateable value of the property of £ give rateable value and the charge for the current financial year is £ give amount of charge;
• (c) The charges are made on a basis other than rateable value or metered supply. They are based on give basis for charges and are £ give amount of charge for each financial year.
• (d) Records indicate that this enquiry relates to a plot of land or a recently built property.

16. -(1) Will the basis for charging for sewerage and water services at the property change as a consequence of a change of occupation?

(2)-

• (a) The basis for the charges will change and will be based on an unmeasured supply;
• (b) The basis for the charges will change and will be based on a metered supply;
• (c) The basis for the charges will change and will be based on give basis for charges;
• (d) The basis for the charges will change and will be based on rateable value;
• (e) There will be no change in the current charging arrangements as a consequence of a change of occupation; or
• (f) Records indicate that this enquiry relates to a plot of land or a recently built property. It is recommended that the charging proposals are checked with the developer.

17. -(1) Is a surface water drainage charge payable?

(2)-

• (a) Records confirm that a surface water drainage charge is payable for the property at £ give level of charge for each financial year; or
• (b) Records confirm that a surface water drainage charge is not payable for the property.

18. -(1) Please include details of the location of any water meter serving the property.

(2)-

• (a) Records indicate that the property is not served by a water meter; or
• (b) Records indicate that the property is served by a water meter, which is located-
  • (i) within the dwelling-house which is or forms part of the property, and in particular is located at give details of location; or
  • (ii) is not within the dwelling-house which is or forms part of the property, and in particular is located at give details of location.

19. -(1) Who bills the property for sewerage services?

(2)-

• (a) The property is billed for sewerage services by give company name, billing address, enquiry telephone number and website address; or
• (b) The property is not billed for sewerage services.

20. -(1) Who bills the property for water services?

(2)-

• (a) The property is billed for water services by give company name, billing address, enquiry telephone number and website address; or
• (b) The property is not billed for water services.

21. -(1) Is the dwelling-house which is or forms part of the property at risk of internal flooding due to overloaded public sewers?

(2)-

• (a) Records confirm that the property is at risk of internal flooding due to overloaded public sewers (following an actual flooding event or otherwise) and a report is included describing-
  • (i) this and the action proposed by the sewerage undertaker to remove the risk;
  • (ii) who will undertake this action and when; and
  • (iii) whether mitigation measures have been installed to reduce the risk of flooding to the property;
• (b) An investigation is currently being carried out by the sewerage undertaker to determine if the property should be recorded on a register as being at risk of internal flooding due to overloaded public sewers, and a report is included describing-
  • (i) the action proposed by the water undertaker to remove the risk; and
  • (ii) who will undertake the action and when; or
• (c) The property is not recorded as being at risk of internal flooding due to overloaded public sewers.

22. -(1) Is the property at risk of receiving low water pressure or flow?

(2)-

• (a) Records confirm that the property is recorded on a register kept by the water undertaker as being at risk of receiving low water pressure or flow, and a report is included describing-
  • (i) the action proposed by the water undertaker to remove the risk; and
  • (ii) who will undertake the action and when;
• (b) An investigation is currently being carried out by the water undertaker to determine if the property should be recorded on a register as being at risk of receiving low water pressure or flow, and a report is included describing-
  • (i) the action proposed by the water undertaker to remove the risk; and
  • (ii) who will undertake the action and when; or
• (c) Records confirm that the property is not recorded on a register kept by the water undertaker as being at risk of receiving low water pressure or flow.

23. -(1) Please include details of a water quality analysis made by the water undertaker for the water supply zone in respect of the most recent calendar year.

(2)-

• (a) The analysis confirmed that all tests met the standards prescribed by the 2000 Regulations or the 2001 Regulations; or
• (b) The analysis confirmed that tests met the standards prescribed by the 2000 Regulations or the 2001 Regulations, except that give number tests of give total number tests failed to meet the standard for nitrate;
• (c) The analysis confirmed that tests met the standards prescribed by the 2000 Regulations or the 2001 Regulations, except that give number tests of give total number tests failed to meet the standard for lead;
• (d) The analysis confirmed that tests failed to meet the standards of the 2000 Regulations or the 2001 Regulations in relation to both nitrate and lead, and these are give further details of such tests; or
• (e) The analysis records confirmed that tests failed to meet the standards of the 2000 Regulations or the 2001 Regulations in relation to another substance or substances, and these are include further details.

24. -(1) Please include details of any departures-

• (a) authorised by the Secretary of State under Part 6 of the 2000 Regulations from the provisions of Part 3 of those Regulations; or
• (b) authorised by the National Assembly for Wales under Part 6 of the 2001 Regulations from the provisions of Part 3 of those Regulations.

(2)-

• (a) There are no such authorised departures for the water supply zone; or
• (b) The Secretary of State or the National Assembly for Wales has authorised a departure from the standards prescribed by the 2000 Regulations or the 2001 Regulations, in the water supply zone, and-
  • (i) the departure permits the water undertaker or water supplier to supply water that does not meet the standard for give substance whilst remedial action to restore normal water quality is taken;
  • (ii) the maximum permitted departure is up to give number micrograms per litre; and
  • (iii) the measures taken to restore normal water quality are due to be completed by give approximate month and year.

25. -(1) Please confirm the distance from the property to the nearest boundary of the nearest sewage treatment works.

(2) The nearest sewage treatment works is give distance in kilometres or miles to the give direction of the property. The name of the nearest sewage treatment works is give name.

The matters referred to in regulation 9(n)(ii) are-

• (a) the property's contents, fixtures or fittings;
• (b) any information provided by the Chief Land Registrar relating to the property;
• (c) equitable interests in the property;
• (d) rights of access to or over-
  • (i) the property (not including any ancillary land); or
  • (ii) land outside the property;
• (e) rights of access to or over any ancillary land to the property including-
  • (i) obligations to maintain such land; or
  • (ii) whether any payments for maintaining such land are outstanding;
• (f) obligations to maintain the boundaries of the property;
• (g) communications from any public authority or person with statutory functions, that affect or might affect the property, including whether any request made by them (under any enactment or otherwise) has been complied with;
• (h) acquisition of any land by a public authority or person with statutory functions that affects or might affect the property;
• (i) standards of safety, building, repair or maintenance to which the property, its contents or the building in which it is situated ought to comply, and whether such standards have been complied with;
• (j) the property's suitability or potential suitability for occupancy by a disabled person;
• (k) the energy performance of the property;
• (l) alterations or other works relating to the property and whether-
  • (i) any necessary permissions for such alterations or works have been obtained; and
  • (ii) relevant consultations have been conducted;
• (m) use or occupation of the property or use or occupation of other premises which affects or might affect the property;
• (n) insurance policies, warranties, certificates or guarantees for the property or its contents;
• (o) utility services connected to the property;
• (p) potential or actual environmental hazards that might affect the property or its occupants; and
• (q) taxes, levies or charges relating to the property.