Ground instability is a quiet but important concern in conveyancing, especially in areas with historic mining, chalk or limestone geology, old quarries, or complex underground infrastructure.
While full sinkholes are rare, the underlying risks – from subsidence to unexpected voids – can affect property condition, insurability and even mortgageability. This quick blog helps conveyancers explain what ground instability means, how it relates to sinkhole formation, and what clients should be aware of when making informed decisions.
What Is Ground Instability?
Ground instability refers to movement, weakening or collapse of the ground beneath a property. It can be caused by natural geological processes, such as dissolution of soluble rocks like chalk or limestone, or by human activity, such as historical mining, tunnelling, quarrying, landfill settlement or old infrastructure failures. Some instability issues progress slowly over time, while others can develop suddenly, which is why environmental searches commonly flag increased risk zones.
How Do Sinkholes Fit Into the Picture?
Sinkholes are one of the most visible (and sometimes alarming) forms of ground instability. They occur when the ground beneath a property collapses into a void, usually created by dissolving limestone, chalk or salt deposits, or by the collapse of an unrecorded mine or man‑made cavity. While dramatic media coverage sometimes gives the impression that sinkholes are common, they remain relatively rare. However, when they do occur, they can cause serious structural damage and require major engineering work.
Where Are Instability Risks More Likely?
Risk often aligns with historic activity or local geology. Former mining areas – coal, chalk, tin, gypsum and other minerals – may contain old shafts, adits or unrecorded workings. Certain regions with limestone or chalk bedrock are naturally more prone to dissolution features. Areas with clay soils may experience shrink‑swell movement during periods of extreme weather. Urban sites built over old landfills or backfilled quarries can experience settlement. Even infrastructure such as leaking drains, broken sewers or failed soakaways can trigger localised collapse beneath driveways or extensions.
How Does This Appear in Searches?
Environmental searches typically assess ground stability risks through national databases, mining records, landfill mapping, historic land use and geological models. They may flag: potential for natural cavities; historic mining activity; known sinkhole incidents; ground that is prone to shrink‑swell clay movement; and areas where subsidence claims have been concentrated. Additional specialist searches from Landmark, such as mining reports, coal authority searches or ground stability assessments, can provide more granular detail. Conveyancers should help clients interpret the difference between a “potential risk” and an “actionable concern”.
What Should Clients Be Aware Of?
Clients should understand that a flagged ground instability risk does not automatically mean the property is unsafe. Instead, it highlights that further checks may be sensible. Clients may need to consider property age, structural history, drainage condition, and whether there have been previous insurance claims for subsidence or movement. Modern homes often incorporate foundations designed for local geology, but older properties may be more vulnerable to underlying ground changes. For planned extensions or significant landscaping, ground conditions may dictate foundation type and cost.
What About Insurance and Mortgage Lenders?
Subsidence and ground instability can influence premiums, excess levels and insurer willingness to cover certain risks. Lenders may ask for more information if a search highlights past instability or historic mining. If a survey or structural report identifies movement, buyers may need to provide additional evidence that the issue is historic, monitored, or already remediated. Promptly addressing insurer or lender queries prevents delays later in the transaction.
Ground instability and sinkhole risk are important but manageable considerations in property transactions. Most flagged risks do not result in dramatic events, but they do warrant thoughtful due diligence.
By helping clients understand the nature of local geology, historic activity and what search results really mean, conveyancers can guide them through practical next steps, whether that’s seeking a structural opinion, engaging with insurers early or simply proceeding with informed confidence.
Areas of Special Control of Advertisements – often shortened to ASCAs – are one of those quiet pieces of planning legislation that clients seldom hear about until a sign, board or fascia change suddenly needs consent.
For properties in sensitive or scenic areas, Areas of Special Control of Advertisements can significantly restrict what can be displayed and how it is displayed. Here’s a concise guide to help conveyancers explain the essentials to clients in just a few minutes.
What Are Areas of Special Control of Advertisements?
ASCAs are designated zones where the local planning authority applies stricter rules on the size, height, illumination and appearance of outdoor advertisements. These areas are typically chosen for their landscape value, character, or environmental quality: rural locations, National Parks, Areas of Outstanding Natural Beauty and other visually sensitive settings. The purpose is simple: to prevent visual clutter or intrusive signage in places where scenery or character is considered particularly important.
How Do ASCAs Affect What Clients Can Display?
Within an ASCA, the advertising rules become much tighter than the standard national regulations. The size of illuminated signs may be limited; high‑level signs might be prohibited; fascia boards must often be smaller or non‑illuminated; and freestanding boards, banners or large promotional displays may be heavily restricted or require express consent. Even signs that would normally have “deemed consent” outside an ASCA may lose that automatic permission once inside the boundary. For shopfronts, small businesses, rural commercial premises and even residential properties placing directional or name signs, these limitations can meaningfully shape what is allowed.
Will ASCAs Show Up in Searches?
ASCAs can appear in planning history, local plans, and sometimes as entries referenced within local land charges. However, they don’t always present themselves clearly in search results. More commonly, the restrictions become obvious only when reviewing past planning conditions or when clients attempt to install new signage. Because ASCAs are area‑wide rather than property‑specific, buyers might not see a direct charge on their title. This is why early awareness is important – clients planning to rebrand, add illuminated signage or modernise a shopfront should know whether ASCAs will influence their design choices.
How Might This Impact Buyers and Businesses?
For commercial buyers, especially small retailers, cafes, estate agents, salons and offices, ASCAs influence branding decisions and may affect the viability of certain illuminated or large‑format signs. For residential buyers, the impact is usually subtle but may still matter… for example, installing a name plaque, external lighting, or signage for holiday lets. If clients plan to take over an existing business and rebrand it immediately after completion, understanding ASCA restrictions upfront helps prevent costly redesigns or delayed opening.
What Should Conveyancers Flag Early?
It’s worth checking whether the property lies within or near a designated rural or scenic zone and reviewing planning histories for any mention of advertisement conditions. Ask clients whether they plan to alter signage, illumination or branding. If so, advise them that express consent may be required in ASCAs even where it wouldn’t be elsewhere. Remind them that advertising rules focus on two things: visual amenity and public safety – and in ASCAs, amenity considerations carry particular weight. A simple heads‑up at the start of the transaction can prevent later disappointment.
Areas of Special Control of Advertisements strengthen the rules around signage to preserve the character of sensitive landscapes. While they rarely cause legal issues during a conveyance, they can shape what a buyer is permitted to display once they take ownership. By highlighting ASCA restrictions early – especially for commercial premises – conveyancers can help clients make informed branding and design decisions that respect both planning rules and the unique setting of the area.
Completion Notices are one of those planning tools that rarely appear in everyday conversation but can have a real impact on buyers, developers and anyone relying on an existing planning permission.
They’re often misunderstood, especially because the name sounds similar to completion certificates – but they are entirely different things. Here’s a quick, clear guide for clients and conveyancers on what Completion Notices are, when they’re used and why they matter in a property transaction.
What Is a Completion Notice?
A Completion Notice is issued by a local planning authority when it believes that development which has started will not be completed within a reasonable period.
The effect of the notice is to set a deadline: if the development is not finished by the date given, the planning permission will be treated as having expired for any incomplete work. In other words, the permission is “switched off” for the unfinished parts of the project. A Completion Notice does not force anyone to finish the work, it simply removes the protection of the existing planning permission after a specified date.
When Are Completion Notices Used?
Completion Notices are typically used where a planning permission has technically been implemented, but then left unfinished for months or years. Sometimes this is because the developer mothballs the project; sometimes because the property has changed hands; sometimes because the market has shifted.
Councils can issue a Completion Notice when they believe the planning permission is being kept alive without real intent to complete. It is not a punitive measure – it is a tidying-up mechanism to prevent open‑ended permissions remaining valid indefinitely.
What Does a Completion Notice Do?
The notice sets out a completion date, usually at least 12 months from the date it is served. If the work is finished by that deadline, the permission remains lawful. If not, any incomplete elements lose the benefit of that permission and future works would require a fresh application. Importantly, a Completion Notice does not affect work already lawfully completed – only the unfinished parts are at risk. This distinction matters for buyers inheriting part‑built extensions, conversions, shopfront works or redevelopment schemes.
How Do Completion Notices Affect Conveyancing?
If a property involves unfinished works or has an historic planning permission that was only partially implemented, a Completion Notice can materially affect value, development potential and mortgageability. Buyers may assume they can pick up where the previous owner left off… but a Completion Notice may limit what can still be lawfully completed without a new permission.
Lenders may also ask questions if a planning permission is close to expiry or if the remaining works are substantial. For developers purchasing stalled sites, understanding whether a Completion Notice has been issued, or could realistically be issued, is essential due diligence.
Will Completion Notices Show Up in Searches?
Completion Notices can appear in Local Authority searches when formally served, but they are not as common as enforcement notices. Sometimes the only evidence is in the planning history, which may reference a pending notice, consultation on a proposed notice or an intention to issue one. Because the effect of a Completion Notice is tied to the status of an existing planning permission, conveyancers should always check the planning timeline: When was the permission granted? Was it materially started? How much work was done? Does the council appear to consider the permission dormant?
What Should Buyers and Developers Look Out For?
Clients should be aware of any part‑built structures, groundworks or foundations that were installed solely to “keep a permission alive”. They should also understand that finishing the work may still require compliance with updated building regulations or new planning policies, even if the original permission is technically still in play. Where a Completion Notice has been served, buyers need to know the cut‑off date and whether the remaining works are realistically achievable within the timeframe. Where no notice has yet been served, but the project has been dormant for years, it’s sensible to advise that the council could tighten the timeline.
Completion Notices are a planning tool designed to bring clarity to long‑stalled developments. They don’t punish owners, and they don’t invalidate completed work – but they do remove the safety net of an old planning permission if the project isn’t finished by a specified date.
For conveyancers, the key is to spot early when a transaction involves part‑completed development, long‑dated permissions or dormant projects. A simple review of planning history and a discussion with the client can prevent surprises later and ensure they know exactly what they can – and cannot – lawfully complete after purchase.
Civil Aviation Safeguarding is one of those planning and development considerations that buyers often never hear about until it affects their extension plans, rooftop installations or redevelopment proposals.
If a property sits near an airport, aerodrome, helipad or other aviation infrastructure, safeguarding rules can influence what can be built, how tall it can be, and even whether cranes or reflective materials can be used. Here’s a clear, conveyancer-friendly overview of what safeguarding means, how it appears in searches, and what buyers need to consider.
What Is Civil Aviation Safeguarding?
Civil Aviation Safeguarding is a protective system designed to ensure that new development does not pose a risk to aircraft, airspace or aviation technology.
Areas close to airports or airfields are covered by safeguarding maps. These maps define zones where certain types of development must be assessed for height, lighting, glare, bird-attraction, interference with radar or instrument landing systems, and other aviation-related risks. Safeguarding doesn’t automatically block development… but it can trigger consultation or add constraints that buyers should be aware of.
How Does It Affect Development?
Safeguarded areas introduce limits on building height, crane use, external lighting, reflective surfaces, landscaping choices and rooftop installations. An extension, dormer window, rooftop plant, telecoms equipment or solar panel may all be checked against local safeguarding criteria. Larger developments may require formal consultation with airport operators before planning approval can be granted. Even where planning permission is ultimately granted, specific aviation-related conditions are common in safeguarding zones.
Does Safeguarding Show Up in Searches?
This is where things become important for conveyancers. The presence of a Civil Aviation Safeguarding Zone itself does not automatically create an entry in the Local Land Charges Register. However, if a specific aviation-related restriction has been formally recorded against the land – such as a protected height limit or mandatory consultation requirement – this can appear in the LLC as a Civil Aviation Charge. Not all safeguarding constraints meet the threshold for registration, so you may not always see a charge even when the property is within a safeguarded area. Because of this, planning history is often the more reliable indicator. Previous applications may include airport consultation letters, height-limit conditions, lighting controls, or notes about aviation safety. These planning records remain relevant even when no Local Land Charge exists.
So What Should Conveyancers Look For?
The key is to interpret both the LLC results and the planning history together. If the LLC includes a Civil Aviation Charge, that means a formal safeguarding restriction is registered against the land. If the LLC is silent but the property is near an airport, you should still check for planning conditions, consultation notes, crane notification requirements or design limitations in earlier applications. A lack of an LLC entry does not mean the property is unaffected – it simply means no formal land charge has been registered. Planners will still apply safeguarding rules whenever development is proposed.
How Might This Affect Clients?
For homeowners, safeguarding can influence plans for loft conversions, solar panels, roof extensions, A/C units, chimneys, or external lighting. For developers, it affects building heights, crane operations, material choices and landscaping. For both, it can mean longer planning times or the need for specialist input. It’s also worth noting that many safeguarding requirements apply during construction, meaning cranes or tall scaffolding may require notification or approval even when the finished structure is compliant.
Civil Aviation Safeguarding protects airspace and aviation operations by controlling development in sensitive areas. It does not always appear as a Local Land Charge, but when specific height or safety restrictions have been formally registered, these will show up as Civil Aviation Charges in the LLCs.
Planning history often contains the clearest evidence of safeguarding constraints, even when the LLC is silent. By checking both sources and highlighting potential aviation considerations early, conveyancers can help clients make informed decisions and avoid surprises when they come to extend, alter or develop their property.
Stopping Up Orders aren’t something most buyers have heard of, but they play a surprisingly important role in property transactions… especially where access, redevelopment, or changes to the highway are involved.
If a client is buying land affected by a development proposal, or looking to make alterations that impact a road or footpath, understanding the basics can save time, money and frustration. Here’s a quick, coffee break blog to help you digest.
What Is a Stopping Up Order?
A Stopping Up Order is a legal mechanism that removes the highway rights over a road, footpath or section of highway. In simpler terms, it stops the public’s right to use it. This isn’t the same as closing a road temporarily for works – it’s a permanent legal change. Stopping up is usually required when a development project needs to build over, divert, or extinguish part of the highway. Without an order, development cannot lawfully obstruct or interfere with the public’s right of passage.
Why Are Stopping Up Orders Needed?
Stopping up arises mainly in two scenarios: first, where a development (such as a new building, access layout or site expansion) is impossible without removing a portion of the existing highway; second, where an existing road layout needs permanent alteration for safety, design or regeneration reasons. For example, a developer may need to stop up a small section of footpath to create a new shopfront entrance, or remove a slip road to facilitate a new junction design. Local highway authorities and the Secretary of State must be satisfied that the stopping up is necessary and that appropriate alternative routes, if needed, are secured.
How Is a Stopping Up Order Made?
The process is formal and involves statutory consultation. Orders typically require: a published notice, plans showing the affected section, consultation with statutory bodies, and an opportunity for objections. Where objections are raised, the matter may be referred for further review or inquiry. No development work that obstructs the highway can begin until the Stopping Up Order is confirmed. This is an important point for clients purchasing development land; assumptions about access or site layout must match the legal position, not just the planning drawings.
How Does This Affect Local Searches?
Stopping Up Orders most commonly appear in transactions involving redevelopment, mixed‑use schemes, and plots with unusual access arrangements. For residential buyers, they may come into play where a new estate layout changes historical footpaths or roads. For commercial buyers, stopping up can dictate the viability of loading bays, parking, service yards or delivery routes. For both, the key point is this: if part of the highway is needed to carry out works, you cannot simply ‘build over it’. Without a confirmed order, the development may be unlawful, lenders may hesitate, and insurers may decline cover.
What Might Show Up in Searches?
Local Authority searches may reference stopping up proposals, confirmed orders, or associated notices. These are often linked to planning permissions, especially where redevelopment affects surrounding streets. If the search reveals an intention to stop up a nearby route, clients may want to understand how it affects access, parking, amenity or traffic flow. Conversely, if a client’s scheme requires stopping up, the absence of an order is just as important – it may indicate the development cannot legally proceed yet.
What Should Clients Be Aware Of?
Clients should consider whether their intended use depends on an access arrangement that’s still subject to stopping up; whether diversions or alternative routes are proposed; whether the order is confirmed or only at draft stage; and whether any objections have previously been raised. It’s also wise to advise that stopping up can take time – and until it’s formally confirmed, nothing that obstructs the highway can lawfully be built.
Stopping Up Orders quietly underpin many development and regeneration projects, but their implications can be significant for buyers. They determine where people can walk, drive and park – and whether a proposed design is even possible. By identifying early whether a transaction involves existing or proposed Stopping Up Orders, you can guide clients through risks, manage expectations and prevent delays before they arise.
Brownfield land is a term that comes up often during conveyancing, especially when clients are thinking about redevelopment potential or long‑term value.
It’s a simple concept on the surface, but one that’s frequently misunderstood. This short blog gives you the essentials: what brownfield land is, why it matters, and how it affects property decisions.
Wellies on, lets dive in.
What Is Brownfield Land?
Brownfield land is any site that has been previously developed. In practice, that usually means land that once hosted buildings, industry, commercial operations, infrastructure or other structures. It stands in contrast to greenfield land, which has not been built on before. Brownfield sites range from former factories and warehouses to petrol stations, abandoned yards, old institutional sites, and disused commercial plots. Crucially, brownfield does not automatically mean contaminated or unsafe – but it can raise more questions for planners, developers and lenders.
Why Isn’t Brownfield the Same as Contaminated Land?
This is where confusion often begins. Many clients assume brownfield = contaminated, but the two are not synonymous. Contamination is about pollutants or risks to health and the environment. Brownfield simply describes a site’s past use. Some brownfield plots require remediation; others are clean and ready for redevelopment. The key difference is that brownfield status triggers certain planning and due‑diligence expectations, while contamination triggers risk assessment and environmental investigation.
Why Does Brownfield Status Matter in Conveyancing?
Brownfield land can influence a buyer’s plans and a lender’s appetite. Planners often encourage reuse of brownfield land to reduce pressure on greenfield development, meaning redevelopment prospects may be better than clients expect. At the same time, a previous use (industrial or commercial, especially) may indicate the need for environmental checks, ground investigations or a closer look at historic planning records. For commercial buyers, brownfield status can shape feasibility studies, construction costs and regulatory obligations. For residential buyers, it may influence what future extensions or conversions are likely to be permitted.
How Does Brownfield Land Show Up in Searches?
Local searches do not explicitly label a site as “brownfield”, but clues appear throughout the results. Historic planning records, previous use classifications, industrial permissions, and environmental notices all help paint a picture of the site’s past. If a site is part of a local authority’s brownfield register, this may also be visible through planning portals or local development plan documents. When dealing with former industrial or utility sites, buyers may seek environmental searches, desktop risk reports or specialist assessments.
What Should Clients Be Aware Of?
If a client is buying a site for redevelopment, brownfield land can be a positive; many planning frameworks favour its reuse, and grants or local incentives may apply. However, they should also be aware of: previous foundations, buried structures, unusual ground conditions, the need for site investigations, and potential planning conditions relating to remediation. Even where contamination is unlikely, lenders sometimes require clarity or reassurance about historic use. Clear early conversations help avoid delays later.
Brownfield land isn’t a cause for alarm, it simply tells us the land has a past. For many buyers and developers, that past can unlock opportunities. For conveyancers, the key is helping clients understand what “previously developed” means in practice: where it creates potential, where it signals extra due diligence, and how it shapes the path to planning permission. By identifying early whether brownfield status is relevant, you can guide clients through the next steps with confidence.