A blocked drain is an inconvenience. A public sewer running beneath your garden is a legal constraint that could prevent you building an extension, a garage, or even a garden room, potentially for the life of your ownership. Drainage searches exist to surface exactly these kinds of issues before exchange, not after.
Yet they remain one of the least understood searches in the conveyancing process.
Lets dive in with our latest Five Minutes On theme.
What is a drainage search?
A drainage and water search, formally the CON29DW, is a regulated search product that provides information about a property’s connection to the public water and sewerage network. It is produced using data held by the relevant water and sewerage company for the area, and is a standard part of the residential conveyancing search bundle.
It answers 23 standard questions, covering:
- whether the property is connected to the public water supply and public sewer
- whether any public sewers or water mains are within the boundary of the property
- whether the property is at risk of internal sewer flooding
- the location of the nearest public sewer
- whether there are any current or planned drainage improvement schemes affecting the area
- the identity of the sewerage and water undertaker responsible for the area
Why does it matter, the sewer within the boundary issue
The single most consequential result a drainage search can return is confirmation that a public sewer runs within, or close to, the property boundary. This matters for one critical reason: building over or near a public sewer without consent from the water company is not permitted.
Under the Water Industry Act 1991 and subsequent legislation, water companies have a statutory right to access public sewers for inspection and maintenance. A building constructed over a public sewer without a formal build-over agreement creates significant risk:
- The water company may require the building to be demolished or modified
- Mortgage lenders may decline to lend against properties with unresolved build-over issues
- Future planning applications for extensions or outbuildings may be refused or conditioned
- Indemnity insurance may be required to proceed, and is not always straightforward to obtain
It is worth noting that since 2011, when the adoption of private sewers transferred many previously private drains into public ownership, the number of properties affected by this issue increased significantly overnight. Many homeowners, and even some conveyancers, remain unaware that the drain they thought was private is now a public asset.
Sewer flooding risk, an increasingly relevant question
The CON29DW includes a question on whether the property has been, or is at risk of being, subject to internal flooding from public sewers. With ageing Victorian infrastructure, increased rainfall intensity linked to climate change, and growing pressure on combined sewer systems, this is a question that is becoming more material, not less.
A positive response to this question, indicating a history of or risk of sewer flooding, should prompt further enquiry. It may also affect buildings insurance, and buyers should be made aware of the implications before exchange.
What a drainage search does not cover
Understanding the boundaries of the CON29DW is just as important as understanding what it reveals. It does not cover:
- Private drainage systems, septic tanks, cesspools, and private treatment plants are not covered. For rural properties or those not connected to mains drainage, a separate enquiry, and often a physical survey, is essential
- Surface water flooding, the risk of flooding from surface water runoff is covered in an environmental search, not the drainage search
- Drainage condition, the CON29DW confirms the existence and location of infrastructure, not its physical condition. A CCTV drain survey is required if condition is a concern
- Ordinary watercourses, ditches, streams, and ordinary watercourses fall outside the scope of the CON29DW and may require separate enquiry of the Lead Local Flood Authority
How to read a drainage search result
Drainage search results have historically varied in format and clarity between providers, sometimes making it harder than it should be to identify the most important findings quickly. The most critical questions to check are:
- Is the property connected to a public sewer? (If not, how is foul drainage managed?)
- Are any public sewers within the boundary of the property?
- Is there any history of, or risk of, internal sewer flooding?
- Are there any current water or sewerage improvement schemes affecting the property?
Where the answer to any of these is unexpected or concerning, further enquiry of the water company, or a formal build-over agreement where relevant, should follow before exchange.
A clearer report for a critical search
OneSearch has recently refreshed its drainage and water search report, the OneSearch DW, with a focus on clarity and usability. The revamped report is designed to surface the most important results prominently, making it easier for conveyancers to identify issues quickly and communicate them clearly to clients.
In a search that can have significant implications for development potential, mortgage lending, and long-term ownership, a report that is easy to read and act on isn’t a nice-to-have, it’s an essential part of good conveyancing practice.
A drainage search is one of the most consistently valuable searches in the residential conveyancing bundle; not because it always reveals a problem, but because when it does, the implications can be serious, expensive, and not always easy to resolve.
Understanding what it covers, what it doesn’t, and how to read the results is one of the simplest ways a conveyancer can add real value to a client at the point when it matters most… before they commit.
Around 4.98 million homes in England are leasehold. For decades, the system governing those properties has been widely criticised as unfair, opaque, and costly for leaseholders.
The Leasehold and Freehold Reform Act received Royal Assent in May 2024 – but here’s the thing most people miss: becoming law and coming into force are two very different things.
For conveyancers advising clients on leasehold transactions right now, knowing exactly what has changed, what hasn’t yet, and what’s still coming is essential, so here is the topic in 5 minutes:
What does the Act set out to do?
The Act’s aim is to make it easier, cheaper and fairer for leaseholders to extend their lease or buy their freehold. Its headline changes include:
- 990-year lease extensions – up from 90 years for flats and just 50 years for houses
- Removal of marriage value – eliminating the premium leaseholders currently pay on leases under 80 years, potentially saving thousands
- No freeholder cost recovery – leaseholders will no longer have to pay their landlord’s legal and valuation costs when making an enfranchisement or extension claim
- Ban on new leasehold houses – all newly built houses must be sold freehold (with very limited exceptions)
- Service charge transparency – standardised service charge formats, insurance commission bans, and easier Tribunal challenges
- Right to Manage expanded – the non-residential floorspace threshold raised from 25% to 50%, allowing more buildings to qualify
What is actually in force right now?
This is where it gets important. Most of the Act’s provisions require secondary legislation before they take effect. As of early 2026, only three tranches of the Act are live:
- From 24 July 2024: rentcharge enforcement rules and certain Building Safety Act amendments
- From 31 January 2025: removal of the two-year ownership requirement – leaseholders can now pursue a lease extension or enfranchisement claim immediately on purchase, without waiting two years
- From 3 March 2025: Right to Manage threshold increased from 25% to 50% non-residential floorspace; RTM companies no longer automatically liable for landlord’s costs on a claim notice
All other provisions, including the 990-year extensions, removal of marriage value, and the ban on new leasehold houses, remain to be commenced by statutory instrument. The government has not confirmed a timetable for the remaining provisions, and a judicial review challenging aspects of the valuation methodology is ongoing, which may affect implementation further.
What’s still coming – and what to watch for
Beyond the Act itself, the government has signalled further leasehold reform ahead:
- Commonhold revival – plans to ban the creation of new leasehold flats and reinvigorate commonhold as the default tenure for flats
- Ground rent regulation – proposals to cap or regulate ground rents for existing leases (ground rent abolition for new leases is already in force under the Leasehold Reform (Ground Rent) Act 2022)
- Forfeiture reform – ending the ability for freeholders to forfeit a lease over debts as low as £350, a provision widely regarded as disproportionate
- Valuation rates – deferment and capitalisation rates (the key figures for calculating lease extension premiums) still need to be prescribed; until they are, significant valuation uncertainty remains
What does this mean for conveyancers today?
The practical implications of what is already in force are significant:
- Short leases on purchase: buyers can now instruct a lease extension claim immediately on completion, removing the previous two-year wait. For leases approaching 80 years, this changes the advice conversation considerably
- Leases under 80 years: marriage value still applies under current law. Buyers need to understand this clearly – the savings anticipated when marriage value is eventually removed are not yet available
- Valuation uncertainty: with prescribed rates not yet set, premium quotes from different surveyors may vary significantly. Managing client expectations around cost is important
- Timing decisions: some leaseholders may be weighing whether to extend now or wait for the more favourable terms to arrive. There is no single right answer – it depends on lease length, ground rent, and individual circumstances
The Leasehold and Freehold Reform Act is a landmark piece of legislation – but it is being implemented in stages, and most of its headline changes are not yet in force. The gap between the Act becoming law and its provisions taking effect is one of the most common sources of confusion for clients and practitioners alike.
For conveyancers, staying current with each commencement order as it arrives is essential – because the advice you give today may look quite different from the advice that will be appropriate in twelve months’ time.
Nutrient neutrality has quietly become one of the most significant blockers in residential conveyancing, stalling new build transactions across 74 local planning authority areas in England.
It isn’t a planning policy. It isn’t a local authority designation. It’s an environmental legal obligation rooted in European case law, and it has delayed the delivery of an estimated 160,000+ new homes.
The Planning and Infrastructure Act 2025 has set out a new route through the problem, but for now, nutrient neutrality remains live, real, and directly relevant to new build transactions in affected catchments.
Lets squeeze all the knowledge on this new topic into a five minute read.
What is nutrient neutrality?
Nutrient neutrality is the requirement that new housing development must not add additional nitrogen or phosphorus pollution to protected river catchments that are already in poor environmental condition.
It stems from the ‘Dutch Nitrogen Case,’ a 2018 Court of Justice of the EU ruling which established that environmental mitigation measures must be certain and in place before planning permission can be granted, not promised for the future. Natural England applied this ruling to English river catchments, and the consequence has been that planning permission in affected areas can only be granted where a developer can demonstrably offset any additional nutrient load their development would create.
The irony is stark: new homes contribute less than 1% of the nitrogen and phosphorus entering affected rivers. Agriculture and wastewater treatment are overwhelmingly the dominant sources. But it is housing development, not farming, that bears the burden of proof.
Where does it apply?
Nutrient neutrality applies to 27 river catchments spanning 74 local planning authority areas across England. The most affected include:
- The Solent catchment (Hampshire and surrounding areas)
- The River Wye (Herefordshire and into Wales)
- The Norfolk Broads and River Wensum
- The Somerset Levels and Moors
- Poole Harbour and the River Stour
- The River Tees and Cleveland Coast
- The River Eden, River Derwent, and Bassenthwaite Lake (Cumbria)
The affected area has been growing, not shrinking. New catchments have been added over time, and the issue is expected to expand further as more protected sites are assessed.
What does it mean for a new build transaction?
For conveyancers acting on new build purchases in affected catchments, nutrient neutrality can affect transactions at multiple stages:
- Planning permission: developers must demonstrate nutrient neutrality before permission is granted. Where credits aren’t available or mitigation isn’t in place, permission is refused or delayed.
- Discharge of conditions: some sites have planning permission but are caught at the discharge of planning conditions stage, where nutrient evidence must be approved before construction can begin.
- Completion delays: even where construction has started, legal completion may depend on mitigation being formally signed off.
- Credit costs: developers typically pay £2,500 to £10,000 per home for nutrient credits, depending on the catchment , costs which can affect viability and pricing.
What is changing with Nutrient Neutrality
The Planning and Infrastructure Act 2025 introduces Environmental Delivery Plans (EDPs) and a Nature Restoration Fund (NRF) as the long-term solution to nutrient neutrality and similar environmental blockers.
Rather than each developer arranging their own bespoke mitigation, the new system works like this:
- Natural England prepares an EDP for a specific catchment, identifying strategic nature recovery measures.
- Developers pay a levy into the NRF rather than sourcing individual credits.
- Natural England delivers the environmental improvements at catchment scale.
- Once an EDP is in place, development in that catchment can proceed without site-by-site mitigation.
The first EDPs are expected to cover nutrient neutrality catchments, with public consultation anticipated in spring/summer 2026. Until EDPs are formally adopted for a catchment, the existing nutrient neutrality regime continues to apply in full.
How does this appear in property searches?
Nutrient neutrality is not directly flagged in a standard CON29 or LLC search. However, an environmental search for a new build property in an affected catchment may indicate the relevant protected habitat designations, Special Areas of Conservation (SACs) or Special Protection Areas (SPAs), that underpin the nutrient neutrality requirement.
For conveyancers acting on new build transactions, the most important checks are:
- confirming whether the site falls within a nutrient neutrality catchment.
- checking that the developer has obtained and evidenced appropriate nutrient credits or mitigation.
- reviewing planning conditions and their discharge status carefully
- monitoring EDP developments for the relevant catchment as the NRF comes into effect.
Nutrient neutrality is one of those issues that sounds technical and obscure until it stops a transaction in its tracks. For conveyancers working in affected catchments, it is a live and material consideration on every new build instruction.
The Nature Restoration Fund offers a credible route through the problem, but it will take time to land. In the meantime, knowing which catchments are affected, what mitigation looks like, and where the transaction sits in the process is essential knowledge for any conveyancer advising on new build property.
England has some of the fastest eroding coastlines in Europe. Unlike flooding, there is no insurance product for coastal erosion – and no compensation when land is lost. Once it’s gone, it’s gone.
For buyers near the coast, getting the right searches in place isn’t optional. Lets step away from the cliff ledge and discuss erosion in five minutes.
What is coastal erosion?
The gradual or sudden loss of land at the shoreline through waves, tides, and weather, accelerated significantly by climate change and rising sea levels. The most at-risk areas include East Yorkshire, Norfolk, Suffolk, Essex, Kent, the Isle of Wight, and parts of the South West.
Soft cliffs can lose several metres in a single storm. Chalk cliffs erode more slowly but collapse without warning. Sandy coastlines shift constantly. Ground instability can affect land well back from the cliff edge.
How big is the risk?
In January 2025, the Environment Agency published an updated National Coastal Erosion Risk Map (NCERM), the first to incorporate climate change projections. The numbers are significant:
- Around 25,000 residential properties at risk of loss by 2055 under current conditions
- Up to 115,000 properties at risk by 2105 under worst-case climate projections
- Even with Shoreline Management Plans fully implemented, around 40,000 properties remain at risk to 2105
Shoreline Management Plans: the key concept to understand
England’s coastline is divided into policy units under 20 Shoreline Management Plans (SMPs). Each unit is assigned one of four approaches:
- Hold the Line: existing defences maintained
- Advance the Line: new defences built seaward (rare)
- Managed Realignment: controlled retreat, often creating new habitat
- No Active Intervention: no defence investment; shoreline evolves naturally
The critical point: these policies can change across three planning epochs – short (to 2025), medium (to 2055) and long term (to 2105). A property in a ‘Hold the Line’ zone today may transition to ‘No Active Intervention’ within a buyer’s lifetime. That shift has profound implications for long-term value, mortgageability, and saleability.
How does this appear in property searches?
Coastal erosion risk is not covered by the standard CON29. It is captured through an environmental search, which will draw on NCERM data to show:
- whether the property is within an identified erosion risk zone
- risk across short, medium and long-term horizons
- the applicable SMP policy and epoch changes
- any ground instability or landslip risk
Where Coastal Change Management Areas (CCMAs) have been designated by a local authority, these may also appear in the LLC search – restricting future development in zones where coastal change is anticipated.
Coastal erosion is irreversible, uninsurable, and accelerating. For any property near the coast, a standard local authority search alone won’t tell the full story – an environmental search capturing the latest NCERM data is essential.
Helping clients understand not just today’s risk, but how that risk may evolve over the life of their ownership, is one of the most valuable things a conveyancer can do for a buyer purchasing near the coast.
Noise complaints are far more common than buyers expect, and when they escalate, they can leave a clear paper trail that matters in a property transaction.
A Noise Abatement Notice is a formal warning issued by the local authority when noise from a home or business is judged to be a statutory nuisance, something that interferes with health, comfort, or reasonable enjoyment of the area.
Lets cut out all the noise, and tackle this topic in five minutes… starting now!
What actually triggers a Noise Abatement Notice?
Councils typically try to resolve noise issues informally first. If the problem continues, or is likely to recur, they can issue a notice requiring the noise to stop or be reduced. Common triggers include:
- Persistent loud music
- Dog barking
- Commercial activity late at night
- Industrial equipment or machinery
- Noisy extraction or ventilation systems
A notice can require the recipient to limit hours of use, reduce noise at certain times, or carry out remedial works. Failure to comply can lead to fines or seizure of equipment.
Why does this matter in conveyancing?
A crucial point many clients don’t realise: a Noise Abatement Notice can attach to the property, not just the person responsible. If a previous owner caused the problem, the next owner may still inherit the obligation to prevent it happening again.
Local searches may also flag designated Noise Abatement Zones, or entries in local noise registers. These can signal a history of noise issues in the immediate area, something that can influence suitability for residential living or future enjoyment.
Neighbour notices vs property notices
If the notice was served on a neighbouring property, it may not appear in the local search. That’s where practical due diligence comes in:
- Checking seller replies to enquiries
- Visiting the area at different times of day
- Listening for commercial or leisure noise nearby
- Asking about complaints or ongoing disputes
These simple checks help build a more realistic picture of day‑to‑day living conditions.
What conveyancers should highlight
When noise abatement comes up, clients may worry unnecessarily. A quick, confident explanation helps them understand:
- Whether any notice applies directly to the property
- Whether any restrictions remain in place
- Whether the area has ongoing noise‑management issues
- What rights and obligations they would inherit
It’s all about helping them distinguish between a past, isolated incident and a pattern of disturbance.
Noise abatement isn’t just about loud neighbours, it’s about whether a property sits in an area where noise has been a problem before, where enforcement is active, or where changes in the local environment could affect quality of life.
Clear, early guidance helps buyers set realistic expectations, avoid surprises, and feel more confident about whether the property, and the peace and quiet they hope for, is right for them.
Few infrastructure projects in British history have shaped, disrupted, and divided property markets quite like High Speed 2.
And with the project now in the middle of a significant reset, with one leg cancelled, safeguarding lifted on large sections of the route, and a new delivery baseline expected this year, this is one of the most consequential and complex searches a conveyancer may encounter.
Here’s what you need to know, and what to tell your clients.
What is HS2?
High Speed 2 is the UK’s flagship high-speed rail programme, designed to connect London with Birmingham and, originally, onward to Manchester and Leeds. Phase 1 – the London Euston to Birmingham Curzon Street section – is currently under construction, with an initial operational section between Old Oak Common in west London and Birmingham the current priority.
The project aims to:
- increase rail capacity on one of the UK’s busiest corridors
- reduce journey times between major cities
- free up capacity on the existing West Coast Main Line for regional and freight services
- support economic growth across the Midlands and beyond
When fully operational, HS2 trains will run at up to 225mph, carrying up to 1,100 passengers per service.
What’s changed – and where does HS2 stand now?
The project has undergone dramatic changes since its original conception. In October 2023, the then-Prime Minister Rishi Sunak cancelled the northern leg – the Birmingham to Manchester section (Phase 2b West) and the Birmingham to Leeds section (Phase 2b East) – citing spiralling costs and delivery concerns.
Since then, the safeguarding picture has changed significantly:
Phase 1 (London to Birmingham)
Construction is underway. Safeguarding remains firmly in place. This is the active section of the project and the one most directly relevant to property searches in affected local authority areas.
Phase 2a (West Midlands to Crewe)
Safeguarding was lifted in January 2024 across the majority of this section. A small area near Handsacre remains safeguarded, where Phase 1 connects to the West Coast Main Line. Property owners along the former Phase 2a route are generally no longer eligible for HS2 property schemes, though the Need to Sell scheme remains open in some cases.
Phase 2b East (West Midlands to Leeds)
Safeguarding Directions were removed in July 2025. The government is now preparing to dispose of over 550 properties along the former Eastern Leg, with open market disposals expected to begin in 2026. Former owners whose properties were acquired under statutory blight will have the opportunity to reacquire at current market value before open market sales begin.
Phase 2b West (Crewe to Manchester)
Safeguarding remains in place on the Western Leg pending further government decisions. The position here is still under review, meaning this section continues to have live implications for property transactions in affected areas.
Programme reset in 2026
The government has acknowledged that HS2 will not be ready by its previous 2033 target. A full delivery reset is underway, with a new baseline for cost and timeline expected to be published in 2026. Until then, some uncertainty remains around the precise scope and schedule of what is still being built.
Why does HS2 matter to property transactions?
HS2 can affect a property in multiple ways, even where the impact is not immediately obvious:
- Compulsory purchase: Properties within the safeguarded area may be subject to statutory blight, giving owners the right to require HS2 to purchase at unblighted market value.
- Generalised blight: Properties near but outside the safeguarded zone may have suffered reduced market value due to proximity to the route, construction activity, or noise and disruption.
- Noise and vibration: At 225mph, HS2 trains generate significant noise. Properties within certain proximity bands along the active route may be affected during both construction and operation.
- Mortgageability: Some lenders have treated properties within or close to safeguarded zones with caution. Buyers and their solicitors should be alert to any lender requirements around HS2 proximity.
- Future value and saleability: Properties near HS2 stations may benefit in the longer term. Those mid-route may face different considerations depending on whether the line runs above or below ground at that point.
What does a CON29 reveal about HS2?
The CON29 includes a mandatory question (CON29 Question 3.7) asking whether a property is within 200 metres of a proposed or existing railway. This will capture Phase 1 properties in many affected local authority areas.
However, the CON29’s 200-metre radius is widely acknowledged to be insufficient for a project of HS2’s scale. Noise, vibration, construction disruption, and blight can affect properties considerably further from the line. For this reason, a dedicated HS2 search is often the appropriate additional product for properties anywhere near the Phase 1 route.
A specialist HS2 search will typically confirm:
- the nearest distance between the property and the route
- the maximum speed of trains at the nearest point (relevant to noise assessment)
- whether the property falls within a safeguarded area or compensation zone
- applicable property assistance schemes and compensation entitlements
- relevant construction timelines for the area
Which local authority areas are affected?
For Phase 1, the most directly affected local authorities include areas such as Camden, Islington, Westminster, Ealing, Brent, Harrow, Hillingdon, Hammersmith and Fulham, South Buckinghamshire, Chiltern, Aylesbury Vale, Cherwell, South Northamptonshire, Stratford-on-Avon, Warwick, North Warwickshire, Birmingham, Solihull, Lichfield, and Tamworth.
In areas where safeguarding has been lifted (Phase 2a and Phase 2b East), the direct property scheme implications have largely receded, though conveyancers should be alert to residual blight questions and the timeline of any ongoing disposals.
HS2 is simultaneously one of the most consequential and most complex infrastructure searches a conveyancer can encounter. Phase 1 is live and under construction; Phase 2b West remains safeguarded; Phase 2a and Phase 2b East have seen safeguarding lifted but bring their own transitional questions around disposals and residual blight.