When clients buy a new‑build home, they usually assume the road outside will work like any other: maintained by the council, gritted in winter, potholes fixed, streetlights replaced.
But thousands of roads across England and Wales aren’t yet adopted, and that small detail can have a big impact on maintenance, access and future costs.
Here’s a quick, five-minute guide you can share with clients before surprises start popping up.
What does ‘Highways Adoption’ mean?
A road is adopted when the local authority agrees to maintain it at public expense under the Highways Act 1980. If it’s not adopted, responsibility usually sits with the developer or the homeowners who front onto it.
Local searches will flag whether a road is:
- Public highway maintained at public expense
- Private / unadopted road
- Prospectively maintainable (the developer intends adoption but it isn’t complete yet)
These distinctions matter because the ownership, upkeep, and rights of passage differ significantly across each category.
Why are many new‑build roads still unadopted?
Most developers build roads under a Section 38 Agreement, confirming the council will adopt the road once the works meet required standards. But delays happen, and until the agreement is fully executed, the road remains the developer’s responsibility.
Common reasons for delays include:
- Outstanding remedial works
- Incomplete lighting or drainage
- Slow sign‑off from the council
- Disputes over final surfacing
- Bonds or guarantees still being held
It’s not unusual for adoption to take several years after the homes are occupied.
What risks does an unadopted road create for a buyer?
1. Maintenance costs
If a road isn’t adopted, residents may be asked to contribute to repairs, resurfacing, or lighting. Local authority data helps clarify who is responsible for maintenance, and warns when homeowners may be on the hook.
2. Access rights uncertainty
Local searches will confirm whether the property actually abuts an adopted highway, or whether intervening land or unregistered verges could complicate access. Sometimes this requires follow‑up checks with the Highways Authority.
3. Lender concerns
Many lenders expect clear, permanent access to a public highway.
A private or unadopted road could trigger extra enquiries, delays or indemnity requirements.
4. Impact on resale
Buyers may hesitate if they discover long‑term adoption delays or private maintenance obligations.
Private doesn’t always mean privately maintained
A private road simply means it isn’t maintained by the local authority. It does not automatically mean residents must fix every pothole themselves. Depending on the development, maintenance may fall to:
- A management company (albeit with the bill footed by the residents)
- A developer
- A mix of residents and private contractors
- Occasionally, shared or historic maintenance arrangements
Ownership, access and maintenance are three separate things – and a private road only answers one of them.
Unadopted doesn’t mean “no access”
Buyers often worry that an unadopted road means they have no legal right to drive to their home. In reality, access is usually protected through:
- Express easements granted in the transfer deeds.
- Public rights of way (a road can be a public highway but remain unadopted and privately maintained).
- Restrictive or positive covenants in new-build documentation.
(Quick additional note: For older, established properties, access might also be gained through “implied rights through long use,” but new-build buyers rely entirely on what is written in the deeds). The only real issue is when these rights aren’t clearly documented, which is exactly what your searches and title review will pick up early.
How a Local Search helps
Your regulated local search such as OneSearch Prime highlights:
- Whether the road is adopted, private, or prospectively maintainable
- Who is responsible for maintenance
- Any associated Section 38 or Section 278 agreements
- Public rights of way running alongside the road
- Related traffic schemes or orders impacting access
This gives conveyancers the evidence they need to advise on risk, ask targeted questions, or, where necessary, recommend an indemnity.
What should buyers do if the road isn’t adopted?
Point them towards these simple steps:
- Ask for confirmation of any Section 38 Agreement – Has it been executed? How far through the process is it?
- Check who maintains the road today – Developer? Management company? Residents?
- Clarify costs – Are homeowners responsible for private upkeep or service charges?
- Consider future‑proofing – If adoption seems unlikely, an indemnity or management plan may be needed long‑term.
Highways adoption is one of those issues that only becomes a problem after clients move in, unless it’s picked up early through a regulated local search. Clear, early advice makes all the difference.
One theme which stands out from Landmark’s latest residential property market research is that data integrity is no longer a back-office concern, it’s a front-line priority.
In an industry where speed, certainty and compliance define success, the quality and accessibility of property data could make or break a transaction.
Why data integrity matters
Every conveyancer knows the frustration of chasing missing information. The market research shows that 43% of transactions still require additional enquiries because of incomplete or inaccurate data at the outset, a figure that has barely shifted from last year. These gaps don’t just slow down the process; they erode client confidence and increase the risk of fall-throughs.
When data is fragmented or unreliable, the knock-on effects are significant. Longer timelines, heavier workloads and more pressure on fee earners are common outcomes. Conveyancers report spending 41% of their day chasing updates, highlighting how poor data quality translates directly into lost productivity.
The challenges behind the scenes
So why is data integrity such a persistent issue? The research points to several barriers. When asked for top three biggest frustrations with the transaction process, poor system integration and interoperability are cited by over a third of respondents (37%) as major challenges. Inconsistent data standards and formats add complexity, while security and compliance concerns remain for a similar proportion.
Legacy technology and limited IT capacity also continue to slow progress. These issues make it harder to share accurate, standardised data across all parties involved in a transaction. Digital transformation is accelerating, but risk aversion and technical issues are seen as key obstacles, with some interesting shifts compared to last year explored further in the report.
Technology is also playing a growing role. This year’s report highlights a marked increase in the use of Automation and AI, now adopted by around three-quarters (78%) of firms to support fee earners, double last year’s figure (39%). The report explores which tasks benefit most, and where firms expect the next wave of impact.
The case for early, accurate data
Early, accurate data brings clear advantages. A strong majority of conveyancers believe that earlier insights provide greater certainty to buyers, help speed up transactions and reduce enquires. In other words, data integrity isn’t just about compliance; it’s about creating a smoother, more predictable experience for everyone involved.
What conveyancers want from providers
Conveyancers value upfront insights that reduce delays and improve certainty. They also expect workflow integration that fits seamlessly into their existing processes. These priorities underline a growing expectation that providers will not only supply data but ensure its accuracy, accessibility and relevance from the very start of the process.
The Road Ahead
The message from the market is simple: data integrity is the foundation of faster, safer property transactions. Firms that invest in technology, embrace automation and prioritise accurate, accessible data will be best placed to thrive in a competitive landscape.
Download our market research report, Paving the way for smarter residential conveyancing in 2026, by clicking on the image below.
As 2026 rolls on, the residential property market finds itself at an important juncture. Following several years marked by fluctuating activity, shifting consumer sentiment and operational pressure across the transaction pipeline, one priority is now shared across professionals: the need for greater certainty in property transactions.
This theme sits at the centre of Landmark’s latest webinar, Residential property market: Key trends that will shape 2026, and the accompanying cross‑market report, An industry aligned: Moving towards certainty. Together, they draw on insights from our property trends data, transaction milestone data and the latest market and consumer research, offering a comprehensive view of the market’s trajectory and the practical steps needed to improve transaction outcomes.
A mixed picture for the property market in 2025
The market in England and Wales experienced a mixed picture throughout 2025. Listing activity remained comparatively resilient in the first half of the year before softening in the second half as uncertainty surrounding potential fiscal changes in the lead up to the Autumn Budget tempered momentum. SSTC volumes mirrored this pattern, with Q4 highlighting the sensitivity of the market to wider economic sentiment.
Conveyancing activity reflected similar fluctuations. The completion surge driven by the Stamp Duty (SDLT) deadline – and subsequent dip – followed by the autumn slowdown illustrated the operational unpredictability many conveyancing firms had to absorb over the course of the year. These fluctuations did not halt the market, but they made the process less predictable for both professionals and consumers alike.
Understanding the expectation gap
One of the clearest findings from the new report is the gap between consumer expectations and the reality of transaction times. While the average instruction‑to‑completion figure stands at 123 days (17.6 weeks), the latest consumer ideal is actually 6.78 weeks.
This gap has a direct impact on satisfaction, communication pressure and fall‑through risk. Yet, as our panellists discussed, consumers are increasingly open to reform. Not only are they willing to instruct a conveyancer earlier for faster outcomes, but they are also open to paying agents and conveyancers upfront for services that promote transparency, speed and efficiency.
Scotland provides a stable comparative model
Against the wider backdrop of volatility in England and Wales, Scotland’s market delivered greater consistency in 2025. Modest year‑on‑year increases across listings, Sold Subject to Missives (SSTMs) and completions reflect a more predictable and stable operational environment – one strengthened by established expectations around upfront information.
Discussions during the webinar highlighted that several practical elements of the Scottish model could be adopted within England and Wales without waiting for legislative intervention, such as surfacing trusted upfront information earlier in the process. Across most key metrics, the Scottish transactional process is more efficient, offering a proven comparative model.
A shared direction for 2026
Across estate agents, conveyancers, lenders and wider stakeholders, one message from the webinar was consistent: the industry is aligned on the need to bring greater certainty of property transactions completing. Early data, improved sequencing, consistent communication and shared responsibility for the consumer education process are central to this premise.
As Rob Gurney, Managing Director at Ochresoft, put it: “If the average home seller doesn’t know that there are benefits from instructing their lawyer at the point of listing or even earlier, then they’re not going to. They need to be told. My plea to the industry is: let’s try and educate the home-moving public of the virtues of getting a lawyer instructed earlier.”
To explore these trends in depth, including detailed analysis from our panel and a walkthrough of the data that shaped last year and informs 2026, you can now watch the webinar on‑demand. It is designed for professionals across the property, legal and lending sectors who are seeking a clearer understanding of the forces shaping the residential property market in 2026.
Alongside the webinar, the full cross‑market report – An industry aligned: Moving towards certainty – is also available to download. Together, they provide data proof points and a consolidated view of consumer expectations, operational performance and the actions that can help the industry deliver more certain, confident transactions this year.
Flood risk is one of the most important environmental considerations in any property transaction. It affects insurance, mortgageability, future development, and sometimes the long‑term comfort of simply living in the home.
Yet many clients only think about flooding in terms of rivers bursting their banks, when the real picture is far broader and more nuanced. This short guide explains the different types of flood risk, how they appear in searches, and what buyers should be thinking about before committing to a purchase.
What Do We Mean by Flood Risk?
Flood risk describes the likelihood of water affecting a property from a variety of sources. River and coastal flooding are the most well‑known, but surface water flooding, groundwater flooding, overloaded drains, failing infrastructure and even blocked culverts can all pose significant hazards. Modern environmental searches draw from national mapping, historic incidents and modelling to assess the level of risk for a specific location, but risk varies over time based on weather, land use and climate patterns.
Types of Flooding Clients Should Understand
There are several categories buyers should be aware of.
- River flooding occurs when rivers overflow their banks after heavy or prolonged rainfall.
- Coastal flooding occurs in low‑lying coastal areas during storms or high tides.
- Surface water flooding happens when rain cannot drain away quickly enough, often following intense downpours.
- Groundwater flooding arises where water tables rise and seep into basements or low‑lying land.
- Sewer flooding happens when drainage systems are overwhelmed or blocked.
Each behaves differently, appears in different map layers and may have different implications for insurance and property use.
How Does Flood Risk Appear in Searches?
Environmental searches typically highlight: flood zone classifications; surface water risk mapping; historic flood events; proximity to rivers, coastlines or flood defences; risk from reservoirs or canals; groundwater susceptibility; sewer flooding history; and whether the site is subject to flood alerts or warnings. Planning records may also contain flood‑related conditions, such as requirements for flood‑resilient construction, finishes, or safe access and escape routes. Together, these elements help conveyancers interpret whether the risk is theoretical, low‑level, or something that warrants further investigation.
What Should Buyers Be Aware Of?
Clients should understand that “flood zone” does not always equate to insurance difficulty — some high‑zone areas have excellent defences, while some low‑zone areas flood because of poor surface water drainage. Insurance is often the most practical lens: can the buyer obtain cover at a reasonable cost and on standard terms? Lenders may also want reassurance that insurance is available. Buyers planning extensions or significant alterations should note that high‑risk areas may require a Flood Risk Assessment as part of a planning application, and may face stricter design and mitigation requirements.
What About New‑Build Developments?
New‑build homes in flood‑prone areas often include engineering measures such as raised floor levels, flood‑resilient materials, sustainable drainage systems (SuDS) and attenuation features designed to slow or store rainwater. While these are generally positive, they sometimes come with management charges or long‑term maintenance requirements. Buyers should understand the purpose of any on‑site ponds, tanks or swales, who maintains them, and whether they impose any restrictions on landscaping or construction.
How Should Conveyancers Advise on Flood Risk?
The best approach is to take search results seriously but calmly. Many flagged risks simply warrant extra checks or insurance confirmations rather than derailing the transaction. Conveyancers should recommend that clients: review insurance availability early; consider a specialist flood risk report if search results indicate medium or high risk; understand the history of the property, including any known flood incidents; and, where relevant, obtain clarity from the seller about any mitigation measures already in place. Clients should also know that flood risk can affect resale value and buyer perception.
Flood risk is complex, but manageable with the right guidance. By explaining the different types of flooding, helping clients interpret search results, and encouraging early insurance checks, conveyancers can give buyers confidence and clarity.
In many cases, the presence of flood risk is a sign to gather more information – not a reason to walk away. What matters most is understanding the level of risk, how it affects the property, and what steps can be taken to minimise it now and in the future.
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.
Subsidence and mining aren’t exactly the glamorous side of property (unless you’re particularly fond of soil classifications), but they’re hugely important for understanding how safe, stable and mortgage‑friendly a home really is.
For conveyancers, agents and lenders, these risks sit quietly beneath the surface – sometimes literally – waiting to be discovered during due diligence.
For buyers, too, they matter more than most realise. After all, nobody wants to move into their dream home only to learn it’s doing a gradual impersonation of the Leaning Tower of Pisa.
What Do We Mean by Subsidence?
Subsidence is the downward movement of the ground beneath a building, causing the structure to shift or crack. It can be triggered by:
Shrink‑swell clay soils
These expand in winter, contract in summer, and generally behave like a moody teenager – unpredictable and occasionally dramatic.
Tree roots
Large trees can draw moisture from the soil, causing it to contract. Lovely to look at, less lovely when your bay window starts to twist.
Drainage or leaks
Escaping water can wash away fine materials in the soil, undermining foundations.
Historic development or ground disturbance
Old landfills, made‑up ground or former industrial plots can behave inconsistently over time.
While many causes are harmless or easily managed, some require early attention to avoid major repair bills later.
Where Does Mining Risk Come In?
Mining activity, especially historic coal, tin, ironstone or chalk works, can leave behind voids, shafts, tunnels or weakened ground. These aren’t always obvious on the surface, but they can affect stability long after the last miner clocked out.
Mining risks can include:
- Old mine workings
- Collapsible ground
- Unrecorded shafts
- Opencast sites
- Ground gas issues in former mineral areas
Properties in historic mining regions often require a specialist mining report, which is as thrilling as it sounds but very important.
Why Subsidence & Mining Matter in Conveyancing
Both issues influence safety, long‑term maintenance, mortgageability and insurance. Lenders want reassurance that the property isn’t at unusual risk, insurers want to price the risk accurately, and buyers want walls that don’t crack every time it rains.
Common red flags include:
- Reports of past subsidence
- Claims history
- Local geology indicators
- Known mine workings
- Previous stabilisation works
- Structural movement noted in surveys
Explaining these clearly to clients builds trust and helps them understand whether the risk is low, manageable or something that needs deeper investigation.
How Buyers Can Protect Themselves
Fortunately, most subsidence and mining risks can be understood early through:
- Environmental and mining searches
- Building surveys
- Engineer evaluations where needed
- Local authority knowledge
- Specialist Coal Authority reports
- Checking insurance history
- Talking to neighbours (always more fun than it sounds)
Early clarity helps avoid renegotiations, insurance surprises or unwelcome discoveries after completion.
Subsidence and mining might not be the most exciting topics at a viewing, but they’re among the most important. These issues don’t have to be deal‑breakers; in fact, most are perfectly manageable when spotted early. The real value comes from taking a calm, methodical look at the property’s history and the ground beneath it.
Think of subsidence and mining risks as the quiet characters in the background of the transaction: not showy, not dramatic, but incredibly influential. Spot them early, explain them clearly, and your clients will feel far more grounded… in every sense.