What If Property Searches Reveal Problems?

When a buyer's solicitor orders property searches, the results can occasionally flag issues that need further attention. As a seller, this can feel alarming — but understanding what happens next, what your options are, and how to respond effectively is the key to keeping your sale on track.

This guide explains the most common types of search problems, how they affect the conveyancing timeline, and the practical steps sellers in England and Wales can take to resolve them.

Why do property searches sometimes flag problems?

Property searches are designed to uncover information about a property and its surrounding area that would not be apparent from a physical inspection alone. The standard search pack typically includes a local authority search, drainage and water search, environmental search, and sometimes additional searches such aschancel repair or mining searches depending on the property's location.

Each search draws on different data sources — council planning records, Environment Agency flood maps, water company drainage records, British Geological Survey data, and historical land use mapping. When any of these sources indicates a potential risk or discrepancy, the search report flags it for the buyer's solicitor to investigate further.

Flagged results are common. According to the HomeOwners Alliance, the majority of property transactions involve at least one follow-up enquiry arising from search results. The important point for sellers is that a flagged result is not a deal-breaker — it is the starting point for a conversation about how to manage the identified risk.

Common problems revealed by each type of search

The nature of the problem depends on which search has flagged it. Below is an overview of the most common issues arising from each search type and their typical impact on a sale.

For detailed guidance on specific search types, see our guides to local authority searches, environmental search results, and drainage searches.

What happens when a search flags an issue

The process that follows a flagged search result is broadly the same regardless of which search raised the concern. Understanding this process helps you prepare and respond effectively.

1. The buyer's solicitor reviews the search results and identifies any flags that require further investigation. They assess the severity of each issue and whether it affects the buyer's ability to secure a mortgage.
2. Enquiries are raised with your solicitor. The buyer's solicitor sends formal written enquiries asking you to explain the flagged issue, provide supporting documentation, or confirm specific facts about the property.
3. Your solicitor forwards the enquiries to you. You will need to provide honest, detailed answers. If you have already completed your property information form thoroughly, many enquiries can be answered by referring to information you have already provided.
4. Further reports or insurance may be recommended. Depending on the severity of the issue, the buyer's solicitor or lender may request a specialist report (such as a flood risk assessment or Phase 1 contamination desk study) or recommend indemnity insurance.
5. Negotiations may follow. If the issue affects the property's value or requires the buyer to incur additional costs, they may request a price reduction. This is not inevitable, but sellers should be prepared for the possibility.
6. The sale proceeds or, in rare cases, falls through. Once the issue is resolved to the satisfaction of the buyer, their solicitor, and their lender, the sale moves toward exchange. If the issue cannot be resolved, the buyer may withdraw. For more on why transactions fail, see our guide on why house sales fall through.

Flood risk and environmental problems

Flood risk is the most common environmental issue to affect a property sale. The Environment Agency classifies land into Flood Zones 1, 2, 3a, and 3b, with Zone 1 being the lowest risk. Properties in Flood Zones 2 and 3 will almost certainly trigger follow-up enquiries from the buyer's solicitor and lender.

If your property is flagged for flood risk, the buyer's solicitor will typically ask whether the property has ever flooded, what flood defence measures are in place, and whether buildings insurance including flood cover is available at a reasonable cost. Mortgage lenders may refuse to lend on properties in Flood Zone 3 without evidence of flood defences and adequate insurance.

As a seller, you can help by providing your current insurance schedule (showing flood cover is included), documenting any flood resilience measures you have installed, and disclosing any flooding history honestly on Section 7 of the TA6 form. For a detailed breakdown of what flood risk searches check, see our guide to flood risk searches and what they mean.

Other environmental issues such as contaminated land, radon risk, and ground instability follow a similar pattern. The buyer's solicitor raises enquiries, and the severity of the issue determines whether further investigation is needed. A Phase 1 contamination desk study costs approximately £300 to £800, while radon testing can be done for around £30 to £50 using a postal kit from the UK Health Security Agency.

Planning and local authority problems

The local authority search can reveal planning-related issues that surprise sellers. Common problems include:

• Unauthorised building works — If you or a previous owner carried out building work without the necessary planning permission or building regulations approval, the search may flag this. The council has up to four years to take enforcement action for operational development and up to ten years for a change of use (or no time limit for listed buildings).
• Planning conditions not discharged — If planning permission was granted subject to conditions that were never formally discharged, the buyer's solicitor will ask for evidence that the conditions have been met.
• Tree preservation orders (TPOs) — A TPO does not prevent a sale, but the buyer needs to know that certain trees cannot be cut down, lopped, or uprooted without the council's consent.
• Conservation area designation — Properties in conservation areas are subject to additional planning restrictions on demolition, external alterations, and development. This is not necessarily a negative — many buyers value conservation area status — but it must be disclosed.
• Proposed road schemes or compulsory purchase — If the council has plans for road widening, new infrastructure, or compulsory purchase that could affect the property, this will be flagged and is likely to concern the buyer.

For unauthorised works, the most common solutions are applying for retrospective planning permission (if the works are capable of being approved), obtaining a certificate of lawfulness if the enforcement time limit has passed, or taking out indemnity insurance. Your solicitor will advise on the appropriate route.

Drainage and water supply problems

The drainage and water search checks how your property connects to the public water supply and sewerage network. Common problems include:

• Public sewer crossing the property — If a public sewer runs under or near your property, the water company has a right of access for maintenance. This can restrict what you build on the affected area and may require a build-over agreement if any structures are already in place above the sewer.
• Private drainage systems — Properties not connected to mains drainage that use septic tanks, cesspits, or package treatment plants must comply with the Environment Agency's General Binding Rules or hold an environmental permit. The buyer's solicitor will want evidence of compliance and recent servicing.
• No record of connection — Occasionally, the water company's records do not show a property as being connected to the public sewer, even though it physically is. This requires investigation and may involve the water company confirming the connection on site.

Drainage issues are rarely deal-breakers, but they can cause delays if the seller does not have documentation readily available. If you know your property uses private drainage, gather your maintenance records, permit documentation, and any installation certificates before listing.

How sellers should respond to search problems

The way you respond to search-related enquiries directly affects how quickly the sale progresses. Here are the practical steps every seller should follow.

1. Respond promptly and honestly

When your solicitor sends you the buyer's enquiries, aim to respond within 5 to 10 working days. Delayed responses are one of the most common causes of conveyancing hold-ups. Be honest in your answers — under English and Welsh law, you have a legal duty not to misrepresent the condition or circumstances of your property. If you do not know the answer to a question, say so rather than guessing.

2. Provide supporting documentation

Documentation is your best friend when search problems arise. Insurance schedules, building regulations completion certificates, planning permissions, drainage maintenance records, flood resilience installation certificates, and correspondence with local authorities all help satisfy enquiries without the need for expensive further investigations.

3. Consider indemnity insurance

For many search-related issues, indemnity insurance offers a cost-effective solution. A one-off premium — typically £20 to £300 — protects the buyer and their lender against the risk of the identified issue causing a financial loss in the future. Common examples include chancel repair indemnity, lack of building regulations indemnity, and planning enforcement indemnity. Your solicitor can arrange this, and the seller often pays for the policy as part of the sale.

4. Be open to negotiation

If search results reveal a significant issue that was not reflected in the sale price, the buyer may request a reduction. Rather than refusing outright, consider the cost of the issue objectively. A modest price adjustment that keeps the sale alive is often preferable to starting the marketing process again with a new buyer who will discover the same issue through their own searches.

5. Keep communication flowing

Stay in regular contact with your solicitor and your estate agent throughout the process. If there is a delay in obtaining a specialist report or documentation, let the buyer's side know. Silence breeds uncertainty, and uncertainty causes buyers to walk away. For more tips on maintaining momentum, see our guide on how to speed up conveyancing as a seller.

Preparing for search problems before you list

The most effective way to handle search problems is to identify them before they become a problem. Sellers who take a proactive approach can address issues on their own terms, without the pressure of a buyer waiting in the wings.

• Order upfront searches — By commissioning your own search pack before listing, you can see exactly what the buyer's solicitor will find. This gives you time to gather documentation, obtain indemnity insurance, or apply for retrospective planning permission before the sale is underway. See our guide on ordering searches before selling for details.
• Complete your TA6 form thoroughly — The TA6 Property Information Form asks about flooding, environmental issues, planning, boundaries, disputes, and services. Answering every question fully and honestly from the outset means you are already ahead when the buyer's solicitor raises search-related enquiries.
• Gather key documents — Planning permissions, building regulations completion certificates, FENSA or CERTAS certificates for windows and doors, Gas Safe certificates, electrical installation certificates, insurance schedules, and drainage maintenance records should all be collated before listing.
• Check free resources — Use the GOV.UK long-term flood risk service to check your flood zone, contact your local authority's planning portal to review your property's planning history, and check your water company's website for sewer maps.

When search problems cannot be resolved

In a small number of cases, search problems prove insurmountable. This typically happens when:

• The buyer's mortgage lender refuses to lend because of a flood risk, contamination, or structural concern that cannot be adequately mitigated.
• The cost of resolving the issue (for example, a major drainage upgrade or contamination remediation) exceeds what the buyer is willing to fund or the seller is willing to adjust for in the sale price.
• An enforcement notice is in place that requires the seller to undo building work, and the cost of reinstatement is prohibitive.
• A compulsory purchase order threatens the property's long-term viability and the buyer does not wish to proceed.

If your sale falls through because of search problems, you have several options. You can address the issue (if possible) before relisting, adjust your asking price to reflect the known problem, market to cash buyers who are not constrained by lender requirements, or seek specialist legal advice on resolving the underlying issue. Transparency in your listing and TA6 form will help attract buyers who are willing to proceed with full knowledge of the situation.

The role of indemnity insurance in resolving search issues

Indemnity insurance is one of the most commonly used tools for resolving search-related problems in property transactions. It is a one-off policy (no annual renewal) that compensates the insured party if the identified risk materialises in the future.

Common indemnity policies used in conveyancing include:

• Chancel repair indemnity — Covers the risk of the church demanding a contribution towards chancel repairs. Cost: typically £20 to £50.
• Lack of building regulations indemnity — Covers the risk of the local authority requiring remedial work for alterations completed without building regulations approval. Cost: typically £30 to £100.
• Planning enforcement indemnity — Covers the risk of the council taking enforcement action against unauthorised development. Cost: typically £50 to £200.
• Contaminated land indemnity — Covers the risk of remediation costs if land is formally designated as contaminated. Cost: varies, typically £50 to £300.
• Search validation indemnity — Covers the risk arising from using searches that are nearing or past their typical validity period. Cost: typically £20 to £80.

It is important to note that indemnity insurance must be arranged before any enquiries are made with the relevant authority, as approaching the authority (for example, contacting the council about a planning issue) can invalidate the policy. Your solicitor will advise on when indemnity insurance is appropriate and when the underlying issue should be resolved directly instead.

How search problems affect the conveyancing timeline

Search problems inevitably add time to the conveyancing process. The extent of the delay depends on the nature of the issue and how quickly the seller responds.

For more information on how long searches and the overall conveyancing process take, see our guide on how long property searches take.

Sources and further reading

• GOV.UK — Check long-term flood risk: check-long-term-flood-risk.service.gov.uk
• Environment Agency — Flood risk and coastal change guidance: gov.uk/guidance/flood-risk-and-coastal-change
• Law Society — Conveyancing Protocol and property information forms: lawsociety.org.uk
• HomeOwners Alliance — Property search problems and conveyancing advice: hoa.org.uk
• GOV.UK — Contaminated land guidance for local authorities: gov.uk/guidance/land-contamination-how-to-manage-the-risks
• GOV.UK — When is permission required for building work: gov.uk/planning-permission-england-wales
• Environment Agency — General Binding Rules for small sewage discharges: gov.uk/guidance/general-binding-rules-small-sewage-discharge-to-the-ground
• Property Codes Compliance Board (PCCB) — Standards for regulated property search providers: pccb.org.uk
• National Trading Standards — Material Information in property listings guidance: nationaltradingstandards.uk
• Flood Re — How the scheme works and eligibility criteria: floodre.co.uk

Frequently asked questions