Local authority search delays: what buyers and sellers need to know

In late November 2025, three London local authorities – Westminster City Council, the Royal Borough of Kensington and Chelsea (RBKC), and the London Borough of Hammersmith & Fulham – suffered a major cyber-attack targeting their IT infrastructure and systems.

This has caused significant delays and disruption to the production of local authority searches, which, in turn, has a fundamental impact on property transactions within these boroughs. The local authority search is the most important of the usual conveyancing searches because it comprises local land charges, the planning and building control history of a property, and environmental and infrastructure checks.

Three months on, RBKC is still unable to process or accept any such searches. While Westminster is now accepting searches again, it does not expect to be able to process the pending searches from late November 2025 until 2 April 2026, and even then, there will still be a significant backlog. Hammersmith & Fulham has managed to restore its IT system and process all outstanding local authority searches.

The persistent delays mean many transactions are at risk of delay or collapsing entirely. Prudent advisors should act now to explore the options available with their clients to mitigate any adverse impact.

Consider a 'no search' or 'delayed search' indemnity insurance policy

These policies are intended to provide the client (and/or lender) with financial compensation should an 'adverse entry' be discovered following completion (which would have been revealed by the missing search) that would lead to a reduction in the market value of the property.

An adverse entry is one that is an outstanding financial charge or an entry that affects the market value of the property, such as an enforcement notice. Indemnity insurance will not protect the buyer or their lender from entries that may affect the use and enjoyment of the property or that may have deterred a potential purchaser from purchasing it in the first place, such as a planned nearby road or transport scheme (essentially subjective matters).

The cover would generally include the cost of remedying or removing the adverse entry and/or the reduction in the market value of the property as a result of an enforcement scenario.

Some (but certainly not all) lenders will accept indemnity insurance, so it is worth checking with the proposed lender at the outset whether this is a possibility. The UK Finance Mortgage Lenders (UKFML) Handbook usually states whether a high street lender will accept indemnity insurance in lieu of searches. For private banks, it is usually a matter to be raised with credit, who may consider on a case-by-case basis.

Conditional exchange

Consider whether a conditional exchange can be agreed with the seller, based on the results of the local authority search not revealing any new material adverse entries.

This would work by ensuring that if the search reveals an outstanding financial charge or an entry that materially adversely affects the value of the property, you have the right to rescind the contract if the seller is unable to rectify the adverse entry.

Similar to the indemnity insurance option discussed above, it will not allow parties to rescind for subjectively adverse entries, such as the property being located within close proximity of traffic management measures.

This option will only work where completion is proposed to be some time after the searches are expected to be returned, and you need to agree a suitable long stop provision. 

Personal searches

Clients could also consider obtaining a personal search, whereby a third-party search provider attends the offices of the local authority to compile the search, if these become available ahead of official local authority searches.

In our recent experience, personal search appointments are so delayed that they are no quicker than the full search itself. They are also not always acceptable to lenders (again, we would need to check the UKFML Handbook or take the lender's instructions here), and advisers should carefully check the limit of cover of the personal search provider's professional indemnity insurance policy.

Proceed without

If the buyer is a cash purchaser, they may well consider proceeding without indemnity insurance or a conditional exchange. This is only advisable if they are willing to accept the risk that a significant issue affecting the property may not be identified. Some other scenarios where this may be appropriate include:

• those where an existing lender is refinancing the property;
• a historic local authority search is available; and
• if the client fully appreciates the risks of proceeding without a search.

Manage expectations

As always, have early conversations around these solutions and maintain clear lines of communication with the parties involved in the transaction to manage expectations accordingly.

For sellers looking to launch properties to the spring market, we would strongly recommend you instruct a lawyer now and submit a local authority search to minimise any delay once a buyer is found (you can always request that the buyer reimburses you for the cost, and most buyers will happily oblige). The cost of a delayed or abortive sale transaction could, of course, be far higher!

This publication is a general summary of the law. It should not replace legal advice tailored to your specific circumstances.

© Farrer & Co LLP, February 2026