We hold the registers for both common land and town or village greens within the City and County Swansea and have a statutory duty to maintain these registers.
The Council of the City and County of Swansea is a Commons Registration Authority under the Commons Registration Act 1965 and the Commons Act 2006.
The Commons Registration Service has administrative functions only. Information can be provided as to procedures, but where legal advice is required, this must be obtained independently.
Each area of common land and town or village green is listed in the registers under a unique unit number. The register for each unit is divided into three sections:
- Land - this includes a description of the land registered as common or town or village green and a definitive register map.
- Rights - this includes a description of the rights of common (eg the right to graze a set number of stock eg 50 sheep and 10 cows), over which area of the common they are exercisable and to what land these rights are attached.
- Ownership - this includes details (if known) of owners of the registered land. However, entries in this section of the registers are not held to be conclusive in law.
Commons searches are carried out to determine whether a property is on or adjacent to common land. If you require us to carry out a search of the Commons Register, a CON 29(O) form (Optional Enquiries of the Local Authority) is required. These forms are supplied by Law Stationers. Question 22 deals specifically with common land and town or village greens. The form should include a plan preferably on an Ordinance Survey (OS) base map in duplicate, identifying the area to be searched.
There are two ways in which you can apply for a search to be carried out:
- as part of a local land charges search where both the CON29(R) form (Required Enquiries of the Local Authority) and CON29(O) form are submitted together; or
- as a stand-alone search on the CON29(O) form (where it is submitted without the Con29(R) form).
We will then carry out the search and send the result back within 4-5 working days.
Alternatively, you may choose to carry out a personal search where you can check the Commons Register for yourself. However, please note that it will be necessary to make an appointment. There is no charge for personal searches.
Grazing rights searches
Grazing rights searches are carried out to determine whether land has the benefit of rights over common land. Grazing rights searches are not are not covered by a statutory form, but by forwarding a letter and plan the rights query can be answered.
|Type or search or enquiry||Fee|
|CON29(O) form (stand alone search)||£43.20|
|Grazing rights searches||£61|
|Extract of register map||£14.50|
|Full register map||£19.50|
|Commons text register||£11.50 for first 10 pages and £0.75 per page thereafter|
Cheques should be made payable to 'City and County of Swansea'
Completing a commons search by post
You will need to send the following documents to the commons registration team:
- a completed form CON29(O) in duplicate (available from Law Stationers)
- a map identifying the area of land to be searched in duplicate preferably on an OS base map
- the relevant fee (please see above)
We will carry out the search and send you a result within 4-5 working days.
Queries relating to the developing or carrying out of works (eg fencing) on common land should be directed to the Planning Inspectorate of the Welsh Government who determine such cases under the statutory provision of the Commons Act 2006.
Various applications can be made to register a new town or village green (under Section 15 of the Commons Act 2006) and those to correct errors in the registers of common land.
More information and application forms are available from: Common land (Welsh Government)
|Application||What it's for||Fee|
|Formal Apportionment under the 1965 Act||To apportion rights in the register when the land to which rights are attached is split||No fee|
|Section 15 Commons Act 2006||Registration of a new town or village green||No fee|
|Section 19 (2) (a) or (c) of the 2006 Act||Correction of a mistake made by registration authority or removing a duplicate entry from the register||No fee|
|Section 19 (2) (b) of the 2006 Act||Correction, for a purpose described in section 19(2)(b) ie correcting any mistake, where the amendment would not affect:|
(i) the extent of any land registered as common land or as a town or village green; or
(ii) what can be done by virtue of a right of common;
|Section 19 (2) (d) or (e) of the 2006 Act||Correction, to update the details of any name or address, or to take account of accretion or diluvion||£51|
|Schedule 2, paragraph 2 or 3, to the 2006 Act||Non-registration of common land or town or village green (ie not registered and should have been)||No fee|
|Schedule 2, paragraph 4, to the 2006 Act||Waste land of a manor not registered as common land (ie not registered and should have been)||No fee|
|Schedule 2, paragraph 5, to the 2006 Act||Town or village green wrongly registered as common land||No fee|
|Schedule 2, paragraphs 6 - 9, to the 2006 Act||Deregistration of certain land registered as common land or as a town or village green in error||£2,040|