Hip view (Home Information Packs and Energy Performance Certificates EPC

The Information Commissioners Office has been deciding whether or not the information required for the local authority search in a Home Information Pack (Hip) or for the purchaser in the conveyancing process when buying a property or land is environmental. This is a very important issue as it reflects on the potential price of the Hip. It also has a bearing on the access to the information afforded to private search companies which have been suffering restrictions and high charges imposed by council in an effort to restrict competition from the private sector.

The ICO has decided that most if not all information required in the local search is environmental and therefore access should be free.

IPSA the trade body representing ninety five percent of private search companies has been very active in lobbying both in UK and Europe to achieve this result. Also solicitors Taylor Emmett have lodged two test cases with the ICO and Pali, Ltd also has two cases lodged for consideration which will have effected the decision arrived at by the ICO.

Christian Lister, Chairman of IPSA has issued a summary of the ICO ruling which makes interesting reading. See below. It remains to be seen how obstructive the local authorities will be but history shows us that they do not generally take notice of rules that don’t suit them.

Essentially the ICO guidance confirms the following:

• The majority of the information provided by local authorities in response to property search enquiries is likely to be environmental information as defined by the EIR.
• The charging provisions in the CPSR (Local Authorities (England)(Charges for Property Searches) Regulations 2008) do not apply to environmental information.
• Under the EIR a public authority should accept an applicant’s request to inspect the information.
• Environmental information that is inspected by the applicant cannot be charged for.
• Public authorities cannot use the publication scheme provisions of the FOIA to charge for environmental information contained in property search records.
• Information that is not environmental should be considered under the FOIA. In such cases, the CPSR can form the basis for any charging.

With regard to non-environmental property search information the ICO have said “Although much of the information provided in response to property enquiries will be environmental in nature, there may be some which is not… However, we recognise that for an authority to consider each CON29 question in order to establish whether the information is subject to the EIR or the FOIA has the potential to be an overly bureaucratic process. In light of this guidance, an authority may therefore wish to adopt a policy of making all the property search information available on the basis of the principles set out in the EIR.”

Land Registry are increasing their prices from 6th July 2009. This covers a wide variety of products and documents.

With regards to Home Information Packs ( HIPs ), the documents which will have the most effect are Title Plans, Office Copy Registers, Search of Index Maps and Copies of Leases.

Pali will increase the prices of Title Plans, Office Copy Registers and Search of the Index Maps, but hold the price of the Leases.

New prices will be:

£7.45 - Office Copy Register
£7.45 - Title Plan
£8.45 – SIMR

We will however reduced our price on ‘Epitome of Title/Route of Title Documents’ for unregistered properties by £8.45 to compensate.

All prices are inclusive of VAT.

Mike Ockenden, Director General, Association of Home Information Pack Providers (AHIPP), responds to new research into the flouting of HIP regulations:

“Research suggesting that half of all housing transactions are taking place without a completed HIP in place is simply not true. We have strong statistical evidence that compliance with the legislation is now running at over 95% and by working with local trading standards officers we are currently taking action to drive compliance from the remaining 5%.

“Further, there is an acceptance among trading standards officers that the clarity provided by 6th April regulation changes will allow them to now start issuing fining notices, where relevant.

“Grant Shapps has said that he is not suggesting people break the law and yet the tenor of his comments seem to almost incite agents to do just that. This is dangerous territory and estate agents are well advised not to jump on a non-existent bandwagon of non-compliance.

“We understand Grant Shapps to have said he is pragmatic and not dogmatic in his approach to housing matters - this needs to include HIPs. We look forward to working with Mr Shapps to demonstrate this is the case.”