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.”