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.”

Unbelievably with only two weeks to go until 6th April many Local Authorities have still not released their pricing structure for access to Con 29 data. As this affects the whole of the property market, it is truly astounding that they have been allowed to do this.

From 6th April, a residential property can not be marketed until the majority of a Home Information Pack ( HIP )  is in place. If by this time the remaining councils still have not released their pricing structures the housing market could be thrown into chaos. How can you order a HIP if you or your supplier don’t know how much it will cost?

Is this a deliberate move by councils to cause disruption within the Personal Search and Home Information Pack industry or are they simply so inefficient that they cannot meet governments deadlines even with months of prior notice?

The Council of Property Search Organisations (CoPSO), yesterday criticised the Government plans giving councils new powers to charge for providing public information on properties.

The regulations that allow local authorities to charge for information relating to properties were debated in Parliament this week. The Government however has neglected to publish the accompanying guidance that advises councils how to use their new powers. The Government has said it will only do so once the regulations come into force. This means that, property search companies will be left completely blind as to what new charges they will face from local authorities once the regulations come into force.CoPSO’s Chief Executive Mervyn Pilley said:
“The lack of guidance means that we can’t even begin to understand what these regulations will mean for our industry. What councils can do and what councils will do are two very different things. That is why we have guidance in the first place. The whole approach is ill thought through to say the least.

“All we do know is that the Government’s whole approach to the twin issues of charging and access has been unrealistic to say the least. We have the charging, but nothing has been done to guarantee access. These latest changes will do nothing to ensure that property search companies are able to offer their customers the best product possible, whilst expecting them to pay for information that is held in their name in the first place.

“It’s bad enough that we have to deal with a complete lack of reality about the way councils behave; at the very least you would hope that the Government would give us a chance to prepare for the changes. How is that possible when we have no idea whatsoever of how they will be implemented and what councils will charge?”