Home Information Pack prices could come down as Local Authorities have their charges curbed.

On July 16th 2009, The Information Commissioner's Office (ICO) published guidance on the relationship between the Environmental Information Regulations 2004 (SI 2004/3391) (EIR), the Freedom of Information Act 2000 and the Local Authorities (Charges for Property Searches) Regulations 2008 (SI 2008/2909) (Charging Regulations).

ICO guidance confirms the following:

• The majority of 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.

ICO Comments

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."

The landmark guidance is available from www.ico.gov.uk

Freedom of information

Under the EIR, Local Authority land charges departments should allow applicants ( including personal search agents ) to inspect the environmental information that would be provided in response to a property search enquiry.

Local Authorities cannot charge applicants for inspecting this information.

Where copies of environmental information are requested, charges should only be made in accordance with the EIR and not the Charging Regulations. Such charges are limited to photocopying charges. The knock-on effect is that the HIP Providers (who have to include a Local Authority Search in the HIP) will pass on the saving to the public by reducing the price of their HIPs.

The guidance is controversial as it will significantly reduce the ability of Local Authorities to fund the provision of their property search ( HIP Searches ) services.