Information Access Matters August 2010

CON29 and the EIR - East Riding and beyond

In this newsletter, we look at the on-going dispute between local authorities and property search companies relating to charging for local search information, and the application of the Environmental Information Regulation (EIR) to that. 

Currently, local authorities earn between £30,000 per annum to £2m per annum on fees for property searches. If they are required to provide these searches for free in the future, then this may mean a significant loss of revenue for them, and a potential inability for them to cover the costs of providing the information. Matters may be worse if this result was retrospective in application. 

The newsletter will also be looking at the uncertainty in assessing when to apply EIR and when to apply the Freedom of Information Act 2000 (FOI), and the consequences of an information access request being classified as EIR and the differences between EIR and FOI. 

There is a risk that local authorities may technically have to provide property search information for free.  However, it is possible to approach a request for this information in such a manner as to be able to charge for it as standard, plus any obligation to provide free searches may not be retrospective in nature. 

Local searches and the EIR – the background

Section 3 of the Local Land Charges Act 1975 places a statutory obligation on all local authorities within England and Wales to generate, maintain and update a Local Land Charges Register and to allow the general public to search for information contained in that register.

When someone is buying or leasing property, an application for an official search is sent to the local authority on form LLC1. This is usually accompanied by form CON29R, which raises various enquiries about matters potentially affecting the property.

Alternatively, a property search company can be engaged to carry out the search and obtain the information required to deal with the enquiries. 

The Local Authorities (Charges for Property Searches) Regulations 2008 (charging regulations) provide a framework within which local authorities can make charges for property search services, specifically for granting access to property records held by the local authority and for answering queries about a property. In essence they permit, in certain circumstances, charging to be made on a cost recovery basis.