With the final death of Home Information Packs by the revocation of parts of the Housing Act 2004 CoPSO and the PCCB have also lost the statutory framework for searches that previously existed. The Localism Act which repealed parts of the Housing Act has resulted in a review of the Search Code.
The Council of Property Search Organisations (CoPSO) and the Property Codes Compliance Board (PCCB) have therefore announced a series of changes to the Search Code and the way in which it is enforced within the UK.
CoPSO, which owns and maintains the Search Code, and the PCCB, which monitors and enforces the Code, have introduced these new measures in response to the Localism Act, passed on the 17th November, which revokes Part 5 of the Housing Act 2004. As standards for searches no longer exist on the statute books, both CoPSO and the PCCB took the decision to enhance the Code and the way it is enforced. CoPSO and the PCCB claim that these enhancements ensure that both consumers and those representing them have an easily identified mark of quality, enabling them to be confident in the searches they rely on during the home buying process.
We are not really sure that any conveyancing consumer has ever asked their conveyancer whether or not the search the lawyer has bought is Search Code compliant or not but we do know that conveyancers buying searches that aren’t Search Code compliant are taking significant risks with the data they are relying on to complete the transaction.
CoPSO and PCCB have explained that the regulation of the Code, which is the responsibility of the PCCB, has been strengthened with the implementation of a more robust application and renewal processes. In addition the physical inspection regime has been stepped up to ensure best practice and that action is taken against any subscribers found to be in breach of the Code. This will provide further reassurances to all those relying on the information provided within a search report.
James Sherwood-Rogers, Chairman of CoPSO, said: “With the repeal of Housing Act it was essential that the Code and its enforcement be strengthened to provide further reassurances to all those that rely on the information search reports provide. Search reports form a vital element of the home buying process and both consumers and their lawyers need to have total confidence in the information that they are presented with. We would strongly urge both consumers and those within the property profession, who rely on search information, to always ensure that any search provider they use is a Code subscriber. That way, they can have total confidence in the product and the service that they will receive.”
Andrew McIlwraith, Chairman of the PCCB, added: “The recent changes we have introduced simply enhance an already robust set of principles that all subscribers adhere to. All Code subscribers undergo a rigorous application and renewal process and are monitored to ensure consistently high standards. The Search Code logo acts as a real stamp of quality and we hope that the enhancements we have introduced will only help to strengthen our role in ensuring the continued delivery of high standards and on-going consumer protection.”
The Search Code, which was first introduced in 2006 provides protection for homebuyers, sellers, estate agents, conveyancers and mortgage lenders who rely on the information included in property search reports undertaken by subscribers. The Code sets out minimum standards which organisations compiling and selling search reports have to meet. All subscribers to the Code are listed on a register of subscribing firms, maintained by the PCCB and all display the trusted Search Code logo prominently on all search reports they produce.
