Rather than subscribers simply renewing each year, a subscriber now has to provide a full range of information/evidence to the Property Codes Compliance Board to demonstrate they are adhering to the Code’s standards.
This will come in the form of example documents, products and evidence of their own compliance procedures.
Physical inspections have also been introduced. A PCCB inspector will go out to their subscribers and their premises to spend a day with them, monitoring how they conduct business and ensuring that all of their actions are in line with the Search Code.
After any visit the Inspector produces an official report which is fed back to the subscriber that was visited and the PCCB detailing any areas where the subscriber may be in breach of the Code and the necessary steps they must take to ensure compliance.
This is then followed up to ensure the necessary action is taken. If the subscriber fails to implement these suggestions, they could face suspension from the Code
The measures were introduced in response to the Localism Act, passed on 17th November, which revokes Part 5 of the Housing Act 2004.
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 was first introduced in 2006 and 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 Search Code logo prominently on all search reports they produce.
