Search Code

Search Code

Code of Practice for Search Compilers and Retailers

Aims and Objectives

The Search Code:

  • provides protection for homebuyers, sellers, estate agents, conveyancers and mortgage lenders who rely on the information included in property search reports undertaken on residential property within the United Kingdom
  • sets out minimum standards which organisations compiling search reports have to meet
  • promotes the best practice and quality standards within the industry for the benefit of the consumer
  • enables consumers and property professionals to have confidence in firms which subscribe to the code, their products and services.

Search companies can subscribe to the Search Code as either a retailer or a compiler. The Property Codes Compliance Board maintains a register of all subscribing firms. You can check whether a search firm subscribes to the Code by searching the Register or by looking for the Search Code logo on their products.

Core Principles

Search providers which subscribe to the Code will:

  1. display the Code logo prominently on their search reports
  2. act with integrity and carry out work with due skill, care and diligence
  3. at all times maintain adequate and appropriate insurance to protect consumers
  4. conduct business in an honest, fair and professional manner
  5. handle complaints speedily and fairly
  6. ensure that all search services comply with the law, registration rules and standards
  7. monitor their compliance with the Code

Applying the Core Principles – Interpretative Notes on Good Practice

These notes describe the minimum standards to which firms subscribing to the Code undertake will perform in order to comply with the above core principles. They are our commitment to you to provide a high quality service. In complying with the Code, we will seek to abide by its spirit as well as its express provisions. In doing so, we will:

1. Display the Search Code Logo

  • clearly display the Search Code logo on the front of all compliant search reports.

2. Act with integrity, and carry out work with due skill, care and diligence

  • train our staff to compile/retail property searches with thoroughness and diligence in line with the commitments set out in this Code.
  • monitor the performance of staff.
  • ensure that all data and information is handled with integrity, in accordance with data protection legislation and protecting copyright and intellectual property rights.
  • accurately report the most up-to-date available information and risks associated with the property from the sources consulted
  • provide complete search results based on a search of all available sources, including any for which a further fee is payable, or where obtaining the information involves a delay
  • base search results only on legitimate sources: either a physical examination of public records; a response from an official entitled to provide the information; our own current records; or commercially available data.
  • State clearly in the report: what specific sources of information have been searched and how the information was obtained; what additional sources of information may be available and where and how it may be obtained; and, where required information is unobtainable.
  • retain records of all search reports for a minimum of six years.

3. Maintain adequate and appropriate insurance

  • maintain professional indemnity and run-off cover insurance, as prescribed by the Property Codes Compliance Board in consultation with the search industry.

4. Conduct business in an honest, fair and professional manner

  • ensure that the terms and conditions and marketing materials relating to our services (whether printed or electronic form) are clear, fair, reasonable and not misleading.
  • tell you the charges (and payment terms) for any service before it is provided and at any time you ask
  • advise you of any additional charges which may become payable.
  • provide you with search reports promptly, and advise you if any delay occurs.
  • respond to queries raised on our search services or search reports within 5 working days in writing, via telephone or e-mail. If your query relates to a report sold but not compiled by us, we will pass it to the search organisation and ensure that they respond within the same timescale.

5. Handle complaints speedily and fairly

  • produce a formal written complaints procedure and tell you what this is.
  • acknowledge a complaint within 5 working days of its receipt.
  • normally deal with a complaint fully and in writing within 20 working days of receipt.
  • keep you informed by letter, telephone or e-mail, as you prefer, if we need more time.
  • provide a final written response at the latest within 40 days of receipt
  • liaise, at your request, with anyone acting formally on your behalf

If you are not satisfied with our final response, you may refer the complaint to The Property Ombudsman scheme: (t) 01722 333306 or (e) admin@tpos.co.uk. We will co-operate fully with The Property Ombudsman during an investigation and comply with his final decision

6. Compliance

  • Comply with relevant legislation and guidance issued under it, as well as Registration rules and standards specified by the Property Codes Compliance Board
  • report to the Property Codes Compliance Board any breach of the HIP Code, Search Code or related legislation of which they become aware and which to their knowledge has been perpetrated by an estate agent, search provider or a HIP provider

7. Monitoring compliance

  • nominate a Code Compliance Officer
  • formally audit compliance with the code at least once a year
  • submit a statement of compliance, signed by a senior executive, to the Property Codes Compliance Board
  • readily facilitate and comply fully with an inspection undertaken by the Property Codes Compliance Board

NOTES

  1. The Search Code is owned and maintained by the Council of Property Search Organisations (CoPSO)
  2. The Code is monitored and enforced by the Property Codes Compliance Board, which is an independent body funded by registered firms. The Board comprises representatives of search companies, conveyancers and HIP providers and has a majority of consumer interest members. Complaints concerning the general operation of the Code can be made to the PCCB – info@propertycodes.org.uk
  3. This Search Code will be reviewed at regular intervals with key industry bodies, to ensure best practice in search ordering, processing and delivery.

PCCB: Second Edition v1 September 2009

Published by the Council of Property Search Organisations