Confidential information—applying for exempt information document status
Confidential information—applying for exempt information document status

The following Property guidance note provides comprehensive and up to date legal information covering:

  • Confidential information—applying for exempt information document status
  • Information must be prejudicial for EID status to be granted
  • How to apply for EID status
  • How to prepare the edited copy of the document
  • Each party who believes information in the document is prejudicial should apply separately for EID status
  • The application for EID status will not always be accepted

The Freedom of Information Act 2000, together with the way in which HM Land Registry chose to implement that, make it very difficult to prevent information held by HM Land Registry from being produced to third parties on request. This is true whether the information appears in a document sent in for substantive registration, or in a covering letter, or in supporting evidence for more minor registration issues (eg to support an application for entry of a notice to protect a contract, or an agreement for lease, or an easement).

HM Land Registry cannot agree to keep secret any information, which has to be entered on the register as part of the registration process. This includes the price paid for a transfer of registered land, the wording which describes a property accurately, the precise terms of easements and restrictive covenants, which are to be entered on the register and the obligation in a lease to pay rent (though the amount of that rent can be kept secret if a successful exempt information document (EID) application is made).

Your client may wish to keep other information secret, for example:

  1. an obligation to pay overage dependent on the sale price of plots on the land

  2. soft terms of an anchor lease (which the landlord would not want other tenants to seek to replicate)

  3. the interest