Confidential information—removing exempt information document status
Confidential information—removing exempt information document status

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

  • Confidential information—removing exempt information document status
  • EID status should be removed when the information is no longer prejudicial, not necessarily when the property is sold
  • Maintaining EID status
  • EID status does not provide complete protection from disclosure of the full document

EID status should be removed when the information is no longer prejudicial, not necessarily when the property is sold

Exempt information document (EID) status is personal to the original applicant. They can retain the EID designation for that particular document even after they sell the property to which the document relates (and thus can protect their legitimate commercial interests, set out in the document, from being made public). The original applicant can apply to withdraw the EID status at any time, without needing to explain why. Use Form EX3 to do this. There is no fee.

Where the seller has no ongoing commercial interest to protect, a buyer of the property may insist (in the contract) that the seller submits Form EX3 on completion. Conversely, the seller may be happy to lift the EID status with a Form EX3, but the buyer may want to keep the information secret. In this case the buyer will have to make its own EID application (with a full set of documents) and will need to do so early so that there is no gap during which the full copy of the document can be supplied. In such circumstances, it may be sensible to require the seller to notify the buyer before it submits its Form EX3.

If EID status is not withdrawn voluntarily, but