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5. Obligations of Registered Firms and PCCB

5.1 A Registered Firm shall:

5.1.1 Adhere to the Search Code and/or the HIP Code and be bound by these Rules.

5.1.2 Organise and conduct its business in a responsible manner, keep proper records, have clearly defined procedures for ensuring compliance with the Search Code and/or the HIP Code and these Rules including the appointment of a Code Compliance Officer.

5.1.3 Deal with PCCB in an open and co-operative manner.

5.1.4 Notify PCCB within 21 working days of:

1. any change to the address of the Registered Firm;

2. any change to the details of the appointment or resignation of the Code Compliance Officer;

3. any merger, de-merger or acquisition decisions relating to its search and/or HIP operations.

5.1.5 Ensure that internal procedures for handling customer complaints meet the following standards:

1. A Registered Firm must send a written acknowledgement within 5 working days of receipt of a complaint, giving the name or job title of the person handling the complaint within the firm. At the complainant’s request, the Registered Firm will liaise with counselling services acting on the complainant’s behalf.

2. Within 4 weeks of receiving a complaint, a Registered Firm must send the complainant either:

(1) its final response; or

(2) a holding response which explains why it is not yet in a position to resolve the complaint and indicating when the firm will make further contact (which must be within 8 weeks of receipt of the complaint);

3. By the end of 8 weeks after its receipt of a complaint, a Registered Firm must send the complainant either;

(1) a final response; or

(2) a response which

(a) explains that the firm is still not in a position to make a final response, gives reasons for the further delay and indicates when it expects to be able to provide a final response and;

(b) informs the complainant that he may refer the complaint to the  Independent Property Codes Adjudication Service implemented by the PCCB, as amended, varied or modified from time to time (Annex D), if he is dissatisfied with the delay.

4. Where within 8 weeks of receiving a complaint, a Registered Firm sends the complainant a written response which:

(a) offers redress or rejects the complaint and gives reasons for doing so;

(b) informs the complainant how to pursue his complaint with the Registered Firm if he remains dissatisfied;

(c) refers to the availability of the adjudication service if he remains dissatisfied with the  Registered Firm’s response; and

(d) indicates that it will regard the complaint as closed if it does not receive a reply within 8 weeks;

the registered firm is not obliged to continue to comply with 5.1.5.2 or 5.1.5.3 unless the complainant indicates that he remains dissatisfied, in which case the obligation to comply with 5.1.5.3 resumes.

5. If the complainant takes more than a week to reply to a written response of the kind referred to in 5.1.5.4 the additional time in excess of a week will not count for the purposes of the time limits in 5.1.5.2 and 5.1.5.3

6. When a Registered Firm sends a complainant a final response, it must inform the complainant that he may refer the complaint to the Independent Property Codes  Adjudication Service. 

7. A Registered Firm must make and retain records of complaints for a minimum period of 3 years from the date of its receipt of a complaint.

8. A Registered Firm must send an annual report to PCCB, detailing the type and number of complaints received by the Registered Firm.

9. Where the complaint involves an insurer, the Registered Firm must acknowledge the complaint within the timeframe and pass it onto the insurer.  The insurer should be under an obligation to respond within a similar timescale to those set out in 5.1.5.

5.1.6 Ensure that, if so requested by the customer in each case, complaints in respect of Search Code and/or HIP Code related activities which are unresolved under the Registered Firm’s internal complaints procedure are referred for consideration to the Independent Property Codes Adjudication Scheme and that there is compliance with payment of any fees and any decision of that Adjudication Scheme on the Registered Firm.

5.1.7 At annual registration renewal provide PCCB with details of any changes since the previous renewal to the details of any appointment or resignation of a Controller.

5.1.8 Ensure that the PII meets the Insurance Requirements published by PCCB, as amended, varied or modified from time to time (Annex A).

5.1.9 Ensure that information about the Search Code or HIP Code, as prescribed by the PCCB and amended, varied or modified from time to time, is included with each search report or HIP respectively (Annex E).

Additional provisions for Registered Firms under the Search Code

5.1.10 Ensure that appropriate staff engaged in Search Code related business on behalf of the Registered Firm comply with the Competence Requirements (Annex C) published by PCCB, as amended, varied or modified from time to time.

5.2 PCCB shall:

5.2.1 In discharging its function of monitoring compliance with the Search Code and/or the HIP Code, in regulating and in all its dealings with Registered Firms, act in good faith and observe and comply with the provisions of these Rules.

5.2.2 Normally communicate with the Code Compliance Officer but reserves the right to communicate with the Registered Firm’s other Controller(s) where it deems it appropriate to do so.

6. Provision of Information >