The use of digital technology to conduct identity and security checks has become increasingly commonplace in our society. However, such checks made in the conveyancing process have continued to be conducted by more traditional methods. But that situation now appears to be on the verge of significant change.
The shift towards modernisation of conveyancing practices has taken a further step following the publication of requirements by HM Land Registry to promote the use of digital identity checks.
The intentions behind the new approach are to facilitate the development of simple, affordable and secure remote options for use between conveyancers and their clients.
In tandem with the encouragement of digital identity checks, the proposed Safe Harbour Standard is currently under consultation until 11 December. The standard is based on the principles of the Government’s Good Practice Guide (GPG) 45 when proving and verifying a person’s identity and is designed to bring clarity to the property market. Although the new standard is not mandatory, the Land Registry has stated that it will not pursue negligence claims if the conveyancer and has complied with all the checks necessary under its terms.
In order to meet the Safe Harbour Standard, a client’s ID must have cryptographic security features so as to be compatible for checking. It will be the duty of conveyancers to confirm the authenticity of the evidence provided and to ensure the biometric information gathered matches up.
It must be possible for conveyancers acting for a transferor, borrower or lessor to link the client to the property through two examples provided from an established list of evidence options, and to confirm that the name and address correspond with the identity of the client.
