The 29 day Local Search-What is the answer to this HIP conundrum?

The day will soon arrive, when someone will order a Local Search with their Personal Search Provider knowing that, because of the backlog of appointments at the Local Authority, there is no chance of the Search being returned within the concessionary 28 day period allowed by the recent HIP regulations.

In an ideal world, there would be no question of anyone needing to use Personal Search providers, because everyone could commission their search directly with the Local Authority. Unfortunately, most Councils are unwilling to reduce their fees to the levels demanded now by Sellers and HIP Providers.

Is a Seller an Estate Agent, who orders a HIP on behalf of a Seller, liable under the legislation, if he or she knows that the return of the Local Search is likely or will fall outside the 28 day period?