The information commissioner’s decision to allow free viewing of property search data held by local authorities has sparked fears that unregulated ‘cowboy companies’ will flood the search market.

In a guidance note, the commissioner said that because most search data held by local authorities was environmental, it was subject to disclosure under the Environmental Information Regulations 2004.

Councils must make such information readily accessible to the public and cannot, as before, withhold data from property search companies.

Hilary Palmer, a senior property solicitor at London firm Winckworth Sherwood, said: ‘Removing charges and restrictions on access will drive down costs and improve quality by giving lawyers a genuine choice between local authority and private searches. But the fear is there will be another tidal wave of cowboy companies flooding the market, as happened with claims management.’

Mirza Ahmad, corporate director of governance at Birmingham City Council, said the council accepted the commissioner’s guidance, but believed itself entitled to withhold information where intellectual rights, such as the Ordnance Survey’s copyright, were involved.

Individuals requiring such information would have to be licensed. Property search companies, he said, would also need a licence to use the data for ‘commercial exploitation’.

Neil Clayton, head of legal services at the Property Search Group, said solicitors should use their professional judgement when deciding whether to use commercial search companies.