Safe Harbour

This article will explore Safe Harbour and contains the following information: 

• What is Safe Harbour?
• What are the requirements to meet Safe Harbour?
• Credas' Safe Harbour journeys
• How do you issue a Safe Harbour check to an individual?
• Safe Harbour results
• FAQs

What is Safe Harbour?

Safe Harbour is a standard that was introduced by HM Land Registry (HMLR) on the 12th March 2021 to encourage the use of digital identity checks in the conveyancing process. This is important as HMLR will not pursue conveyancers who meet the standard in any resource claims on the grounds that insufficient identity checks were completed. You can read more on Safe Harbour here - Practice guide 81: encouraging the use of digital technology in identity verification - GOV.UK 

What are the requirements to meet Safe Harbour?

1. Obtain evidence

You must find out if the individual you are representing is who they say they are by using a form of evidence that can be checked by interrogating cryptographic secuirty features. Security features must include an electronically held photo of the identity against which biometric facial recognition checks may be made e.g. biometric passports that meet the ICAP specifications for ePassports.

2. Check the evidence

Check the evidence obtained to ensure it is a genuine document that has not be forged and is in date. This must be done by reading the e-chip within the document using NFC. Credas does this by utilising NFC reading technology via our smartphone app to read the RFID chip embedded in ePassports. 

3. Match the evidence to the identity

Check that the person presenting the information matches the photo on the ID document and verify with a liveness check. Credas' passive liveness technology automatically measures and analyses physical characteristics and reactions to determine if the person is live and present, and we'll then compare the image captured to the image in the passport to verify that the same person is present in both images. 

4. Obtain evidence to ensure the transferor, borrower or lesser is the same person (or entity) as the owner

If the individual is the transferor, borrower or lessor then the conveyancer must connect the individual to the property by obtaining evidence and checking the name and address matches that of the individual claiming the identity match. Credas will automatically request these two linking documents for our Safe Harbour Vendor journeys for your review.

Credas' Safe Harbour journeys

We offer four Safe Harbour journeys, split into vendor and purchaser options:

• Safe Harbour | Address | Purchaser
  • Passport & Liveness verification
  • UK Address & Mortality check
• Safe Harbour | Address | Vendor
  • Passport & Liveness verification
  • UK Address & Mortality check
  • Capture of two linking documents to the property being sold
•  Safe Harbour | Address | International Screening | Purchaser 
  • Passport & Liveness verification
  • UK Address & Mortality check
  • PEPs & Sanctions screening
• Safe Harbour | Address | International Screening | Vendor
  • Passport & Liveness verification
  • UK Address & Mortality check
  • PEPs & Sanctions screening
  • Capture of two linking documents to the property being sold 

To complete one of our Safe Harbour journeys, the purchaser/vendor will need to complete the journey on the Credas smartphone app with an ePassport to ensure the e-chip (NFC) can be scanned.

How do you issue a Safe Harbour check to an individual?

To send a Safe Harbour journey invitation to an individual, please see the guide here, and choose the Safe Harbour journey you wish to send. If you do not have Safe Harbour journeys enabled, but would like too, please reach out to our support team.

Safe Harbour results

You will see different checks appear depending on which Safe Harbour journey you have issued to the individual, and whether they are a purchaser/vendor. To understand your results, we recommend reading through the following results guides here - Safe Harbour Results : Partner Support 

FAQs

Are there different requirements if the party in question is a UK registered company?

When a UK registered company is the transferor, borrower or lessor, there are different requirements to meet Safe Harbour. You can find these requirements here in section 3.4 - Practice guide 81: encouraging the use of digital technology in identity verification - GOV.UK 

What linking documents does the vendor need to provide?

If the transferor, borrower or lessor is an individual, they will need to provide two of the following documents linking them to the property being sold (please note - this is not a requirement for purchasers):

• Utility bills, bank or building society's statements dated within the last three months;
• Local authority council tax bills for the current financial year;
• Original mortgage statements from a recognised lender for the last full year;
• Current UK or EEA photocard driving licence
• HMRC self-assessment letters or tax demands dated within the current financial year;
• An insurance policy schedle for the property;
• A current firearm or shotgun certificate;
• Credit cards bearing the Mastercard or Visa logo, an American Express or Diners Club card, or a debit or multi-function card bearing the Mastercard or Visa logo which was issued in the United Kingdom and is supported by an account statement less than 3 months old;
• A copy of the agreement for purchase of the property;
• A lettings agent agreement on headed paper;
• A local authority building regulations sign off for works undertaken to the property addressed to the individual;
• Management company service charge demands for the property addressed to the individual;
• Confirmation of tenancy deposit scheme registration. 

What if the vendor does not have linking documents to the property they are selling?

Unfortunately, if the transferor, borrower or lessor cannot provide the two linking documents, then you will be unable to meet Safe Harbour standard for them. This requirement does not apply to the purchaser party. 

What if the individual does not have an ePassport? 

Unfortunately, if the individual does not have an ePassport, you will be unable to satisfy the Safe Harbour standard. You are, however, able to satisfy other regulations when using a passport that contains no biometric chip, and we recommend you send the individual a different journey such as an AML check.

What if the individual does not have a smartphone? 

Unfortunately, if the individual does not have a smartphone to download the Credas app, they will be unable to complete the Safe Harbour journeys as these can only be completed on the Credas app. If possible, the individual can use a close family member or friends smartphone to download the app and complete, as no information is stored within the app or device. Alternatively, you may wish for the individual to come into the office and they can complete the check on one of your smartphone devices. If there is no way for the individual to complete the Safe Harbour journey on the Credas app, you will have to issue them a non-Safe Harbour journey such as an AML check. 

How does Safe Harbour work for international individuals?

There is no difference for domestic or international clients. Many countries now issue ePassports and therefore the standard can be achieved. One thing to remember, when dealing with a vendor based overseas, is that whilst you will want to obtain proof of residence for them (overseas address), you will still need two documents linking them to the property being sold in the UK.

Got any questions? 

If you have any questions please reach out to the Credas support team by contacting us here

We are committed to continually improving our support resources for you. We would greatly appreciate your feedback below to help us enhance your experience.