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When does the packs come into force?
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| With a view to improving the current home buying and selling process, Home Information
Packs became compulsory with effect from 1st August 2007 for properties with 4 or more bedrooms. Properties
with 3 bedrooms became compulsory from10th September 2007. |
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What are the contents of a Home Information Pack?
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The Home Information Pack Regulations 2006 stipulates the requirements for the pack. The pack consists of “required” and “authorised documents“. The “required“ documents are compulsory and so MUST be included in the pack.
The required documents are:
- An index of the contents of the pack
- Evidence of Title
- Sale Statement (which must summarise the terms of the sale)
- Standard Searches (ie local and drainage and water)
- Commonhold Information (if applicable)
- An Energy Performance Certificate
- Leasehold information including a copy of the lease and information on service charges and insurance (if applicable)
- New Home Warranty (if applicable)
- Where appropriate, a report on a home that is not physically complete.
- If the property is Commonhold, then the commonhold information (including a copy of the commonhold community statement)
The authorised documents include:
- Guarantees and Warranties
- Other searches
- Home Condition Report
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Wasn‘t the Home Condition Report (HCR) going to be a required document?
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| Yes, but the Government has now decided that the report need now only be an authorised document. It is still the Governments view that these will prove beneficial to both buyers and sellers and they will be monitoring the report take up. We can provide
a HCR to help with the marketing of your property. |
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Why HIPS?
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| It is estimated that 1 in 4 transactions fall through due to information coming to light after a formal offer has been made. The Government’s intention is that it will make the buying and selling of a property a much simpler process and will reduce the number of transactions that do not proceed to exchange and completion, Nearly 9 out of 10 consumers are unhappy with the current Conveyancing system. The packs will also assist first time buyers in the sense that it will be less expensive for them to get a foot on the property ladder. It is anticipated that the packs will speed up the Conveyancing process. |
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Who is responsible for supplying the pack if the property is being purchase under a Right to Buy?
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| RTB properties are excluded from the legislation due to the fact that the property is not being openly marketed. The possibility of adopting the HIPS principals for RTB properties is currently being examined. Shared Ownership properties will require a Home Information Pack. |
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Will Home Information Packs be required for Auction Properties?
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| Yes. |
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How long will the pack be valid for?
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| The pack will be valid for as long as the property if marketing for sale. The Regulations allow for a period where the property might be taken off the market due if, for example, the seller is changing Agents or the property has previously been under offer. The only time sensitive aspect of the pack is the local search which only have a shelf life of 6 months. The Regulations make no provisions for the local search to be renewed. |
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What is an Energy Performance Certificate?
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| The EPC will contain energy ratings for homes. It will outline the cost of heating, hot water and lighting in homes and will give practical advice on how to cut these costs and reduce carbon emissions. It will also provide sellers and buyers with an A-G rating on their homes. By acting upon the recommendations, it is anticipated that the average homeowner will save £300 every year on fuel bills. Recommendations could include information as to who to insulate your loft better through to the use of solar panels. |
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Who is authorised to carry out the Energy Performance Certificate?
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| These must be carried out by a properly trained Inspector. The Government are currently identifying those parts of the Home Inspector Qualification that are likely to be required to enable prospective Home Inspectors to qualify as Energy Inspectors. As the Home Condition Report may still form part of the HIP (albeit as an authorised rather then required document), those Inspectors who have already completed the relevant part of the Home Inspector Diploma will, once certified, be able to practice as an Energy Inspector. In the meantime, the Government are devising an interim qualification to enable Home Inspectors to carry out EPC without having to complete the full Home Inspection qualification.
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Are all properties marketed before 1st June 2007, exempt from providing a HIP?
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| Although the Regulations to provide a HIP apply only to those properties marketed after 1st June 2007, the Regulations also provides that all homes for sale will need to have a HIP by 31st December 2007 – this is irrespective of the date the property was put onto the market. |
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Is it necessary to have a complete pack at the time the property is marketed?
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| Yes, the seller must have a complete pack at the time the property is marketed. The exception to this is if a particular document cannot be obtained in time. In this instance, the seller can market the property 14 days after the outstanding document has been requested. The seller must have taken all reasonable steps to obtain the outstanding document and must include the outstanding document in the pack asap. |
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Will any penalty be payable for sellers who do not provide a HIP?
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Local Authorities will have the right to decide on what action to take against a seller in breach of the regulations. The Local Authority may do one on of three things:
1. give advice
2. give a warning
3. serve a fixed penalty notice.
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