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By Law, what must a Home Information Pack Contain?
A Home Information Pack must include the following ‘required’ documents:-
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An Index
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An Energy Performance Certificate
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A Sale
Statement
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Official Copy of the
Register
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Official Copy of the Title Plan
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Official copies of any document referred to on the property register (i.e. Charges, Transfers,
Conveyances etc.)
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An Official copy of the Lease (where applicable)
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Leasehold documents (where applicable)
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Commonhold documents (where applicable)
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Local Authority Searches
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Drainage and Water Searches
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Redress Leaflet
The following ‘authorised’ documents may be added to a Home Information Pack, but they are not compulsory:-
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Home use form
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Home contents form
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Any warrantees or guarantees
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The Home Condition Report
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Additional Searches, i.e. mining, flood risk or environmental searches
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Legal summary
How long does the Home Information Pack last for?
While the property is on the market, there is no need to update the Home information Pack (ultimately, it is at the buyers’ discretion whether the documents remain acceptable and up to date).
If the sale of a property stops and then resumes, the seller can carry on using the same HIP without the need to update any of the documents in the following
circumstances:
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Where marketing stopped because the seller accepted an offer and wants to restart marketing because the sale has fallen through, provided that remarketing starts within one year of the date when marketing first began or, if later, within 28 days of the sale falling through.
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Where marketing has stopped for any other reason, the seller may remarket the property with the same HIP provided that remarketing starts within one year of the date when marketing first began.
What is an Energy Performance Certificate?
An Energy Performance Certificate tells you how energy efficient a home is on a scale of A-G. The most efficient homes, which should have the lowest fuel bills, are in Band A. The Certificate also tells you, on a scale of A-G, about the impact your home has on the environment. Higher-rated homes should have less impact through carbon dioxide (CO2) emissions.
The average property in the UK is in bands D-E for both ratings. The Certificate includes recommendations on ways to improve the home’s energy efficiency to save you money and help the environment.
How long does a Home Information Pack take to be produced?
A Home Information Pack takes between 5-10 working days to produce from the date of ordering. Issues which may cause a delay in the production of a HIP include, the property being unregistered, an absent landlord or absent leasehold or commonhold information.
Will the Home Information Pack delay the marketing of properties?
In line with current Home Information Pack Regulations, from the 1st January 2008 all properties on placed on the open market will require a Home Information Pack before they can be marketed. In order to prevent any delays in property market the DCLG introduced the ‘Slim HIP’.
The ‘Slim HIP’ contains the following information:
The ‘Slim HIP’ can be produced within 48-36 hours. The Home Information Pack Regulations then require the remaining information to be included within 28 days of the original order date.
Until 1st January 2008, when a HIP order is placed the sellers must be provided with a Proof of Order form which allows the property to be marketed immediately. The Proof of Order form must be retained until the completed pack had been received. If the seller has marketed the property without a Proof of Order form they may face a fine of £200.00.
Which properties do not require a Home Information Pack?
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Properties where there is no marketing (e.g. sale to a member of your family)
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Non-residential properties
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Mixed sales (e.g. shop with a flat)
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Right to buy and similar sales
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Sales of portfolios of properties
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Properties not being sold with completely vacant possession
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Unsafe properties and properties to be demolished
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As from the 14th December 2007 all property will need a Home Information Pack
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New homes built under Part L of the Building Regulations 2006 (these will be brought in by a separate commencement order in due course.
What would happen if I marketed my property without a Home Information Pack?
A fine of £200 may be issued to the seller if a property is marketed without a HIP. However it is not a criminal offence.
Who will accept liability for the Home Information Pack if the information is incorrect?
The HIP Provider will have adequate professional indemnity insurance of at least £1 million pounds. They will except full liability for all information contained within a HIP, giving you told piece of mind.
When will 1-2 bed properties require a Home Information Pack?
It has been announced by the DCLG that all properties marketed after the 14th December 2007 will legally require a Home Information Pack. This includes 1 & 2 beds
The DCLG have also extended the First Day Marketing rule to June 1st 2008, So you can market a property as long as a HIP has been ordered.
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