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What is a HIP?

From 14 December 2007, properties marketed for sale in England and Wales will need a Home Information Pack (HIP), which includes a home energy rating. The Pack includes an Energy Performance Certificate, containing advice on how to cut carbon emissions and fuel bills. Also included are documents such as a sale statement, searches and evidence of title.

Currently, any property that was already on the market on the relevant commencement date (i.e. 1 August 2007 for sales of homes with four or more bedrooms; 10 September 2007 for those with three or more bedrooms and 14 December for all properties) does not need to have a HIP. At this stage no such date has been set when all properties that are on the market will be required to have a HIP.

Why haven't you announced a Drop Dead Date (DDD)?
Properties put on the market before the commencement dates will not need to produce a HIP. A date may be set when all properties that remain on the market will be required to have a HIP.

What has been announced?

The final phase of the roll-out to properties with two bedrooms or fewer from 14 December 2007

Publication in December of guidance on access to search data and a consultation paper on local authority charging aiming to speed up searches and deliver a fairer deal for consumers.

An extension of the temporary First Day Marketing provisions for an additional 5 months to allow for full flexibility (from 1 January to 1 June 2008).

The laying of an order to temporarily amend the HIP Regulations until 1 June 2008. During this time the required leasehold information will only be a copy of the Lease. The other leasehold documents that are currently required will become authorised during this period.

We have commissioned Ted Beardsall, Deputy Chief Executive of the Land Registry - and member of our Home Buying and Selling Stakeholder Panel - to advise on what else can be done to improve the search process and the provision of leasehold information.

Why did you extend the exemption on first day marketing?
We have extended to ensure smooth implementation as well as because of a later than expected commencement of Home Information Packs and in response to delays in the production of guidance to local authorities dealing with access to and charging for search information.

Will the leasehold changes be retrospective?
Yes. The current rules will continue to apply until 14 December but from this date existing packs and packs in preparation will only be required to include a copy of the lease. The Home Information Pack Index on the CLG website will be amended to reflect the change.

What will happen to packs already completed?
If existing packs contain leasehold information which is not mandatory under the updated regulations, those sellers will benefit from having more information about the property available for potential buyers thus making their homes easier to sell.

Why have you decided to roll out now?
As we made clear, we planned to roll out to other sized properties having taken into account the number of assessors and how HIPs are operating in the market ensuring a smooth implementation in the housing market. However we also had a duty to consumers to ensure the carefully managed, smooth implementation of the packs, which is why we looked carefully at how they are operating in the housing market.

The government also commissioned and considered extensive analysis by Europe Economics on the impact of HIPs on the market. It finds no evidence of any impact on transactions or prices, although there is a predicted short term impact on new listings as sellers change the timings of their listings. It concludes that the impact on listings is short lived, and the impact on the market is marginal compared to the wider factors.

TThe final stage of the roll out follows careful consideration of how HIPs and EPCs have been working in order to maintain their smooth introduction into the housing market. Now, as from 14 December DEAs will be able to carry out EPCs for all properties.

What about sales of new homes?
Sales of new homes built to the most recent Building Regulations (Regulation 17C, Part L, 2006) are currently exempt from the need to have a HIP. The current intention is to bring these properties within the scope of the HIP scheme on 6 April 2008 - the date on which EPCs will be required on construction for all dwellings.

WWhat documents are actually required to be included in the HIP?
HIPs will include the Index, EPC, sale statement, evidence of title, searches and, where appropriate, a copy of the lease or commonhold information.
These documents bring information up front in the home buying and selling process reducing the risk of problems emerging later on that cause wasted money, time and energy This will allow less time for additional problems to emerge and will reduce the number of sales which fall through and in turn reduce the number of chains which collapse.

What's happening with authorised leasehold documents?
It is standard conveyancing practice for the seller to provide leasehold information once a sale has been agreed but before completion.

The temporary provision described above will allow this practice to continue and is intended to protect owners of leasehold properties from facing additional and unreasonable costs at the beginning of the sale process, while additional evidence is collected into the extent of this problem.

Transactions involving leasehold properties are often held up by delays in obtaining leasehold information. Providing this information upfront in a HIP is intended to eliminate these delays and also help reduce the number of transactions that fall through because of problems associated with leasehold information coming to light at a late stage.

We are not removing the leasehold documents from the pack; instead, the government has decided to allow the provision of leasehold documents to be determined by the market. This provides consumers with choice, encourages competition and helps to drive down prices. The government is also engaging with stakeholders in an ongoing process, and taking account of the views of these stakeholders in making its decisions.

Will this now mean more work for DEAs?

Rolling out HIPs to the rest of the market will bring immediate benefits for DEAs, as from 14 December DEAs will be able to carry out EPCs for all properties (1&2 bedrooms homes will now require them) In addition, from April 2008 EPCs on newly built homes will be rolled out. From then we will also start to introduce commercial EPCs on the sale, rent or construction of a huge range of premises.

 

 

HIPS NEWS

For the latest Hips News or any other FAQ's on HIPS please click on the articles below:

PROGRESS Issue 28
16 January: HIP exceptions

Full roll out of HIPs announced
22 November: Ministerial Statement by Yvette Cooper: All homes marketed for sale from 14 December 2007 in England and Wales will need a Home Information Pack.

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