HENRY LEES ¨ SOLICITORS

From October 1st 2008, Commercial EPCs become mandatory for all newly constructed, sale or rented commercial buildings.

Sellers' frequently asked questions regarding HIPs

When do I have to provide a HIP?
Properties marketed for sale from 14 December 2007 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.
 
What goes in a HIP?
A HIP includes documents that are required when homes are bought and sold. Some documents are mandatory and others optional.

The mandatory documents are:

·                                 An index (ie a list of the contents of the HIP)

·                                 A sale statement (summarising the terms of sale)

·                                 Evidence of title

·                                 Standard searches (ie local authority enquiries and a drainage and water search)

·                                 An Energy Performance Certificate (EPC)

·                                 Commonhold information (where appropriate)

·                                 A copy of the lease (where appropriate)

Documents that are optional include:

·                                 A Home Condition Report (HCR)

·                                 Additional leasehold, information

·                                 Guarantees and warranties

·                                 Other searches relevant to the particular area

 I'm selling my house privately - do I need a Home Information Pack?
If you are marketing your property, even if it's just by putting a 'for sale' sign in the window, you need a Pack. Sales where no marketing takes place (e.g. to a member of the family) won't need a Pack.

Who pays for the Pack?
The seller is responsible for the cost of a Home Information Pack. The cost of the Pack is down to the market, but sellers will often be able to defer costs until late in the sale.

How will I pay for the Pack?
This depends on the agreement between the seller and the compiler of the Pack. Henry Lees seek the payment of those component parts upfront from the seller, and for our fees upon completion of the sale or withdrawal of the property from the market. Henry Lees will compile the Pack and pay each organisation for the relevant component (e.g. the Land Registry for the title document)

 Do I have to put electrical certificates in my Pack?
Electrical certificates (past or present) are not a required component of the Pack, but can be included if the seller has them.

I've lost guarantees of work I have had done - what do I do?
Don't worry - guarantees aren't a required component of the Pack, but can be included if you have them.

Should the pack include a Home Condition Report?
A Home Condition Report could help you sell your property more quickly if it shows that it is in good condition, or if it highlights any problems straight away for potential buyers, it can avoid nasty surprises for buyers later in the process.

My house has been on the market before HIPs came in. If I change Estate Agents now, do I have to get a HIP?
If your house has not been taken off the market i.e. continuous marketing has occured, then no, you will not need to commission a HIP. If however, there was a break in marketing you will need to supply a HIP.

The advice and information given on this site is of a very general nature, and may not deal with your individual requirements. It is believed accurate but Henry Lees cannot be held responsible for any action that may or may not be taken by anyone accessing this site and acting on the information contained in it. Our liability can only extend to specific advice given by qualified members of the firm after the completion of a formal client agreement and retainer letter.

Henry Lees is a firm of solicitors established in the United Kingdom and is registered with the Solicitors Regulation Authority.

Copyright © 2007 Henry Lees Solicitors LLP
Last modified: 10/28/08