Daniel Scott have experience of helping Home Owners with HIPS. Below is a list of Frequently Asked Questions about the Home Information Packs
 Properties marketed for sale from 14 December 2007 in England and Wales will need a Home Information Pack. 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.
Sellers' frequently asked questions
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 (i.e. a list of the contents of the HIP)
- A sale statement (summarising the terms of sale)
- Evidence of title
- Standard searches (i.e. local authority enquiries and a drainage and water search)
- An Energy Performance Certificate (EPC)
- Common hold 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
Who compiles HIPs?
Sellers can hire estate agents, solicitors, separate pack providers, or do it themselves.
Are HIPs required across the UK?
No - only in England and Wales
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. Some examples of the ways that Packs might be paid for are as follows:
- Seller pays for the Pack upfront from estate agent, solicitor or Pack provider
- Seller compiles the Pack and pays each organisation for the relevant component (e.g. the Land Registry for the title document)
- Estate agent offers the Pack to the seller on a 'no sale, no fee' basis, where the cost of the Pack could be included in the estate agent's commission
- Estate agent offers the Pack to the seller on a 'buy now, pay on completion' basis, which is usually a credit agreement for three or six months between the seller and the organisation compiling the pack.
- These are only indications of payment models; the Pack regulations do not prescribe any particular payment method.
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.
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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 occurred, 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.
Buyers' frequently asked questions
When should I expect to receive a Home Information Pack/Energy Performance Certificate for a property I am interested in buying/am in the process of buying?
If a property which falls within the scope of the scheme is first placed on the market during the temporary period during which marketing is allowed to start without a HIP, then the HIP must be commissioned before marketing can begin. During this period, which ends on 31 May 2008, the EPC must be provided as soon as possible and before exchange of contracts at the latest, although there is no set time limit on when the rest of the HIP should be provided.
If a property which falls within the scope of the scheme is first marketed from 1 June 2008 onwards, a HIP including the EPC should be available from the time it is first placed on the market.
What can I do if a HIP/EPC isn't provided?
Except in relation to properties first placed on the market during the temporary period, which ends on 31 May 2008, which are being marketed without Packs, potential buyers have a right to a copy of the Pack and this should be provided within 14 days of request. Sellers are entitled to make a reasonable charge to cover copying and postage costs and may also refuse to provide a copy in certain limited cases.
These are where the seller believes that the person making the request:
- could not afford the property;
- is not really interested in buying the property
- is not a person to whom the seller would wish to sell the property (but this does not allow them to unlawfully discriminate against someone).
If you believe that you are being denied a copy of the pack unlawfully, local authority trading standards officers are responsible for enforcement of these duties.
How much does a Home Information Pack cost?
Copies of Packs are free to buyers, although a reasonable charge may be made for copying and postage.
What can I expect to see in my Pack?
The following documents are compulsory and must be included in a Pack :
- Home Information Pack Index
- Energy Performance Certificate
- Sale statement
- Standard searches
- Evidence of title
Additional information for leasehold and common hold sales, where appropriate.
You can also include other documents such as a Home Condition Report, an environmental or flood risk search and other information that would be of interest to a potential buyer as defined in the regulations.
Who compiles HIPs?
Sellers can hire estate agents, solicitors, or separate pack providers
Are HIPs required across the UK?
No - only in England and Wales.
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. Some providers may offer free packs, or a no-sale, no-fee arrangement.
To be referred to a solicitor or for more information, please call:
020 8387 1435
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