FACT SHEET
- HIPs
apply to residential properties
marketed for sale. The
definition of marketing is in section 149 of the Housing Act 2004: http://www.opsi.gov.uk/acts/acts2004/ukpga_20040034_en_14
4+
bedroom properties
require a HIP if they were put on the market on or after 1st August 2007
3
bedroom properties
require a HIP if they were put on the market on or after 10th September 2007
Most
other residential
properties require a HIP if they were put on the market on or after 14th December 2007, whatever
their size
New
homes built under the
2006 building regulations will be brought within the scheme on 6 April 2008
(see below).
- Any
property that was already on the
market on the relevant commencement date and that has been continuously marketed since does not need to have a HIP.
Exemptions
- Properties where there is no
marketing (e.g. Private sales to a family member, neighbour, friend etc.)
·
Non-residential
properties
·
Seasonal
and holiday accommodation
·
Mixed
sales (e.g. shop with flat, farm with farmhouse, etc)
·
Right
to buy and similar sales
·
Sales
of portfolios of properties
·
Properties
not being sold with complete vacant possession (e.g. with a sitting tenant who
will remain living in the property after the sale)
·
Unsafe
properties and properties to be demolished.
New Homes
·
Sales of 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 within the scope of the
HIPs scheme on 6 April 2008. The
Order extending the HIP duties to all new builds on 6 April will not apply
retrospectively and will only apply to homes
put on the market on or after that date.
·
New Homes built under the pre-2006
Building Regulations are not exempt.
·
New homes marketed ‘off-plan’
before they are physically complete will not have a full Energy Performance
Certificate as these can only be produced following a physical inspection of a
completed building. In these cases, the HIP will contain a Predicted Energy Assessment
·
Buildings that have been materially altered or changed would not
be classified as a new build as they are not covered by Regulation 17C of the
Building Regulations. This means that conversions
are not excluded from the HIP duties.
How long is a Pack valid for?
- The HIP is
valid for as long as the property
is continuously marketed for sale and is valid for up to one year, where it is withdrawn from the market and re-marketed by the same owner.
- There is no requirement for any component
of the HIP to be updated whilst
the property is marketed for sale. It is up to the seller and buyer to negotiate any refresh of any
component of the HIP.
Changing Estate Agents
·
A property that has been on the market since
before its corresponding commencement date, and is therefore exempt from the HIP
duties, will continue to be exempt if the seller changes Estate Agents,
provided that there is no break in the
marketing
·
There is no reason why an agent cannot rely on a
HIP provided by the seller, a different estate agent or a HIP provider other
than the one they would normally use, as long as they are content that it is compliant
·
Ownership
of the HIP will depend on the contractual
agreement that has been entered in between the parties
Copies of the Pack
·
Any potential
buyers are entitled to receive a copy of the Pack. A seller is also entitled to see a copy of the HIP on their
property.
·
The copy can be an electronic copy if they are happy to have it in this format but they
are entitled to have a paper copy if this is preferred. In this case the agent
may make a reasonable charge to
cover the cost of postage and copying. No charge may be made where the seller
requests a copy of the pack.
Energy Performance Certificates (EPCs)
·
Information regarding the roll out of EPCs to
rental and commercial properties can be found at: www.communities.gov.uk/epbd
·
If you require more information on EPCs you can
contact the helpline on 0845 365 2468 or help@epbduk.info
Further Information
·
www.homeinformationpacks.gov.uk
·
Home Information Packs (No2) Regulations 2007: http://www.homeinformationpack.gov.uk/pdf/HIPSrevised11June.pdf
·
Procedural Guidance on the Regulations: http://www.homeinformationpack.gov.uk/pdf/DraftProceduralGuidanceforHIPRegs.pdf