Home Information Packs
It now appears that Home Information Packs are here to stay despite best advice from right across the industry. However, we can take the aggravation out of preparing the HIPs for our Clients.
Contact us for advice.
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Christopher Wise
Partner
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Packs are now required prior to marketing for the sale of most residential properties. The cost of a basic Home Information Pack from AL&H is £340.00 Inc VAT.
Sellers' frequently asked questions
When do I have to provide a HIP?
Before residential properties can be marketed for sale, the Seller needs to have arranged for a Home Information Pack (HIP) to be prepared. In order that Estate Agents can market a property, a basic HIP consisting of Sale Index, Property Information Questionnaire (PIQ), Energy Performance Certificate (EPC), Sale Statement and Title information, needs to be in place and sent to them. Any outstanding mandatory documents can be added later, but be added within 28 days of the institution of the 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:
· A Sale index (ie a list of the contents of the HIP)
· A Property Information Questionnaire (PIQ)
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)
· 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
Who compiles HIPs?
Sellers can obtain HIPs from Solicitors, Estate Agents, separate pack providers, or do it themselves. Using a pack supplied by a Solicitor provides peace of mind and allows the Seller to share or transfer the property between Estate Agents if necessary, whereas a HIP supplied by an Estate Agent is often branded and may not be acceptable to other Agents.
Are HIPs required across the UK?
No - only in England and Wales
How long will the HIP be valid for?
Once all the required documents are included in the HIP, Sellers do not have to update the pack unless they receive a new version of a document. If a Seller decides to remove their property from the market, they can put it back on the market with the same HIP as long as this happens within 12 months of the date when the property was first put up for sale. EPCs are valid for up to 3 years, but searches and proof of Title documents can not be more than 3 months old when marketing starts.
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.
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.
My house has been on the market before HIPs came in. If I change Estate Agents now, do I have to get a HIP?
As long as your home has been continuously marketed then no, you will not need to commission a HIP. However, if there was a break of at least 28 days, then you would need to commission one.
From 1st October 2008, EPC regulations came into force indicating that all properties, whether or not they were marketed before HIPs were introduced, will need to have an EPC prepared in order to comply with these regulations.
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:
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Seller pays for the Pack upfront from the Solicitor, Estate Agent, or other Pack provider.
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Seller compiles the Pack and pays each organisation for the relevant component (e.g. the Land Registry for the title document)
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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 Agent's commission
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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.
What is an AL&H Pack going to cost me?
The cost of our Home Information Packs for the Horsham, Chichester, Arun and Worthing areas, for a registered freehold property is £340.00 Inc VAT, and for a registered leasehold property is £400.00 Inc VAT. If, however, the property is unregistered or outside those areas, then we would need to provide you with a specific quote.
How can I find out if my property is registered?
If you visit the Land Registry's website, enter your address and postcode and click the search button, you should be able to see whether the property is registered or not. The Link to the Land Registry site is http://www.landregistry.gov.uk/wps/portal/Property Search
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.