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Home Information Packs (HIPS) Update
All home owners in England and
Wales from the 14th Decmber 2007 need to arrange
for a Home Information Pack to be prepared before
putting their homes up for sale. The Packs will
contain an Energy Performance Certificate, searches
and legal documents, which will be mandatory.
A Home Condition Report can also be included by
sellers on a voluntary basis.
At Read Maurice we will take control of placing
your property for sale and organising for the
Home Information Pack (HIP) to be prepared. From
December 2007 the HIP will cost you from £350
plus VAT and is payable in advance of placing
your property on the market. Leasehold property
will attract a higher HIPS cost due to the quantity
of additional documents required by law.
Home Information Packs are intended to improve
the homebuying and selling experience for consumers
and to reduce the carbon emissions from homes.
The current home buying and selling process is
slow, expensive and uncertain. Moreover, most
buyers are provided with little or no information
about the energy efficiency of the home they are
considering buying.
This has been confirmed most recently by the HIPs
Baseline research, conducted in summer 2006 by
the Building Research Establishment and Ipsos
MORI.
The key conclusions were:
- The average (mean) transaction time from marketing
to completion was over 6.5 months. Median transaction
times were nearly 5 months. 1 in 4 takes 9 months
or longer.
- The average time from "offer agreed"
to "exchange of contract" was 81 days
- about 10 days longer than in 1998
- The average cost of a completed transaction
was £1,546, with first-time buyers paying
slightly more
- 23% of buyers who had completed a transaction
experienced at least one failed transaction during
the course of their most recent house buying and
selling experience
- Where a transaction fails at a sufficiently
late stage between offer and exchange the buyer's
wasted costs are typically over £1000
Moreover, research by the Energy Savings Trust
has shown that:
- Our homes account for 27% of the UK's carbon
emissions contributing to global climate change
- The average home owner would save around £300
in fuel bills by making their home more energy
efficient
Below is our guide to The Home Information Pack
Energy Performance
Certificate >>
Sale statement
>>
Searches >>
Evidence of
title >>
Leasehold and
commonhold documents >>
Home Information
Pack Index >>
The Home Information Pack contains
important information that buyers and sellers
need to know. From the 1 August 2007, anyone marketing
a 4 bedroom property, or their representative,
will be legally required to prepare a Home Information
Pack and make it available to potential buyers
of the property..
For sellers, providing a Pack upfront should reduce the likelihood of any nasty surprises in the selling process that could delay the sale, as buyers will be able to make more informed decisions about purchasing their home.
For buyers, the Pack provides essential information about properties they are considering buying, free of charge.
What does a Pack contain?
Energy
Performance Certificate
Energy Performance Certificates tell you how energy
efficient a home is on a scale of A-G. The most
efficient homes - which should have the lowest
fuel bills - are in band A.
The Certificate also tells you, on a scale of
A-G, about the impact the home has on the environment.
Better-rated homes should have less impact through
carbon dioxide (CO2) emissions.
The average property in the UK is in bands D-E
for both ratings. The Certificate includes recommendations
on ways to improve the home's energy efficiency
to save you money and help the environment.
Sellers of newly built homes will
have to provide a predicted assessment of the
energy efficiency of the property, but a full
Energy Performance Certificate should be provided
to the buyer when the home is completed.
Legal Summary
Home Information Packs will contain some complex
documents that can be difficult to understand.
The optional summary of the legal content of the
pack could therefore be very helpful to buyers,
although it will not remove the need for buyers
to take their own legal advice as well.
Sale
statement
The sale statement should provide some basic information
about the site, including:
- The address of the property
being sold
- Whether the property is freehold,
leasehold or commonhold
- Whether the property is registered
or unregistered
- Whether or not the property
is being sold with vacant possession
Searches
The Home Information Pack must include:
- The local land charges register
relating to the property being sold. If the
search is carried out by the local authority,
an official search certificate will be provided.
Alternatively a personal search company can
be used.
- Other records held by the local
authority on matters of interest to buyers,
such as planning decisions and road building
proposals. These are referred to as local enquiries
in the Home Information Pack regulations. A
local authority or a personal search company
can be used.
- The provision of drainage and
water services to the property. The local water
company or a personal search company can be
used (however, the search must comply with the
HIP Regulations, schedule 9)
The procedural guidance to the
Home Information Pack Regulations contains more
information about what should be included in the
search reports. For detailed advice dealing with
local enquiries, drainage and water, and general
provisions applying to all search reports and
those who provide them (e.g. local authorities,
water companies and personal search companies)
Evidence
of title
These documents prove that the seller owns the
property and therefore has the right to sell it.
Where the property being sold is registered, certain
documents that are available on request from the
Land Registry must be included in the Pack. These
provide an up-to-date official record of who owns
the land, and consist of:
- Official copies of the individual
register (made up of a property register, proprietorship
register and, typically, a charges register)
- An official copy of the title
plan
In the case of the sale of a commonhold
interest, official copies of the register and
title plan should be produced for both the unit
and common parts and
has details of additional requirements for sales
of commonhold properties. For sales of unregistered
land, the Pack must include copies of a certificate
of an official search of the index map (obtained
from the Land Registry), and those documents that
the seller intends to rely on to provide evidence
of title to the property, and thus the right to
sell it.
Leasehold
and commonhold documents
Most of the documents that must be included in
the Home Information Pack are applicable to all
transactions, but some are needed only for leasehold
and commonhold sales.
The required leasehold documents
are:
- A copy of the lease
- Any regulations or rules that
apply to the property that aren't mentioned
in the lease and any proposed amendments to
same
- Statements or summaries of service
charges covering the previous 36 months
- Where appropriate, the most
recent requests for payment of service charges,
ground rent, insurance against damage for the
building in which the property is situated,
and insurance in respect of personal injury
caused by or within the building during the
12-month period before marketing began
- The name and address of the
current or proposed lessor, and details of any
managing agent that has been appointed or proposed
by the lessor to manage the property
- A summary of any works being
undertaken or proposed that will affect the
property or the building in which it's situated.
The required commonhold
documents are:
An official copy of the individual register and
title plan for the common parts. This is in addition
to official copies for the unit
An official copy of the commonhold community statement.
Where they are reasonably obtainable, or sellers
can reasonably be expected to be aware of them,
the following documents and information are also
required:
- Copies of any regulations or
rules not described in the commonhold community
statement and any amendments proposed to those
regulations or to the commonhold community statement
- Copies of any requests for payments
made in the previous 12 months in respect of
commonhold assessment, reserve fund levy and
insurance (if not covered by a request for commonhold
assessment)
- The name and address of any
managing agent or other person appointed or
proposed to be appointed by the commonhold association
to manage the commonhold
- A summary of current or proposed
works affecting the commonhold.
Home
Information Pack Index
The compulsory documents include a Home Information
Pack Index listing the documents contained in
the Pack. The Index provides a checklist for sellers,
buyers, estate agents and enforcement authorities.
Where a document that must be included in the
Pack is unavailable, the Index must say so, give
the reason it is missing, and indicate what steps
are being taken to obtain it. Where documents
are added to or removed from the Pack at a later
stage, the Index should be revised accordingly.
Copyright
The material featured on this page is subject
to Crown copyright and has been sourced from http://www.homeinformationpacks.gov.uk |