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Warning: These articles were originally published as brief newspaper articles. The articles are not intended to be definitive advice on any particular set of circumstances. The authors and the firm of Nicholson Portnell accept no liability for any use of these articles. Specific legal advice should always be sought in all cases for any actual transactions or matters.
Selling Your Home? Recent Home Information Pack Changes You Need To Be Aware Of - April 2009
Simon Jewitt
If you are about to begin the process of selling your home you need to be aware that the rules regarding the production and contents of Home Information Packs (HIPs) has changed since the 6th April 2009.
Since the 14 December 2007 a seller, who has put their home on the market, has been required to order a HIP for that property. HIPs have always had to include certain “Required Documents”. These Required Documents include:-
• Evidence of the Seller’s ownership of the property;
• An Energy Performance Certificate (EPC) which details how energy efficient the property is;
• A Local Authority Search and a Drainage and Water Search.
Since April 6th the HIP must now also contain a Property Information Questionnaire (PIQ) as completed by the seller. Although your estate agent must ensure that the PIQ is included in the HIP there is no requirement for a seller to be provided with advice in relation to the completion of this PIQ. Many of the questions in the PIQ would benefit from the input of legal knowledge, and essentially your solicitor is the person best placed to help you complete this form.
Since 6th April a property can only be placed on the market when all of the Required Documents have been requested and paid for, or a commitment to pay for them has been made. Furthermore, the property can only be marketed if the following Required Documents are actually available and contained in a HIP:-
• An index;
• A PIQ;
• An EPC;
• For new homes a Sustainability Certificate;
• A sales statement;
• Evidence of the Seller’s ownership.
Moreover the 6th April changes now mean that any search company providing the Local Authority Search in the HIP can no longer exclude required data from this Local Authority Search and offer instead insurance cover as a replacement. All of the required data now needs to be included in the Search.
Essentially your solicitor is the person best placed to ensure that a compliant HIP is requested as quickly and efficiently as possible. Furthermore, Nicholson Portnell is now offering a service (“Hip-Plus”) whereby additional documents can be included in the HIP to ensure that your sale progresses more smoothly than would otherwise be the case.
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