Introduction
Home Information Packs (HIPs) are as new concept as of 2007. They aim to bring together all the information needed during the sale / purchase of a home (i.e. property for residential purposes) so as to minimise cost and time of all parties involved.
We have many more articles on Home information packs. You can also buy and download a pack for use today
The relevant Acts of Parliament and regulations associated with HIPs are:
- Housing Act 2004; and
- the Home Information Pack Regulations 2007
The Home Information Pack will change the way you do business. Make sure you're prepared.
How will Home Information Packs affect me?
From 1 August 2007, owners of a home with four or more bedrooms in England and Wales will have to prepare a Home Information Pack before putting their home up for sale.
The Pack will bring together key information needed by buyers and sellers at the very start of the home-buying process.
When marketing begins, the Pack must contain at least the following:
- an index of contents;
- a sale statement;
- evidence of title (for registered properties);
- an Energy Performance Certificate;
- searches and leasehold/commonhold documents (or proof that these have been commissioned).
The following documents are also compulsory, but can be added to the pack later if there are delays in obtaining them:
- evidence of title (for unregistered properties)
- searches
- leasehold/commonhold documents.
Where any items are missing, the index should explain why. Where searches, leasehold or commonhold documents are missing, the seller needs to provide evidence that an agreement has been made to provide the documents as soon as practicable and within 28 days, except in exceptional circumstances. If this takes longer than 28 days, marketers will be expected to demonstrate that they have made all reasonable efforts and enquiries to obtain them.
What do I need to do?
The person responsible for marketing a property must have a Home Information Pack in their possession while the property is on the market and provide a potential buyer with a copy of the Pack, or any document from it, on request and within the ‘permitted period’. These duties do not apply to sellers in cases where an estate agent is responsible for marketing the property.
The ‘permitted period’ is either 14 days following the request for copies, or, if later, the day on which a payment for copies is received.
Where do I get a Pack?
Net Lawman supply a comprehensive Home Information Pack, complete with guidance notes here:
How long does a Pack last for?
If a property is marketed continuously, there is no duty to update the Home Information Pack; the market decides whether the documents remain acceptable and up to date.
If marketing stops and then starts again, this would normally trigger the need to assemble a new pack and to update the time-sensitive documents where necessary.
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 because it highlights any problems straight away for potential buyers, avoiding nasty shocks later in the process.
What does a pack contain?
You can read about what a pack contains in our article here.
Leasehold or commonhold?
If your property is leasehold, you need to include a copy of the lease and any proposed changes to the lease.
The lease should have been provided to you when you purchased the property. If the property is registered, information on how to obtain an official, court-admissible copy (along with the associated fee) will be available from the Land Registry. Plain copies of the lease may also be available.
You also need to include the following:
- information on service charges;
- details of the current lessor and, if different, whoever is responsible for managing the property;
- the management rules;
- details of any proposed works to the property or the building in which it is located.
All of these documents should have been provided to you by the landlord or manager of your building. If you’ve lost or mislaid any of them, you should be able to get copies from the landlord or manager – although you’ll probably have to pay a fee.
If your property is commonhold, you need to include the following information:
- official copies of the individual register and title plan relating to the common parts and the commonhold community statement referred to in the register. These can be obtained from the appropriate Land Registry office. A fee is payable, and such copies are acceptable as evidence in the courts. Information regarding how to obtain official copies and the fees payable can be obtained from the Land Registry website;
- apart from those described in the commonhold community statement, any regulations made for the purpose of managing the commonhold and any proposed changes to them;
- most recent requests for financial contributions in respect of the property;
- details of the managing agent and any other person responsible for managing the commonhold;
- details of any proposed works to the property or the common parts
New builds
Sellers of newly built homes will have to provide a Home Information Pack for potential buyers. As most new homes are sold ‘off plan’ before they’re built, there might be differences between the pack for a new home and one provided for an older home.
For example, depending on what stage of construction has been reached when the property is sold, the title information and searches might not be site specific, and could cover an area wider than the site of the property being sold.
Sellers may also provide a predicted assessment of the energy efficiency of the property: a full Energy Performance Certificate should be provided to the buyer when the home is completed.
Do I need a Pack?
You do not need a Home Information Pack for:
- properties where there is no marketing (e.g. sale to member of the family);
- non-residential properties;
- seasonal and holiday accommodation;
- mixed sales (e.g. shop with flat);
- right to buy sales;
- sales of portfolios of properties;
- properties not being sold with completely vacant possession;
- unsafe properties and properties to be demolished.
Relevant Net Lawman document templates:
PR499 Home Information packs
PR500 Home condition report
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