When will 1-2 bedroom properties require a HIP?
Although there are rumours that all properties will require a HIP from January 1st, currently, this has not been announced by the government although an announcement is expected in November.
How long is a HIP valid for?
Technically, there are no time limits on the contents of a HIP, and there is no obligation on either the agent, seller or HIP provider to keep them updated. However, the local authority searches will typically only be accepted by lenders for between 3 to 6 months after they have been produced.
Do new-build properties need a HIP?
Currently, the calculation methodology used for producing the Energy Performance Certificates (EPCs) does not work for properties built to post 2006 Building Regulations standards. Therefore, the government has decided that as they cannot contain an EPC, then a HIP is not required for such properties.
Is there an obligation to produce a printed copy of a HIP?
The “responsible person”, i.e. the estate agent (or seller if selling privately) must make a copy of the HIP available if requested. However, the buyer does not have to accept an electronic version, and a reasonable fee may be charged for providing a printed copy.
Who owns the HIP?
Fundamentally, whoever has paid for the HIP is the owner and they are free to transfer the HIP to whichever agent they choose. If the agent has paid for the HIP, then a commercial arrangement may exist that may restrict the transfer of the HIP.
Does a HIP need to use “perfect binding” to be legal?
No - there is no specific requirement to use particular binding methods, but there is a duty of care on the HIP provider to provide an accurate copy of the documentation which implies some precautions should be taken to ensure that it remains in the correct order.
If a property is being “quietly” marketed, will it still need a HIP?
If an agent communicates to more than one person about the availability of a property for sale, then it will require a HIP.
If a property was on the market before the introduction of HIPs, will it need a HIP?
There was originally a concept of a “Drop Dead Date” whereby all properties would need a HIP irrespective of when they were placed on the market. However, since May, with the imposition of the temporary arrangements, this date has not been set, and currently there is no requirement for a property that has been continuously marketed since August 1st (or September 10th for 3 bedroom properties) to have a HIP.
If a property is being sold with a tenant who will NOT be moving out at the time of sale, is a HIP required?
No - the law is clear that tenanted properties do not need a HIP.
What types of properties will need a HIP?
The general principle behind HIPs is that they are aimed at private home owners who are planning to sell their own property. Therefore, properties such as tenanted buy-to-lets or commercial properties are not required to have a HIP.
From January 1st 2008, what will be required before a property can be marketed?
The transitional arrangements currently in place will expire on 31st December 2007, so the original HIP requirements will then come into force. These stated that you will need at minimum, the index, evidence of title, energy performance certificate and sale statement before a property can be marketed. The original 28 day rule will come into play regarding searches and leasehold information.
Overall, how long will a HIP take to produce?
Realistically, and given some of the recent problems with several water companies, HIPs are taking about three weeks to produce. The main bottlenecks are the drainage and water searches, local authority searches and obtaining leasehold information from managing agents.
What are the minimal documents required for a HIP to be compliant?
An index, sale statement, evidence of title, energy performance certificate, local authority searches, drainage search and leasehold documentation where appropriate.
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