Searches and EPCs

Searches and EPCs

(Energy Performance Certificate)

As of 21st May 2010 you no longer need a Home Information Pack to openly market the sale of your property. The Government have suspended this legal requirement with immediate effect. If you are selling a property you do still legally need to have Energy Perfomance Certificate (EPC)  or have commissioned one prior to openly marketing your property. The penalty for not providing one is £200.

As a property purchaser there are compulsory searches that are required. These are Local Authority Searches and if applicable a Coal Authority Mining Report. These are valid for 6 months. If your property purchase does not complete within this timeframe you will have to have the searches done again. At JMS Solicitors we are able to offer you a second set of compulsory searches at a reduced price. This will provide you with additional peace of mind and added value in not incurring the full cost again.

JMS Solcitors can supply you with Searches and Commercial and Residential EPCs usually within 24 hours of receiving instruction or gaining access to your property. Call us today to arrange your Search or EPC prices starting from £40.

Freephone 0800 781 7057

 

HIPs news

HIPs scrapped by coalition government

The coalition government has suspended the use of Home Information Packs (HIPs) by home sellers.

HIPs were introduced in 2007 in England and Wales.

The aim was to speed up the house selling process by obliging sellers to provide much of the required conveyancing information when properties are first put up for sale.

The packs are paid for by sellers and contain property information, title deeds, and local searches.

 

House price inflation hits 10.5%, says the Nationwide

House price inflation hits 10.5%, says the Nationwide
Prices are up but sales are still very subdued The annual rate of UK house price inflation has hit double figures for the first time since June 2007, according to the Nationwide.

The building society said that house prices in the UK had risen by 10.5% in the year to the end of April.

Prices rose by 1% in April to push the cost of the average home to £167,802.

Source: BBC News

New government measures to benefit buyers

From 6th April 2009 the government regulation changes on first day marketing of properties comes in to force. Previously sellers could commission and pay for a HIP and then start marketing their property for up to 28 days before the pack was available. This resulted in some buyers losing out by making decisions about purchases without the benefit of seeing the pack. However the regulations now require that on the first day of marketing, buyers have certainty that the HIP will be available as soon as a property comes onto the market.

Home Information Pack (HIP) Improvements to be Discussed

In a recent announcement the government has set out proposals for improvements to the Home Information Pack (HIP).

Over the coming months the Department for Communities and Local Government is to consult on two proposed changes to the information that should be supplied in all Home Information Packs (HIPs). It is hoped that these proposed changes will improve the process of buying property in the UK.

Law Society urges use of Solicitors for HIPs

The Law Society has urged UK homeowners to use qualified solicitors to provide their Home Information Pack. This encouragement is in light of government warnings that some rouge HIP providers are putting incorrect or incomplete documents in the packs.

Home Information Packs - Benefiting U.K. Consumers

The U.K. Government today announced a package of measures to help ensure consumers are seeing the vital information in Home Information Packs and are receiving a higher standard of service in the home buying and selling process.

Research highlights satisfaction with Home Information Packs

Results from recent Home Information Pack area trials have revealed that 72 per cent of sellers are satisfied with the HIP. Over 79 per cent of consumers questioned agreed that the pack contained everything that they expected, and 81 per cent were able to understood and make use of the documents.

frequently asked questions

Home Information Pack (HIP) Questions and Answers

JMS Solicitors are here to answer all your queries relating the recently introduced Home Information Packs (HIP) and Energy Performance Certificate (EPC).

What is a Home Information Pack?
What is in the Home Information Pack?
When do I need a Home Information Pack?
When do I not need a Home Information Pack?

What is a Home Information Pack?

The Home Information Pack (the HIP) is a set of documents put together when a property is put on the market for sale. The Pack includes information about the property itself and its energy efficiency.

The aim of the Pack is to reduce stress in the conveyancing process, by making information available to prospective buyers from the outset, so there are no nasty surprises as the sale proceeds.

What is in the Home Information Pack?

1. Compulsory Documents

  1. A Home Information Pack Index
  2. The Energy Performance Certificate (EPC)

When you put your house on the market it is now law that the Energy Performance Certificate has been ordered.

The EPC shows you not only the current energy rating of your property, but also cost effective ways in which that rating can be improved. A higher rating means that the heating bills will be lower, and carbon emissions will also be lower. Example Energy Performance Certificate

There is an EU Directive that requires our Government to provide the EU with statistics as to how energy efficient we are as a nation. The UK has been directed to reduce carbon emissions or face substantial fines.

By including the EPC in the Home Information Pack, the Government can compile their statistics whilst actively encouraging home buyers/sellers to improve the energy rating of their homes.

At JMS Solicitors we have our own team of in-house Energy Assessors who can carry out an Energy Assessment on your home, often on a same-day/next day basis. We can also arrange appointments for evenings (subject to daylight hours!) and weekends.

The appointment lasts between 30 and 60 minutes, depending on the size of the property. Our assessor will measure the property, and will need access to your boiler and roof space (where possible). It is a visual inspection and will not cause any damage or require you to move furniture/lift carpets etc.

  1. Sale Statement – simply detailing the terms on which the property is offered for sale (e.g. freehold or leasehold, who is selling and is vacant possession being given). Sample Sale Statement
  2. Property Information Questionnaire (PIQ) completed by the seller. It provides a helpful checklist of simple information about a property buyers need to know before making any decision on the property.
  3. Evidence of Title (proof that the seller owns the property and that it is theirs to sell)
  4. Standard Searches: the only ones that are legally required are the local search and the drainage and water search.
  5. Where a property is Leasehold, a copy of the Lease is required
  6. Where a property is commonhold (some flats/apartments), certain Commonhold Information will be required.
  7. For newly built homes Sustainability Information. The Code for Sustainable Homes measures the environmental impact of a new home against nine categories. The code requirements only apply to new homes where a local council has received a building notice, initial notice or full plans application after 1 May 2008. Newly built homes must have either: a certificate (or interim certificate) showing the sustainability of the home assessed against the standards under the Code for Sustainable Homes OR a nil-rated certificate where the property has not been assessed against the Code

2. Optional Documents

  1. A Home Condition Report – this is a much more in-depth survey carried out by Home Inspectors. It includes the EPC but also goes into some depth as to the condition of the property, much more like a survey. Whilst this can be useful to show buyers that the property is in good condition, or to let them know from the outset that certain work needs to be done, it is not usually relied upon by mortgage lenders, who would expect the buyer to pay for a full survey if there were any doubts as to the property’s condition.

    JMS Solicitors have their own Home Inspector available to carry out this survey for you, if you decide you would like to include a Home Condition Report in your HIP.

  2. A Legal Summary prepared by the Solicitors
  3. Any Guarantees and Warranties for the property.
  4. Other Searches such as a mining search – required in certain geographic areas.
  5. A Home Use Form
  6. A Home Contents Form – a tick list of any contents that will be left in the property. This is not mandatory because it is difficult for any seller to decide what fixtures and fittings are to be left in the property until they have a buyer i) how much is the buyer paying? ii) what fixtures will be in the seller’s new property?
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When do I need a Home Information Pack (HIP)?

Home Information Packs are mandatory on all residential properties being marketed for sale

Home Information Packs were rolled out over a period of time, starting with the bigger properties. They became mandatory for all properties from 14th December 2007.

Number of Bedrooms:HIP required from:
4 bedrooms plus1st August 2007
3 Bedrooms plus10th September 2007
0-2 Bedrooms14th December 2007

All properties therefore now need a HIP unless they fall into one of the exempt categories

When do I not need a Home Information Pack?

If a property is not being placed on the open market (e.g. sale between friends or ‘right to buy’ applications from the local authority)

Business Use – Properties that are classed as or have planning consent to be used as a business –so long as that business use continues after the sale.

If a sale is of a shop with a flat above or a doctor’s surgery with living space (i.e. mixed business and residential use).

Where a seller is selling several properties as one portfolio.

Properties that have been classified as unfit for habitation by the planning authority, and that will remain so after completion.

Any property that has a demolition order on it.

Properties that are limited by law as holiday accommodation or occupancy for less than 11 months per year

Properties that are not being sold as completely vacant,e.g. with a sitting tenant

The above list is not exhaustive but includes the main situations where a HIP is not required. The Government are tightening up the HIP legislation, and we will update this list when we hear of any changes.

It is also worth checking www.homeinformationpacks.gov.uk for the latest news from the Government regarding HIPS.

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home information pack glossary

Home Information Pack (HIP) Glossary

If you are looking for help with your Home Information Pack (HIP) contact JMS Solicitors. Based in Trafford, Manchester JMS Solicitors are able to provide you with your HIP for a low cost fee. Call us on Freephone 0800 781 7057 for more information of alternatively complete our simple enquiry form.

An explanation of terms commonly associated with Home Information Packs can be found below.

Energy Assessor – a domestic energy assessor tests the energy efficiency of building and suggests how it can be improved. They will typically collect information on the age, building type, number of windows and type of heating system in a property.

Energy Performance Certificate (EPC) – a compulsory part of the Home Information Pack. The EPC shows the current energy rating of a property as well as ways that the rating could be improved.

Energy Rating – the energy rating is a measure of how energy efficient a home is. The higher the rating the more energy efficient the home is and the lower the fuel bills will be.

Evidence of Title – documents that prove that the seller of the property is the owner and therefore has the right to sell it.

Home Condition Report – an objective report on the condition of a property designed to be used by home buyers, sellers and mortgage lenders. A description of the general condition of a home taking into account its age and location.

Home Contents Form – a list of the items that will be left in the property when it is sold. The Home Contents Form is a non-compulsory part of Home Information Pack and is intended to be of use to the buyer.

Home Information Pack – the Home Information Pack contains a series of documents relating to a property being sold. Introduced in 2007 the pack is designed to assist potential buyers of a home.

Home Information Pack Index - lists the documents contained in the HIP and provides a checklist for sellers, buyers, estate agents and enforcement authorities. If a document that must be included in the HIP is unavailable, the Index must say so, give the reason it is missing, and list what steps are being taken to get it. The Index should be updated whenever documents are added or removed.

Home Use Form – also known as a Sellers Property Information Form the home use form is a questionnaire giving information about a property such as its council tax band, land boundaries and connected utilities.

Property Information Questionnaire (PIQ) - completed by the seller. It provides a helpful checklist of simple information about a property buyers need to know before making any decision on the property.

Sale Statement – a document detailing the terms on which a property is being offered for sale. The sale statement includes information such as if the property is freehold or leasehold and who is selling.

Standard Searches – informs the buyer of a property about any hidden charges relating to the home. Examples of charges include those due to local authorities and providers of utilities.

Sustainability Information - for newly built homes. The Code for Sustainable Homes measures the environmental impact of a new home against nine categories. The code requirements only apply to new homes where a local council has received a building notice, initial notice or full plans application after 1 May 2008. Newly built homes must have either: a certificate (or interim certificate) showing the sustainability of the home assessed against the standards under the Code for Sustainable Homes OR a nil-rated certificate where the property has not been assessed against the Code