How to compile
my own HIPS?
If
you're marketing a property yourself, you must have a Home Information
Pack and make copies of it available to potential buyers *. However,
even if you're using an estate agent, you can still put one together
yourself.
When do I have to make a Pack available?
The
person responsible for marketing a property (this could be you, or in
most cases, the estate agent) must have commissioned a Home Information
Pack by the time that the property is on the market. As soon as you
have received the Energy Performance Certificate (a compulsory part of
the Pack), you must produce a Pack and provide potential buyers with a
copy of the Pack, or any document from it on request. In most cases,
this period is 14 days after the date of the request.
Note: First
Day Marketing provisions have been extended for an additional 5 months
to allow for full flexibility - from 1 June until 31 December 2008, to
ensure
continued smooth implementation of HIPs.
What should the Pack contain?
If you produce your own, you will need to
ensure that you have all of the documents listed in What's in a Home Information Pack?
What do I need to do?
You'll need to:
- Contact
a solicitor or conveyancer to arrange for the searches and legal
documents you need or go to the appropriate local authority or a
personal search company for the searches, and to the Land Registry for
evidence of title.
- Locate a Domestic
Energy Assessor to do
your Energy
Performance Certificate
- Find a Home Inspector if you want a Home
Condition Report (optional)
*
Potential buyers should usually be entitled to a copy of the Pack if
they want it and are prepared to pay a reasonable fee for the copying
costs, but the seller or estate agent can turn down requests without
incurring a penalty where it is believed that:
- The
person could not afford the property in question. The seller might, for
example, want to exclude people who cannot demonstrate that they have
arranged an 'in principle' mortgage
- The person making the
request is not really interested in buying the property – for example,
a journalist posing as a buyer to gain access to the Pack relating to a
celebrity's home
- The potential buyer is not a person to whom
the seller would wish to sell the property. The current position is
that sellers can refuse to sell to a particular person, and do not have
to give a reason. It should be emphasised, however, that this does not
affect anyone's rights under legislation governing discrimination on
the grounds of race, sex or disability.
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Compile My Own
HIPS - compiling
explained
____________________________________________________________________
Self-compiling:compulsory
documents
Self-compiling:
leasehold/commonhold
Self-compiling:
optional items
As
a seller, you can compile your own Pack as long as you get all the
required documents from the appropriate sources. Some are compulsory
and others are optional, although it's possible that some of the
optional documents will be requested by the buyer's conveyancer later
in the process - so it might save time to get them now. Guidance on how
to get the different documents is provided below.
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Self-compiling: compulsory documents
1) An Index is a list
of the Pack's contents.
2) Energy Performance Certificates
(EPCs)
An
Energy Performance Certificate can be obtained by instructing
a
registered Domestic Energy Assessor (DEA). Note that all Home
Inspectors are certified as Domestic Energy Assessors as well. See
below for details of how to find a DEA.
3) A sale statement
summarises the terms of sale.
4) If your home is
registered, evidence of title
is provided by the official copies of the register and title plan,
which can be obtained from the appropriate Land Registry office. A fee
is payable, and such copies are acceptable as evidence in the courts.
Alternatively, plain copies can be found at the
Land Registry.
If
your home isn't registered, you'll need to supply an official result of
a search of the index map (SIM) confirming this. This can be obtained
from the appropriate Land Registry office. The result should be
accompanied by whatever documents you are relying on to show that you
have title to the property - and therefore the right to sell it. For
more information, visit the Land Registry website.
5) A Local
search
can be requested from the Local Land Charges department of the Local
Authority that your property is in. Alternatively, you can use a
channel of the National Land Information Service (NLIS) or a personal
search company. Details of these companies will be in your local
business listings.
6) A drainage and water search
can be requested from your water supplier. Again, you can use a channel
of the National Land Information Service or a personal search company.
Details of these companies can be found in your local business listings.
7) Commision a Domestic
Energy Assessor
(DEA)
This has to be done by an DEA or Home inspector
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Self-compiling: leasehold/commonhold
If your property is leasehold,
you need to include a copy of the lease and any proposed changes to the
lease.
Leasehold
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 the property is registered, information
on how to obtain an official, court-admissible copy of the lease (along
with the associated fee) will be available
from the Land Registry. Plain copies of the lease may also be
available.
The
Lease is the only required document for a HIP but sellers should
include other leasehold documents whenever available and the following
are authorised for inclusion in Home Information Packs:
- 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.
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. These copies, together with information about
the fees, can
be obtained from the Land Registry
- 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.
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Self-compiling:
optional items
You
may also decide to include some or all of the following additional
documents in your Pack. You don't have to include these documents, but
it could increase the chances of a smoother sale if you do. The
additional documents include:
- A Home Condition Report
- an objective report on the condition of your home on which your buyer
and their mortgage lender can rely. For details of how to find a Home
Inspector, follow the procedure outlined in Finding a DEA above.
- Home-contents
and home-use forms - forms completed by the seller on a range of
matters of interest to potential buyers. Copies of these forms can be
downloaded here: Home Contents Form
Home Use Form
- Any relevant guaranties and warranties on the
property.
Additional
searches, such as mining, environmental and flood-risk, will often be
needed by buyers in particular areas. It will save time if sellers
provide these themselves where appropriate.