Format (electronic or paper)
The pack can be held in any format. Where a potential buyer asks the responsible person for a copy of the Pack, this can be an electronic copy if this is acceptable to the buyer. However, if the potential buyer insists on a paper copy, they must be given one (with the exceptions described for estate agents).
A reasonable charge can be made for copying and posting paper copies of the Pack, but the legislation does not allow charging for electronic copies.
The use of Land Registry documents in HIPs
Note: This represents the view of the DCLG and Land Registry but cannot be regarded as a definitive statement of the law, as only the courts can conclusively determine this. Government cannot provide legal advice to HIP providers or other organisations, and they are recommended to seek their own independent legal advice if they have further queries on the issues raised here.
The HIP Regulations
Regulation 8(e) of the Home Information (No.2) Regulations 2007 requires that the following documents be included in the Pack where the property (or part of it) is registered at Land Registry:
-
an official copy of the individual register relating to the property (made up of a property register, proprietorship register and typically a charges register); and
-
an official copy of the title plan relating to the property.
An "official copy" issued by Land Registry may take the form of a paper document produced on watermarked paper or an electronic version of the document (in a PDF). Therefore, the original home information pack assembled should contain the official copies issued by Land Registry.
Copies of this pack provided to potential buyers and others should include a true copy e.g. a photocopy of the "official copy" or another official copy. (See Regulation 6 for further information on use of copies.)
The responsible person (i.e. the estate agent or seller) should retain the "original" HIP, which includes official copies, in case they are asked by an enforcement officer to produce it.
Use of electronic "official copies"
An electronic HIP can only be given to a buyer if the buyer agrees to receiving it in that form – otherwise a paper copy must be given.
The electronic version of the "official copy" incorporates a security feature that enables Land Registry to identify whether the PDF has been unlocked or modified. Land Registry's opinion about the status of official copy PDFs is set out in its Practice Guide 11 (paragraph 5.3):
In our view a print from the PDF file will be an official copy, provided the PDF file has not been modified or corrupted since receipt. Also in our view, if the PDF file is forwarded it will, provided it has not been modified or corrupted, constitute an official copy and a print from such an unmodified and uncorrupted PDF file will be an official copy.
Some HIP providers are incorporating Land Registry official copies into their own electronic HIP by either (a) scanning a paper official copy (i.e. a paper copy issued by Land Registry or a print out from the Land Registry PDF file) or (b) "unlocking" the Land Registry PDF file and incorporating it into the provider's electronic HIP. Single HIP PDFs prepared in this way may not contain official copies. However, in both cases, the resultant copy packs should comply with the HIP regulations when given to a potential buyer, as long as the resulting PDF copies are a "true copy" of the originals.
Use of Register Views
Instead of using official copies (as described above), some HIP providers are including "Register Views" obtained from Land Registry Direct as evidence of title. This option provides users with an on screen display of the register which can be downloaded and printed. Although the information contained within a printed version of the register view may be identical, it is not an official copy of the register and is not therefore acceptable for inclusion in the HIP.
- Read the HIPs Regulations
