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Answers to Common Queries

HIPs apply to residential properties marketed for sale. The definition of marketing is in section 149 of the Housing Act 2004.

4+ bedroom properties require a HIP if they were put on the market on or after 1 August 2007.

3 bedroom properties require a HIP if they were put on the market on or after 10 September 2007.

Most other residential properties require a HIP if they were put on the market on or after 14 December 2007, whatever their size.

Any property that was already on the market on the relevant commencement date and that has been continuously marketed since does not need to have a HIP.

Exemptions
  • Properties where there is no marketing (e.g. Private sales to a family member, neighbour, friend etc.)
  • Non-residential properties
  • Seasonal and holiday accommodation
  • Mixed sales (e.g. shop with flat, farm with farmhouse, etc)
  • Right to buy and similar sales
  • Sales of portfolios of properties
  • Properties not being sold with complete vacant possession (e.g. with a sitting tenant who will remain living in the property after the sale)
  • Unsafe properties and properties to be demolished.
How long is a Pack valid for? The HIP is valid for as long as the property is continuously marketed for sale and is valid for up to one year, where it is withdrawn from the market and re-marketed by the same owner.

There is no requirement for any component of the HIP to be updated whilst the property is marketed for sale. It is up to the seller and buyer to negotiate any refresh of any component of the HIP.

Changing Estate Agents

A property that has been on the market since before its corresponding commencement date, and is therefore exempt from the HIP duties, will continue to be exempt if the seller changes Estate Agents, provided that there is no break in the marketing

There is no reason why an agent cannot rely on a HIP provided by the seller, a different estate agent or a HIP provider other than the one they would normally use, as long as they are content that it is compliant

Ownership of the HIP will depend on the contractual agreement that has been entered in between the parties

Copies of the Pack

Any potential buyers are entitled to receive a copy of the Pack. A seller is also entitled to see a copy of the HIP on their property.

The copy can be an electronic copy if they are happy to have it in this format but they are entitled to have a paper copy if this is preferred. In this case the agent may make a reasonable charge to cover the cost of postage and copying. No charge may be made where the seller requests a copy of the pack.

Energy Performance Certificates (EPCs)

Information regarding the roll out of EPCs to rental and commercial properties can be found at: www.communities.gov.uk/epbd

If you require more information on EPCs you can contact the helpline on 0845 365 2468 or help@epbduk.info.


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