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HIPS What Are They?

A HIP is an information pack which contains a number of legal documents such as property title deeds, Local Authority searches, an Energy Performance Certificate, and the voluntary option of the Home Conditions Report. Marketing of a property can not commerce without a HIP which will be paid for by the Seller.

How much will a HIP cost?
The price of the HIP will depend upon the size, value and location of the property. They are likely to be between £375 and £500.

When will HIPS be introduced?
The government plan to make HIPs compulsory from the 1st June 2007. The Home Conditions Report is no longer a compulsory element. HIP are currently being offered on a voluntary basis by HIP Providers throughout Britain.

What would happen if I market my property without a HIP?
A fine of £200 may be issued to the seller if a property is marketed without a HIP. However it is not a criminal offence.

Will the Packs become out of date?
No, once the pack is prepared, it is valid for however long it takes the property to be sold. The HIP can be renewed if requested, but this is not a requirement.

Can I keep my existing conveyancing process?
Yes. A HIP is not a conveyance, but a collection of legal documents. Sinclairs specialise solely in the production of HIPs. Buyers and sellers will still require conveyancing services.

What should I do if the buyer asks questions regarding legal documents contained within the HIP?
You must advise buyers that you are in no position to answer any legal questions and advise them that independent legal advice should be obtained.

The Home Conditions Report (HCR) has become a voluntary option, but the Government hope to introduce it as a compulsory element once enough Home Inspector have qualified and the HCR has had an opportunity to prove itself to the critics.

HIPs will not be required for the following:-

Properties in Scotland and Northern Ireland
Non-residential properties or where homes are in mixed use with commercial property
Private sales where the property is not offered on the open market (e.g. to a family member, neighbour, or friend)
Properties sold with sitting tenants and not available for owner occupation
‘Right to Buy’ sales by Local Authorities or other social landlords
Homes held on a lease of less than 21 years

The initial advantage of buying a HIP privately is that once your pack has been received you can market your property immediately, with or without an Estate Agent.

What must legally be in a Home Information Pack?

terms of sale;
an Energy Performance Certificate
evidence of title eg an office copy of the HM Land Register for the house;
replies to standard preliminary enquiries made on behalf of buyers;
copies of any planning, listed building and building regulations consents and approvals;
for new properties, copies of warranties and guarantees;
any guarantees for work carried out on the property
replies to local searches; and

Also, for leasehold properties:
a copy of the lease;
most recent service charge accounts and receipts;
building insurance policy details and payment receipts;
regulations made by the landlord or management company; and
memorandum and articles of the landlord or management company

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The Gardenlaw website

Your house is more than just bricks and mortar.It is your home,a sanctuary,a source of pride,a comfort. Everyone tells you so: mortgage lenders, banks, estate agents,solicitors,s urveyors, architects, even the government - and they all make a living out of you! This does not finish when you have signed on the dotted line! Then come the removal firms, DIY, garden centres, utilities etc.

If you are paying for all these and more what rights and obligations do you have? Gardenlaw was set up to answer some of these. It is the world's premier site in the field and has a unique Discussion Forum in which questions are posed and views expressed. Each house has its own set of problems; its own history almost an ancestry which makes it what it is today. The deeds can be like a geneology and be just as fascinating as a family's own history.

What kind of topics can you find in Gardenlaw?

They are as varied as you and I but include:

Do I own my fence?
Can my neighbour make me pay for the repair of the boundary wall?
Do I need planning permission for decking?
The neighbours' trees overhang my garden what can I do?
The roots are causing cracking in my conservatory can I have the tree removed?
A Tree Preservation Order is being broken.
Adverse possession of some land - how do I claim it?
Cats dig up my plants, dogs bark all night, neighbours make my life a misery with their music.

Read on! We hope this site will help you.

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do not email Garden Law direct with your legal questions. The discussion forum is for the benefit of everyone. Using it means everyone gains from your experiences and from the generous advice of our expert members.

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