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The Home Information Pack

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The current regulations state that the Seller, or their selling agent, must have the original documents that comprise the HIP in their possession or control at the First Point of Marketing. The First Point of Marketing is the date the property is first offered for sale on the open market by the Seller or their estate agent.
 

The 14 day rule
 

There is provision in the regulations to prevent undue delay in getting a property to market. If a required document is not available after 14 days then, in certain circumstances, the property may be marketed without it.
 

Note: Before marketing a property without all the required HIP documents the Seller and/or their agent should take qualified legal advice to ensure that they have complied strictly with the regulations. CMS panel property lawyers and solicitors are qualified to provide advice on the HIP regulations.


Who is entitled to see a copy of the HIP?

 

A copy of the HIP must be made available to potential buyers upon request. There is provision within the regulations for the seller or their selling agent to refuse to provide a copy of the HIP under certain circumstances. It is important to take qualified legal advice before refusing to supply a copy to a potential buyer.  A reasonable charge may be levied by the selling agent for producing a paper copy of the HIP and for any postage incurred.

 

The seller or their agent must also provide a copy of the home information pack on demand to any law enforcement agency.

 

Documents included in the HIP

 

Documents that must be included in the HIP by law are called “required” documents and documents that are not required but are allowed to be included are called “authorised” documents. All of the documents in the HIP must be the original documents, official copy documents from the Land Registry or true copies of the original document.

 

List of required documents:

  • An Index of the HIP Contents

  • A Sale statement describing the property being sold.

  • Evidence of title

      
    Freehold

    • If the title to the property is registered at the Land Registry the HIP must include Official Copy Entries of the registered title, from the Land Registry, and an Official Copy of the Filed Plan.

    • With unregistered title, the HIP must include an Official Search of the Land Registry Index Map and an Epitome of Title. The Epitome would deduce title and include the original, or certified copies, of the deeds proving title to the property for a period of at least fifteen years.

    • Where part of the property in a sub-divided building is not sold with vacant possession all Leases, tenancies or licences that relate.

         
     
    Commonhold – Additional documents required

    • A copy of the Land Registry individual register and title plan for the common parts.

    • Land Registry copy of Commonhold community statement.

    • Land Registry copy of memorandum and articles of association of Commonhold association.

    • Name and address of managing agents and/or other manager.

    • Rules and regulations outside the Commonhold community statement.

    • Amendments proposed to the Commonhold community statement, Memorandum and Articles of Commonhold association and other rules.

    • Summary of works affecting the Commonhold (current or proposed).

    • Requests for payment of Commonhold assessment for the past 12 months.

    • Requests for payment of reserve fund for the past 12 months

    • Requests for payment for insurance for the past 12 months (separate to Commonhold assessment or reserve fund).

    • Part 3 of the Property Use form.

    • New Commonhold Properties only - Proposed Commonhold community statement, Memorandum and Articles of Association.

    • New Commonhold Properties only – an estimate of Commonhold assessment, reserve fund and insurance payments expected during the 12 months following completion.

    Recommended publication - The HIP Way to Buy and Sell Your House by Sharon Buthlay (a consumer guide to the HIP - ISBN 1-84528-152-7 - available from May 2007 from www.howtobooks.co.uk

     

     

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