Suspension of the Home Information Pack

 30-05-2010

Home Information Pack duties are suspended with immediate effect from 21 May 2010. This means that homes marketed for sale on or after this date will no longer require a Home Information Pack.  However, Energy Performance Certificates are still required.

Requirements after the Home Information Pack

I am just about to put my house on the market.  Do I still need a HIP?

The duty to have a HIP has been suspended from 21 May. This means homes put on the market on or after that date will no longer require a HIP. However, you will need to have commissioned, but not necessarily received an EPC before marketing can commence.

Will I still need an EPC after the suspension of HIPs?

Yes. Sellers will need to have or to have commissioned but not necessarily received an Energy Performance Certificate before marketing can start.

Whose duty is it to provide the EPC?

The duty to provide an EPC falls on the seller

When does the EPC have to be provided?

An EPC has to be available or have been commissioned before a home can be marketed for sale. It should be provided to potential buyers at the earliest opportunity and before entering into a contract to sell the property.

What is the penalty for not providing an EPC – who will enforce it?

There is a fixed penalty of £200. Enforcement of these requirements is the responsibility of Trading Standards Officers. There are also penalties for not complying with the duty to commission an EPC before putting the property on the market.

Can I reuse the EPC I received in the HIP when I come to sell my home if it (the EPC) is more than 3 years old?

Yes. Following the suspension of HIPs, all EPCs will be valid for 10 years.

Can I still rely on the HIP produced for the home I am buying?

Yes.  There is no reason why a buyer cannot rely on the documents contained in the HIP.

Will an EPC still be needed after the suspension of HIPs?

Yes. Sellers will need to have commissioned but not necessarily received an Energy Performance Certificate before marketing can start. Estate agents cannot start marketing until they are satisfied that an EPC is available or has been commissioned.

Agents will also have to include energy information in written particulars, as was the case before the suspension of HIPs.  They must do so as soon as the energy information becomes available.

Who will be responsible for providing the EPC?

The duty to provide an EPC falls on either the seller, in the case of a building being sold, or the landlord, in the case of a building being rented. In the case of new buildings the duty to provide an EPC falls on the builder.

When does the EPC have to be provided?

An EPC has to be made available at the earliest opportunity and, in any event, no later than exchange of contracts.  As soon as the EPC is obtained the energy rating or the EPC must be included with any written particulars.

How long will the EPC be valid for if it is not part of a HIP?

All EPCs for all buildings are valid for 10 years from the date that they are prepared.

What about the requirement to include energy information in written particulars?

The duty to include energy information in written particulars has been retained.  It arises once an EPC has been obtained.

Is there a time limit on this?

The seller and estate agent must use all reasonable efforts to ensure that the EPC is available within 28 days of the property going on the market.

Will estate agents have any HIP duties once they are suspended?

No but there will be duties under the EPB Regulations for agents to ensure that an EPC has been commissioned before marketing starts and to include the rating in written particulars when available.

The end of the Home Information Pack.
home information pack