Conveyancing & HIP

UK (SANEPR.com) April 30, 2008 -- If you are selling or buying a property in England or Wales it is now government legislation as from the 1st June 2007 to recieve or offer a Home Information Pack during the exchange of your property.

Home Information Packs will include the following mandatory details:

Evidence of title
These documents prove that the seller owns the property and therefore has the right to sell it.

These provide an up-to-date official record of who owns the land, and consist of:

Official copies of the individual register
An official copy of the title plan
For sales of unregistered land, the Pack must include copies of a certificate of an official search of the index map (obtained from the Land Registry.

Energy Performance Certificate
Energy Performance Certificates tell you how energy efficient a home is on a scale of A-G. The most efficient homes - which should have the lowest fuel bills - are in band A.

The Certificate also tells you, on a scale of A-G, about the impact the home has on the environment. Better-rated homes should have less impact through carbon dioxide (CO2) emissions.

Sale statement
The sale statement should provide some basic information about the site, including:

The address of the property being sold
Whether the property is freehold, leasehold or commonhold
Whether the property is registered or unregistered
Whether or not the property is being sold with vacant possession

Searches
The Home Information Pack must include:

The local land charges register relating to the property being sold. If the search is carried out by the local authority, an official search certificate will be provided. Alternatively a personal search company can be used.
Other records held by the local authority on matters of interest to buyers, such as planning decisions and road building proposals. These are referred to as local enquiries in the Home Information Pack regulations. A local authority or a personal search company can be used.
The provision of drainage and water services to the property. The local water company or a personal search company can be used (however, the search must comply with the HIP Regulations, schedule 9)

Leasehold and commonhold documents
Most of the documents that must be included in the Home Information Pack are applicable to all transactions, but some are needed only for leasehold and commonhold sales.

The required leasehold documents are:

A copy of the lease
Any regulations or rules that apply to the property that aren't mentioned in the lease and any proposed amendments to same
Statements or summaries of service charges covering the previous 36 months
Where appropriate, the most recent requests for payment of service charges, ground rent, insurance against damage for the building in which the property is situated, and insurance in respect of personal injury caused by or within the building during the 12-month period before marketing began
The name and address of the current or proposed lessor, and details of any managing agent that has been appointed or proposed by the lessor to manage the property
A summary of any works being undertaken or proposed that will affect the property or the building in which it's situated.
The required commonhold documents are:

An official copy of the individual register and title plan for the common parts. This is in addition to official copies for the unit.

An official copy of the commonhold community statement. You can download this document from Land Registry here.

The following documents and information are also required:

Copies of any regulations or rules not described in the commonhold community statement and any amendments proposed to those regulations or to the commonhold community statement
Copies of any requests for payments made in the previous 12 months in respect of commonhold assessment, reserve fund levy and insurance (if not covered by a request for commonhold assessment)
The name and address of any managing agent or other person appointed or proposed to be appointed by the commonhold association to manage the commonhold
A summary of current or proposed works affecting the commonhold.

Home Information Pack Index
The compulsory documents include a Home Information Pack Index listing the documents contained in the Pack.

The Index provides a checklist for sellers, buyers, estate agents and enforcement authorities. Where a document that must be included in the Pack is unavailable, the Index must say so, give the reason it is missing, and indicate what steps are being taken to obtain it. Where documents are added to or removed from the Pack at a later stage, the Index should be revised accordingly.

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