As you will no doubt have read an important piece of government legislation has come into effect in connection with the selling of your property. With effect from the 1 st August 2007 for 4 or more bedroomed properties and from the 10 th September 2007 for 3 or more bedroomed properties, you will require a Home Information Pack (commonly known as a HIP ). If you are marketing your property after these dates, for a temporary period (which runs from 1 st of August 2007 to the 31 st December 2007), it will be illegal to sell your home on the open market without having first commissioned a HIP.

The HIP contains a large amount of complex legal and factual information and solicitors are best placed to prepare and interpret these packs.

We are pleased to inform you that we can assist clients with the preparation and completion of HIPs.

We have worked closely with local estate agents and a panel of energy assessors to ensure that we can provide an efficient service to our clients. Upon receiving instructions from you we will be able to instruct an energy assessor on your behalf to undertake the energy performance certificate, normally, within 48 hours of being instructed.

WHAT GOES INTO A HIP ?

• Index

• Energy Performance Certificate

• Sales Statement

• Standard searches

• Evidence of title

• Additional information which may be of assistance to a buyer

• Where appropriate leasehold information

HOW LONG DOES A HIP LAST ?

While the property is on the market there is no need to update the HIP (ultimately the market decides whether the documents remain acceptable and up to date) - a Local Authority Search expires after 6 months and therefore if the search date is past the six months when the property is sold then the purchaser will no doubt have to put in hand insurance or a new search depending on their mortgage lender's requirements.

If the sale of the property stops and then restarts you would normally be required to assemble a new Pack and to update those documents which are now out of date according to the requirements of the relevant Regulations. However, the seller can carry on using the same Pack without the need to update any of the documents in the following circumstances

• Where marketing stopped because the seller accepted an offer and wants to restart marketing because the sale has fallen through, provided that remarketing starts within one year of the date when marketing first began or, if later, within 28 days of the sale falling through

• Where marketing has stopped for any other reason the seller may remarket the property with the same Pack provided that remarketing starts within one year of the date when marketing first began

You will not be able to market your property unless you have commissioned someone to start preparing your HIP. Once you have given instructions for the pack to be prepared your pack provider can then confirm instructions to your proposed selling agents who will only then be able to actively market your property.

WHEN DO YOU NOT REQUIRE A HIP ?

• Properties where there is no marketing (eg sale to member of your family)

• Non-residential properties

• Seasonal and holiday accommodation

• Mixed sales (eg shop with flat)

• Right to buy and similar sales

• Sales of portfolios properties

• Properties not being sold with completely vacant possession

• Unsafe properties and properties to be demolished

• Properties already on the market when the duty to have a Pack arises (ie 1 st August 2007 for sales of homes of 4 bedrooms and above and 10 th September for sales of homes of 4 bedrooms and above

• New homes built under Part L of the Building Regulations 2006 (these will be brought in by a separate commencement order in due course)

If you require any further information please click here and follow the instructions or telephone us on 01273 662750 and we will be pleased to talk you through the process.