HIPS: basics

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    HIPS: basics

    Here's a potted summary of Part 5 of Housing Act 2004. All numbers relate to its sections.

    148: It applies to residential property in E&W (i.e. a single house/flat, inc. ancillary land) for occupation as dwelling (inc. if still being built).
    149: Property is 'on the market' once its availability for sale is made public.
    150: Defines "acting as estate agent."
    151-154: Set out rules re responsibility re marketing.
    154-159: Impose duty ("Duty") to have a HIP and provide it to prospective P.
    160: Excepts, from Duty, a property not being sold with vacant possession.
    161: Contemplates further exceptions from Duty.
    162: Permits suspension of Duty.
    163: Authorises Reulations (by SI) prescribing HIP contents.
    164/165: HIP contents may include Home Condition Report, the only novel item. It was the EU's foisting of this on the UK that induced HMG to add-on all the other gubbins unnecessarily. A Register of HCRs may be kept- bet that's an excitig read.
    166-170: Local authority can prosecute for breach of Duty; P can commission own HIP at cost of whoever should have complied with Duty.
    171:If two or more units of sub-divided building are for sale together, the fact that part is not on sale individually is irrelevant as long as that part has vacant possession.
    172-174: Authorise redress schemes which estate agents can be compelled to join.

    Note that HIPS apply only to sales, not lettings, although the equivalent of HCRs will soon apply to lettings.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    #2
    Corrected/amended Version

    Here's a potted summary of Part 5 of Housing Act 2004. All numbers relate to its sections.

    148: It applies to residential property in E&W (i.e. a single house/flat, inc. ancillary land) for occupation as dwelling (inc. if still being built).
    149: Property is 'on the market' once its availability for sale is made public.
    150: Defines "acting as estate agent."
    151-154: Set out rules re responsibility re marketing.
    154-159: Impose duty ("Duty") to have a HIP and provide it to prospective P.
    160: Excepts, from Duty, a property not being sold with vacant possession.
    161: Contemplates further exceptions from Duty.
    162: Contempates suspension of Duty.
    163: Authorises Regulations (by SI) prescribing HIP contents.
    164/165: HIP contents may include Home Condition Report. This is the only novel item. It was the EU's foisting of this on the UK that induced HMG to add-on all the other HIP gubbins unnecessarily. A Register of HCRs may be kept- bet that's an excitig read!
    166-170: Local authority can prosecute for breach of Duty; prospective P can commission own HIP at cost of whoever should have complied with Duty.
    171:If two or more units of sub-divided building are for sale together, the fact that part is not on sale individually is irrelevant as long as that part has vacant possession.
    172-174: Authorise redress schemes which estate agents can be compelled to join.

    Note that HIP is required only on sale, not letting, although the equivalent of HCR will soon apply to letting whether residential or business.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    Comment


      #3
      Hi Jeffrey,

      When you say "Note that HIPS apply only to sales, not lettings, although the equivalent of HCRs will soon apply to lettings." would I be right in assuming you mean EPCs (Energy Performance Certificates) as HCRs are not compulsory in HIPs where as EPCs are?

      Cheers

      Energy Surveys North East - Serving Teesside & Durham[/COLOR]

      Be like a duck
      calm on the outside
      but paddling like ....crazy

      Comment


        #4
        Originally posted by ste.ve View Post
        Hi Jeffrey,

        When you say "Note that HIPS apply only to sales, not lettings, although the equivalent of HCRs will soon apply to lettings." would I be right in assuming you mean EPCs (Energy Performance Certificates) as HCRs are not compulsory in HIPs where as EPCs are?

        Cheers
        Sorry- yes, that's it (unless HMG changes mind again!)
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

        Comment


          #5
          HMG change their mind????? What ever can u mean????

          Energy Surveys North East - Serving Teesside & Durham[/COLOR]

          Be like a duck
          calm on the outside
          but paddling like ....crazy

          Comment


            #6
            I anticipate and i am now looking into the future!!! However i am prediciting that HCR well be brought in after the Scottish implement the single survey as part of Home Report in 1/12/08.
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