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Sunday, 22 November 2009

HIPs: more information for sellers

The seller of a property is responsible for the cost of a Home Information Pack (HIP). Find out about different ways of paying for a HIP, how long your HIP will last, and what a HIP looks like.

How much does a HIP cost?

The cost of the HIP will depend on the market, so check the costs before you buy. 

You (or your estate agent) must make your HIP available to potential buyers free of charge, but you can make a reasonable charge for copying and postage.

How do you pay for the HIP?

This depends on the agreement between the seller and the person compiling the HIP. Some examples of HIP payment methods include:

  • the seller pays for the HIP upfront from the estate agent, solicitor or HIP provider
  • the seller compiles the HIP and pays each organisation for the relevant component (eg the Land Registry for the title document)
  • the estate agent offers the HIP to the seller on a 'no sale, no fee' basis, where the cost of the HIP could be included in the estate agent's commission
  • the estate agent offers the HIP to the seller on a 'buy now, pay on completion' basis, which is usually a credit agreement for three or six months between the seller and the organisation compiling the pack

It is important that you check the terms and conditions of any HIP agreement that you are considering before making a decision. For example, you should check whether you will be entitled to take your HIP to a new estate agent free of charge should you choose to change agents.

How long does a HIP last for?

While the property is on the market, there is no need to update the HIP. If the sale of your property stops and then starts again, you may have to compile a new HIP and provide up-to-date documents.

However, you can carry on using the same HIP without the need to update any of the documents where:

  • marketing stopped because an offer was accepted and the sale has fallen through (but remarketing must start within one year of the date when marketing first began or, if later, within 28 days of the sale falling through)
  • marketing has stopped for any other reason and the seller remarkets the property within one year of the date when marketing first began.

The effect of this is that the HIP has a shelf-life of at least 12 months for the seller.

Do you have to provide a HIP?

You should provide a copy of your HIP to every potential buyer if they want it. You can refuse to provide a HIP to the buyer if you believe that:

  • they could not afford the property, eg people who don't have an ‘in principle’ mortgage
  • they are not really interested in buying the property, eg a journalist posing as a buyer to get a HIP of a celebrity’s home
  • they are not a person who you would wish to sell the property to (but this doesn't mean you can unlawfully discriminate against someone)

To find out more about your rights and HIPs, follow the link below.

What happens if you don't provide a HIP?

If you don't provide a HIP then you or the person marketing the property could face a fixed penalty notice (currently set at £200).

What will a HIP look like?

There isn't a standard 'look' for a HIP. The only requirements are that it includes all of the compulsory ('required') items and that these comply with the rules governing the age of required documents at the first point of marketing. For instance:

  • the energy performance certificate (EPC) should be no older than 12 months when marketing starts (period increased to three years from 1 October 2008)
  • the title documents and standard searches should be no more than three months old when marketing starts

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