FAQs

• General

  • Please note that the 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.

• 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 need a HIP.  However you will need to have commissioned, but not necessarily received an Energy Performance Certificate before marketing can start.

• What do you mean by "commissioned an EPC"?

  • This means that a sellor or a person acting on their behalf i.e. an estate agent must have instructed an accredited Energy Assessor to carry out an energy performance certificate

• I have ordered a HIP but have not received it yet - what should I do?

  • You should contact us as soon as possible. The duty to have a HIP will be suspended on Friday 21 May and homes put on the market on or after that date will not need one, although you will still need to have commissioned but not necessarily received an Energy Performance Certificate before marketing can start.

• My home is already on the market with a HIP - do I have to do anything?

  • No. Sellers still need to provide an EPC to potential buyers under separate legislation but that should be included in your HIP.

• 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 and 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.

• I know there was a HIP produced for the house I am buying but the agent is now refusing to provide a copy - is that right?

  • Yes.  There is no longer a duty on estate agents to provide a copy of the HIP to potential buyers.

• Does this mean more expense for first time buyers?

  • First time buyers will still receive an energy performance certificate from the seller but will now have to commission their own searches. These will typically cost in the region of £150 which is a relatively small amount in the context of overall transaction costs.

• 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. 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.

• Where is the legislation on EPCs contained?

  • The legislation is contained in the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007 (as amended by the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2010).

• What are the penalties for non-compliance?

  • The penalty for not ensuring that an EPC is available or has been commissioned and failing to include energy information in written particulars is £200.  The enforcement of these requirements is the responsibility of Trading Standards Officers.

• 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.

• What if the EPC is not available when I prepare the written particulars?

  • Written particulars can still be prepared and made available but the energy information should be added to the written particulars as soon as it is available.

• 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.

• Am I still obliged to provide a copy of the HIP?

  • No but there is no reason not to do so if it improves the chances of a successful sale. The seller will still have to provide a copy of the EPC to potential buyers at the earliest opportunity and in any event before exchange of contracts.

• I received a request for a copy of the HIP before the suspension date - am I still obliged to provide it?

  • No but see answer to previous question. 

• Can buyers still rely on a HIP after the suspension date?

  • Yes.  If the HIP was compliant with the regulations there is no reason why a buyer should not be able to trust it.

• Will estate agents still be liable for breaches that occurred before HIPs were suspended?

  • Yes. The suspension of the duties is not retrospective. However, it will be for enforcement authorities to decide whether to pursue the matter.
    
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