Top Mortgage Soltuions UK Ltd

Address

49-51 St Leonards Road
Bexhill On Sea
East Sussex
TN40 1JA

Telephone Number

08456 43 10 12

Fax Number

01424 810 493

Company Reg Number

5984214

Terms & Conditions

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What's in a Home Information Pack?

The Home Information Pack contains important information that buyers and sellers need to know. Home Information Packs including Energy Performance Certificates have been implemented on a phased basis which started on 1 August 2007.

Properties marketed for sale from 14 December 2007 in England and Wales will need a Home Information Pack.

For sellers, providing a Pack upfront should reduce the likelihood of any nasty surprises in the selling process that could delay the sale, as buyers will be able to make more informed decisions about purchasing their home.

For buyers, the Pack provides essential information about properties they are considering buying, free of charge.

What does a Pack contain?

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.

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.

The average property in the UK is in bands D-E for both ratings. The Certificate includes recommendations on ways to improve the home's energy efficiency to save you money and help the environment.

Most sellers of newly built homes will have to provide a predicted assessment of the energy efficiency of the property, but a full Energy Performance Certificate should be provided to the buyer when the home is completed.

Energy performance certificate

Sale Statement

The sale statement should provide some basic information about the property, 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

Standard searches

The Home Information Pack must include:

The local land charges register relating to the property being sold. Once a search is completed, which can be carried out by a personal search company or a local authority, you will receive an official search certificate.
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).

Evidence of Title

These documents prove that the seller owns the property and therefore has the right to sell it. Where the property being sold is registered, certain documents that are available on request from the Land Registry must be included in the Pack. These provide an up-to-date official record of who owns the land, and consist of:

Official copies of the individual register (made up of a property register, proprietorship register and, typically, a charges register)
An official copy of the title plan

In the case of the sale of a commonhold interest, official copies of the register and title plan should be produced for both the unit and common parts. The Land Registry has details of additional requirements for sales of commonhold properties.

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), and those documents that the seller intends to rely on to provide evidence of title to the property, and thus the right to sell it. More detailed advice on the sort of evidence that is usually considered acceptable is in the procedural guidance to the Home Information Pack Regulations.

Leasehold and commonhold properties

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.

Of the required leasehold documents a copy of the lease is compulsory. However, sellers should include other leasehold documents whenever available and the following are authorised for inclusion in Home Information Packs:

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.

Where they are reasonably obtainable, or sellers can reasonably be expected to be aware of them, 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.

Optional items

Some documents in the Home Information Pack are optional. These include:

Home Condition Report

A Home Condition Report contains information about the physical condition of a property, which sellers, buyers and lenders will be able to rely on legally as an accurate report.

The Report is an important part of the Pack, and can be included by sellers on a voluntary basis.

Sellers who provide a Report will have an early opportunity to carry out repair work on the property or obtain quotes prior to marketing.

Buyers can use it at the beginning of the home-buying process to minimise the possibility of being faced with unexpected repair bills and other surprises.

Lenders can benefit by using the Report to inform their valuations, reducing the need to repeat a detailed on-site inspection at the buyer's expense.

The Government believes there will be significant benefits to home sellers if they top up their Packs to include full Home Condition Reports, and that this is a product that the market can deliver. Communities and Local Government is working with stakeholders to facilitate the voluntary take-up of the full Report, and has invested resources in promoting and developing it for consumers.

Home Inspectors responsible for preparing Home Condition Reports will hold a qualification at NVQ Level 4 (equivalent to degree level), and will require in-depth knowledge and practical understanding of residential building construction and defects across a range of properties as set out in the approved National Occupational Standards for Home Inspectors.

Legal summary

Home Information Packs will contain some complex documents that can be difficult to understand. The optional summary of the legal content of the pack could therefore be very helpful to buyers, although it will not remove the need for buyers to take their own legal advice as well.

Home use / contents forms

Home use and home contents forms let sellers give buyers information on a range of matters relating to the property.

These include information on boundaries, notices, services, sharing with neighbours, planning permissions and other matters of interest to potential buyers.

It is usual for sellers to declare which fixtures and fittings and other contents of the property are included in the sale, are excluded from the sale, or are subject to negotiation.