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Home information packs

Thursday 30 July 2009

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TransAction forms
Law Society HIP
Policy background
Property Section
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News

Latest updates

CLG publishes summary of responses to the consultation on energy performance certificates - The Next Steps: EPCs and the establishment of the Green Homes Service (CLG 21 July 2009)
CLG publishes procedural guidance aimed at property professionals (CLG 19 June 2009)
CLG publishes guidance for trading standards officers (CLG, 6 April 2009)
CLG publishes FAQs about the Property Information Questionnaire (CLG, 3 April 2009)
TransAction forms now available to buy direct from the Law Society's online bookshop (Bookshop 2 April 2009)
Conveyancing Solicitors warned on liability for incomplete searches in a HIP (Gazette, 2 April 2009)

Major changes to HIPs from 6 April

19 March 2009

Three major changes to Home Information Packs will take effect from 6 April 2009:

a Property Information Questionnaire (PIQ) completed by a seller must be included. This does not replace enquiries of the seller made by solicitors in conveyancing transactions.
it is no longer possible for personal searches in HIPs to be supported by insurance to cover missing information
a HIP will from 6 April have to be available on the first day a property is marketed . It will no longer be possible for homes to be marketed providing a HIP has been ordered (‘first day marketing').

New TransAction forms available now

19 March 2009

The Society has updated its TransAction forms which are used in residential conveyancing and Law Society Home Information Pack products. The changes reflect feedback from the profession and changes to the law including the introduction of Property Information Questionnaires from 6 April 2009. The forms are available to order now from the usual suppliers.

CLG publishes ‘Industry briefing note: Changes to Home Information Packs' for practitioners (CLG, 16 March 2009)
OFT estate agent study will assess new business models (Gazette, 25 February 2009)
CLG issues guidance on charges for property searches by local authorities (CLG, 22 January 2009)
Law Society launches an online survey into residential conveyancing (Law Society press release, 19 February 2009)
Law Society to help develop conveyancing websites (Gazette, 19 February 2009)
New property search rules ‘lack clarity' (Gazette,12 February 2009)
Regulations are amended to add PIQs to the list of Required documents which are not permitted to be missing from a HIP at the first point of marketing from 6 April 2009 (SI 2009/34)
Temporary exclusion of ‘required' leasehold information (except the lease) is made permanent on 1 January 2009 (SI 2008/3107)

TransAction forms

The Law Society's TransAction scheme helps streamline and standardize the process of domestic conveyancing transactions. The scheme includes the TransAction forms, the National Conveyancing Protocol and the Standard Conditions of Sale.

More about TransAction forms including specimen forms and suppliers

Law Society HIP

To meet sellers’ needs, you need the best HIP solution available. By choosing the Law Society HIP, you can rest assured that it is:

swift and reliable
comprehensive and flexible
high quality and compliant with the latest legislation

More about the Law Society HIP and suppliers

Policy background

Searches - extract from a letter written by the Chair of the Law Society's Conveyancing and Land Law Committee in relation to Local Authority searches - Gazette 1 May 2008 (PDF, 13kb)
Anti-money laundering - the Treasury confirms that the preparation of a Home Information Pack by a legal professional is not subject to the Money Laundering Regulations - reply from Ed Balls MP to the President of the Law Society, Fiona Woolf CBE, 27 June 2007 (PDF)
Law Society publishes briefing for the House of Commons debate on Home Information Pack Regulations - 16 May 2007
Law Society publishes response to CLG consultation, Home Information Pack Update: Towards 1 June 2007 - 20 February 2007 (PDF)
Law Society publishes response to the Draft Home Information Pack Regulations 2006 - January 2006 (PDF)

Property Section

The Law Society's Property Section assists residential and commercial property solicitors and licensed conveyancers by providing best practice information and support on areas including e-conveyancing, Home Information Packs, housing, land registration, money laundering, planning and environment, as well as tax and revenue.

The Property Section publishes a booklet called Handling Hips which is regularly updated. It is designed to help property practitioners meet the challenges and opportunities that HIPs present, providing a reference to help deal with the practicalities of the new requirements.

www.lawsociety.org.uk/property

Law Society publications

The following titles from Law Society Publishing offer guidance on issues relating to Home Information Packs and TransAction forms:

Conveyancing Forms and Procedures 4th edition (Law Society, April 2009)
Conveyancing Handbook 15th edition (Law Society, 2008)
A Guide to the National Conveyancing Protocol 5th edition (Law Society, 2005)
Home Information Packs: A guide to the new law (Law Society, 2006)
Coal Mining and Brine Subsidence Claim Searches: Directory and Guidance (6th edition) (Law Society, 2006)

These titles and many others are available from the Law Society's online bookshop

News archive

2008

The Local Authorities (England) (Charges for Property Searches) Regulations 2008 are made (SI 2998/3248, 16 December 2008)
Margaret Beckett MP announces the introduction of the Property Information Questionnaire, the removal of the first day marketing concession, and the end of transitional arrangements for search insurance to take effect from 6 April 2009 (SI 2008/3107, 8 December 2008)
CLG publish Improving Consumer Information in the Home Information Pack – Summary of Responses (8 December 2008)
Law Society's Property Section publishes a 5th version of its Handling HIPs booklet (13 November 2008)
Home information packs: happy birthday? (Gazette, 30 October 2008)
Some estate agent hips are not fit for purpose (Law Society press release, 3 October 2008)
Tory HIPs rethink (Gazette, 2 October 2008)
The permitted age of an EPC in a HIP is extended from 12 months to three years (SI 2008/2363, 1 October 2008)
The Law Society's Property Section executive committee publishes its response to the consultation by CLG, Improving the Home Information Pack (30 September 2008)
HIPs questionnaire ‘biased against solicitors' (Gazette, 7 August 2008)
The report for CLG by Ted Beardsall CBE, Local Property Searches and Leasehold Information is published (12 June 2008)
CLG publish Improving Consumer Information in the Home Information Pack: Consultation Paper (29 July 2008)
RICS publish the final report of Sir Bryan Carsberg's Review of Residential Property (16 June 2008)
Temporary provisions for ‘required' leasehold documents and first day marketing extended from 1 June 2008 to 1 January 2009 (SI 2008/1266, 8 May 2008)
A Home Information Pack will be needed to market a new home from 6 April 2008 (SI 2008/898, 13 March 2008)
Sustainability information for new homes to become a required document in Home Information Packs (SI 2008/572, 6 March 2008)
Rogue HIPs warning (Gazette, 21 February 2008)
Law Society fears for home owners after rogue HIPs emerge (Law Society press release, 14 February 2008)
Law Society publishes its response to the Carsberg review - Carsberg Review: A Law Society submission (17 January 2008)

2007

Required leasehold documents, except the lease, to be treated as authorised for a temporary period until 1 June 2008 and first day marketing concession extended until 1 June 2008 (SI 2007/3301, 23 November 2007)
Marketing a residential property with fewer than 3 bedrooms requires a Home Information Pack from 14 December 2007 (SI 2007/3308 23 November 2007)
Evaluate HIPs properly before extending scheme (Law Society press release, 17 August 2007)
Marketing a residential property with 3 or more bedrooms requires a Home Information Pack from 10 September 2007 (SI 2007/2471, 17 August 2007)
The Law Society publishes revised TransAction forms (July 2007)
Revised principal Home Information Pack Regulations laid before Parliament (SI 2007/1667, 11 June 2007)
Marketing a residential property with 4 or more bedrooms requires a Home Information Pack from 1 August 2007 (SI 2007/1668, 8 June 2007)
Home Information Pack Regulations 2006 and Home Information Pack Regulations 2007 revoked (SI 2007/1525, 24 May 2007)
Ruth Kelly MP makes a statement to the House of Commons on ‘the Judicial Review requested by RICS' and announces a phased introduction of HIPs beginning on 1 August 2007 rather than 1 June 2007 ( 22 May 2007)
Government not ready for HIPs (Law Society press release, 15 March 2007)
HIPs will cause chaos for housing market (Law Society press release, 26 January 2007)
Communities and Local Government publish a consultation paper - Home Information Pack Update: Towards 1 June ( 25 January 2007)

Law

The Act

Housing Act 2004 (ch 34)
Explanatory Notes to the Housing Act 2004

Principal regulations

Home Information Pack (No. 2) Regulations 2007 (SI 2007/1667)
Explanatory Memorandum to the Home Information Pack (No. 2) Regulations 2007
Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007 (SI 2007/991)
Explanatory Memorandum to the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007

Amendment regulations - HIPs

The Home Information Pack (Amendment) Regulations 2009 (SI 2009/34)
The Home Information Pack (Amendment) (No. 3) Regulations 2008 (SI 2008/3107)
The Home Information Pack (Amendment) (No. 2) Regulations 2008 (SI 2008/1266)
The Home Information Pack (Amendment) Regulations 2008 (SI 2008/572)
The Home Information Pack (Amendment) Regulations 2007 (SI 2007/3301)

Amendment regulations - Energy Performance of Buildings

The Energy Performance of Buildings (Certificates and Inspections) ( England and Wales ) (Amendment No. 2) Regulations 2008 (SI 2008/2363)
The Energy Performance of Buildings (Certificates and Inspections) ( England and Wales ) (Amendment) Regulations 2008 (SI 2008/647)
The Energy Performance of Buildings (Certificates and Inspections) ( England and Wales ) (Amendment No. 2) Regulations 2007 (SI 2007/3302)
The Energy Performance of Buildings (Certificates and Inspections) ( England and Wales ) (Amendment) Regulations 2007 (SI 2007/1669)

Commencement orders

The Housing Act 2004 (Commencement No. 11) ( England and Wales ) Order 2008 (SI 2008/898)
The Housing Act 2004 (Commencement No. 10) ( England and Wales ) Order 2007 (SI 2007/3308)
The Housing Act 2004 (Commencement No. 9) ( England and Wales ) Order 2007 (SI 2007/2471)
The Housing Act 2004 (Commencement No. 8) ( England and Wales ) Order 2007 (SI 2007/1668)

Official guidance and publications

Local Authority Property Search Services – Costing and Charging Guidance (22 January 2009)
Home Information Pack (No. 2) Regulations 2007: Procedural Guidance (11 May 2007)