Don't leave  HIPs to chance...

The revised Home Information Pack Regulations [1] were laid before Parliament on 29 March 2007 and covered the following: the definition of Home Information Packs, the contents, the assembly and authenticity of Packs, the exceptions to the duty to have a Pack, and the enforcement processes.
The revised regulations result from a consultation process undertaken with the industry earlier this year which contained proposals based on earlier feedback from the market on the original regulations.  The revised regulations pretty much take on board the proposals in the consultation.
There were no surprises in these revised regulations and in terms of business planning, we must assume that the regulations will come into effect and without further revision.
The scope of this review is limited to the search content of a HIP.

Summary

Ø      The local authority information content of a HIP can be obtained by means of a personal search even where local authorities fail to make all the required information available. For the next 12 months, search firms can use insurance as a substitute for this information in these circumstances
Ø       The proposal in the consultation that search firms would have to wait 14 days before using insurance has been withdrawn.
Ø       Properties may be marketed without first obtaining a search but the HIP provider must be able to demonstrate that they have made reasonable efforts to obtain the search within 28 days.  Where a search is not obtained within 28 days, the HIP provider needs to continue to make reasonable efforts to obtain the search.  The search must be included in the HIP once it is delivered to the HIP provider.
Ø       There are some changes to the local search questions to ensure that private search firms can answer them, for example, Conservation Areas.
Ø       In the summary of the HIPs Consultation Paper responses, the Government has stated that the insurance provisions for missing data cannot be used in respect of drainage and water searches.  This approach has been adopted as the Government understands that all the data is available on a commercial basis from private water companies.
Ø       In the summary of the HIPs Consultation Paper responses, with regard to flood and ground stability searches, the Government has confirmed that it will explore the potential for mandatory flood and ground stability searches in HIPs and noted that some responses had suggested caution was needed to ensure that there were competitive markets in place to deliver these searches quickly.
    

The deadline for MPs to express objections to the regulations expires on 24 May – the day before the Whitsun recess and just in time to meet the 1 June deadline. If there is no opposition or activity against the Order, then the regulations will come into effect on the prescribed date with no additional parliamentary procedure.
The alternative is for a motion to annul the regulations to be put on the Order of Business by the Opposition on an Opposition Day – this is what happened last summer when the original regulations were laid.

Conclusion

There were no surprises for SearchFlow in these revised regulations and we will continue to support our customers enabling them to supply compliant HIPs containing our searches from June 1st.
1 http://www.homeinformationpacks.gov.uk/regulations.aspx