BREAKING NEWS!!
HIPS SUSPENDED & EPC REGULATIONS REVISED WITH IMMEDIATE EFFECT
This morning, CLG have released a statement on their website confirming
that the Home Information Pack (HIP) is to be suspended with effect from 21st May 2010 (tomorrow). In addition to this, CLG
have revised the regulations to ensure that an EPC will be required at the commencement of the marketing of a property and
a new duty has been introduced on both the seller and agent to ensure that the EPC has been commissioned.
The full statement can be read at http://www.communities.gov.uk/news/newsroom/1591783 and the main points are summarised below:
Communities Secretary of State Eric Pickles and Housing Minister Grant Shapps have today laid
an order suspending HIPs with immediate effect, pending primary legislation for a permanent abolition. The Secretary of State
has taken this swift action in order to avoid uncertainty and prevent a slump in an already fragile housing market. Today's
announcement sends a clear message of encouragement to people thinking of selling their home that they can put it on the market
with less cost and hassle.
Mr Pickles and Mr Shapps also said that the Government
is determined to help people reduce their energy bills, improve our energy security and tackle climate change by increasing
the energy efficiency of homes. Sellers will therefore still be required to commission, but won't need to have received,
an EPC before marketing their property and the Government will consider how the EPC can play its part in the new drive for
a low carbon and eco-friendly economy.
Amended Energy Performance of (Certificates and Inspections) Buildings Regulations 2010
Sellers and estate agents are no longer required to have or provide copies of HIPs with effect from 21st May 2010.
In order to ensure that people selling their homes continue to make an Energy Performance Certificate available to prospective
buyers, CLG have also laid before Parliament the Energy Performance of Buildings (Certificates and Inspections) (England and
Wales) (Amendment) Regulations 2010 which introduces a number of new legal requirements on both sellers and agents including:
• a new duty on the seller to secure that an Energy Performance Certificate (EPC) has been 'commissioned'
before marketing of the property commences where no such certificate is already available
• an EPC
has been 'commissioned' when a Domestic Energy Assessor has been instructed to prepare the EPC and the EPC has
either been paid for or has given a clear undertaking to pay for it
• a new duty on the person acting
on behalf of the seller, e.g. estate agents, to be satisfied that an EPC has been commissioned before commencing marketing
• a new duty on both the seller and a person acting on their behalf to make reasonable efforts to secure
an EPC within 28 days
• all of the new duties carry fixed penalty fines where the seller and agent
fail in their duties conferred on them by the new regulations