
Dear Supporters 25.01.07
The expected announcement on HIPs came today in the form of a 'consultation document' from the DCLG.
The consultation paper can be downloaded at the bottom of:
http://www.communities.gov.uk/index.asp?id=1505731
They have also published the 'baseline' study into the housing market. Download the documents here:
http://www.communities.gov.uk/index.asp?id=1505732
'Consultation' may be interpreted as 'Negotiation'. Ministers and civil servants will deny it but there is no doubt that the alterations that have been made today to the proposal show there is a probability of further changes before the revised Regulations are laid. In particular there is no justification for the requirement to have what remains of the HIP in place before marketing can commence.
DCLG has recognised that delays in obtaining Searches and leasehold property information will impede the production of a full HIP. There will therefore be a transitional period to April 2008 when marketing will be allowed immediately if the Energy Performance Certificate, sale statement, evidence of title and HIP index are available together with evidence that remaining required but missing documents have been commissioned. This does not go as far as we want but is a step in the right direction. Why not allow ALL the documentation to be compiled during the marketing process?
The implementation date is still set as June 1st 2007 but the 'long stop' date by which all properties on the market, whether put on before June 1st or not, must have a HIP has been moved from October 2007 to March 2008. We see this as a clear indication that DCLG is worried about a lack of energy inspectors and a potential for a glut of properties on the market pre-June followed by what would have been a dearth in October.
It had been the case that properties with a HIP but taken off the market for 28 days or more would need a new HIP. That has altered and a new HIP will not be needed for up to 1 year following withdrawal from the market so long as it remains the same seller.
Personal searches covered by insurance will be allowed during the transitional period.
The penalty for estate agents marketing without a pack will increase to £500 leaving private sellers with a £200 fine. There is no word on OFT banning orders - but you can count on them being introduced.
You may wish to note that yet again DCLG is being cavalier in its treatment of this announcement. There are just four weeks for the consultation - when the best practice guidelines call for a minimum of 12 weeks.
There are some unbelievably crass statements contained in both the consultation and in the results of the baseline study. More on these and the detailed response in the next few days. After that we shall ask for your own comments to include in our response to DCLG. For now, happy reading...
Nick Salmon FNAEA (Honoured)
www.splintacampaign.co.uk