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All you need to know about home information packs
Mortgage lenders dealt another blow to the Government’s troubled implementation of home information packs yesterday by giving warning that they might not accept a crucial part of the reports.
HSBC, one of the biggest lenders, said it would insist that homebuyers would have to pay up to £200 for their own local authority searches because those provided in the home sellers’ packs are not necessarily underwritten by a solicitor, and would not carry sufficient insurance.
Most home information pack (Hip) providers currently commission personal land searches as a quicker and cheaper way of getting information about land and environmental details.
Providers using personal land searches can market a Hip for £300, against about £500 for those using solicitors to obtain search data. In some cases solicitors are refusing to underwrite personal land searches and are charging buyers or sellers a further £150 to £200.
A spokesman for HSBC said: “If someone wants to buy a house from someone who has a Hip containing a personal local search, we would tell their solicitor we would not lend to them unless they commissioned their own search.”
Peter Ambrose, director of The Partnership, which provides reports at the top end of the Hips market, said: “In our discussions with estate agents, we have consistently warned about the acceptability of Hips containing personal searches. Sellers paying for Hips containing such searches may well find their buyer’s solicitor will not accept them.
“We believe this will result in buyers demanding that sellers reimburse them for the additional costs incurred in commissioning new searches.”
Since August 1, all those with houses of four bedrooms or more have had to commission a Hip, giving details of land searches and title deeds, when they put their home on the market. They will be extended to three bedroom houses on September 10.
In addition sellers have had to commission an energy performance certificate, rating the home on energy efficiency. The combined pack is expected to cost between £200 and £500 a property, although some estate agents are providing it free.
Initially the packs were to include a home-condition report, but this element was dropped last year, partly because of the extra cost. Later, Yvette Cooper, the Housing Minister, had to delay the introduction of the packs for two months and then bring in the policy in phases because of a shortage of home inspectors.
The Royal Institution of Chartered Surveyors claims that the sale of four-bedroom houses has dropped dramatically since August 1, compared with the same period the previous year.
An ICM survey commissioned by Abbey Mortgages, which was released yesterday, shows that 4.5 million homeowners with four bedrooms, said that they would be prepared to market their house with a study, playroom or “walk in wardrobe” instead of admitting to a fourth bedroom.
Abbey said the word “study” could soon become the codename for bedroom until Hips are extended to all homes. The issue is the exact reverse of the past two decades, when homeowners have desperately tried to pass off studies as third or fourth bedrooms in an attempt to achieve higher prices.An extra bedroom can now fetch between £30,000 and £100,000 depending on the area of the country or town while a Hip could cost between £200 and £600.
About 20 per cent of the market are four-bedroom homes, 50 per cent have three bedrooms and 30 per cent have two.Nici Audhlam Gardiner, Head of Mortgages at Abbey, said: “While Hips might seem a hassle we think it would pay in the long run to play it a straight rather than going through this loophole. By remarketing your home as a two or three bedroom house with a study, you’ll become invisible to thousands of potential buyers that are searching online.”
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We are only 3weeks into hips, i cant help thinking that no one has considered that the searches will be out of date by the time of sale, if a property is on the market for 6months, someone can of gained permission and thrown up a block of flats next door.
I have a 5bed house missed the aug 1st deadline so i just wont sell it, not least because i dont want the creepy energy inspector round counting my lightbulbs for big brother. Why cant you just say 'my house is band z' or whatever the bottom rating is. It is not how many light bulbs you have, its if you switch them on or not.
When its time to downsize I'll just rent this guy out.
I just dont want to play any more, the thought of someone paying 15 thousand in stamp duty is awful too, you could buy a house for that 15 years ago. Now gordon just gets to splash it around the quangos, dreadful state of affairs
ms walsh, margate kent, uk
And the list goes on..
Stamp Duty....
Another job creation scheme at the costs of HM Govt. Taxpayer...
Pete Balchin, Solicitor , Bristol, UK
A personal search (PS) simply cannot be considered to be an equivalent product to an official Local Authority search. Even if compiled in a professional manner, a PS relies on insurance rather than complete information and, as such, is clearly not accepted by all solicitors/conveyancers/mortgage lenders, unlike an official search. It is also unlikely that a PS would be acceptable to the majority of residential property buyers, given full information and the choice by their conveyancing professional. HIP providersâ decision to include PSâs is being made on the basis of cost, not quality. All are trying to gain market share in this new market. The introduction of HIPs has simply given a huge boost to the PS industry â an industry which is already being subsidised, either through local authorities having to increase the cost of their official search to compensate for the artificially low PS fee set by the Lord Chancellor, or through other means, e.g. increased council tax.
Stephen C, London,
In reply to George Edwards
The HIp does not contain a survey that is an optional extra known as a Home Condition Report which lenders will start to accept from 2008 - 2009.
I am sure the problem with searches can be dealt with those who complete the packs are duty bound to report the facts not what the seller would like to hear
M Quirk, Liverpool,
The home information pack has been designed by a series of civil servants and politicians with no knowledge of the property market in the vain hope that this would somehow speed things up when buying a home. Like all sections of the property industry the opinions of the Law Society were disregarded and in retaliation they, unlike us toothless estate agents, have the power to put the boot in by condemning personal searches even though they are fully aware that most councils are not equipped or inclined to provide an efficient service to buyers.They also know that very rare subsequent problems of searches and title are already covered by various insurances which are becoming the norm.
The term âElephant in the roomâ springs to mind and this elephant looks like a lawyer.
If we were to detach the house buying process from the control of Law Society members ie solicitors I am sure that home buying would be a quicker purel financial transaction than the current protracted legal one.
Ron Kennor, Sidcup, UK
Until the government force all local councils to operate a computerised system so a FULL local authority search can be done quickly with a standardised fee structure this is going to be a problem. The London Borough of Barnet charge £302.10 whilst Cornwall County Council charge £36.30 for the same search with the average across the country being around £170'ish.
Madness!
Julian, Sutton, England
So personal searches in a HIP have been going 3 weeks and a lender says they might not accept them to lend on. Personal Searches before HIPs have been around for years and some solicitors have accepted them some not, some lenders have accepted some not. Why has there never been a standard on lending and solicitors on this? One solicitor practice even has different acceptance of personal searches within its own office!!
Royal Institute of Chartered Surveyors- did they compare the sale rate of 4bed+ houses in the weeks before HIps with the year before due to advertising from estate agents to "get in" before Aug 1 to avoid a HIP? I haven't seen that report- maybe because it does not fit with RICS agenda.
Your report shows Abbey have surveyed 4.5million people with a4 bed house. Wow! So many people with a 4 bed house. It must have cost a fortune to have surveyed 4.5million people- so what was the question asked of millions of people by the survey? Leading question maybe?
David Thompson, Brighton, England
A personal search is nowhere near as reliable as an Official Local Authority search mainly because a personal search does not contain all the information an Official search does. The search agent who collates the information does not have access to the the information that is required as it is not on a public register. Many members of the public who are buying a house never know that they a getting a personal search as they are never given the option or having a personal or official search. If the personal was so good why dont solicitors give the choice to the purchaser. If I was buying a house I would never use a personal search.
Paul Guyler, Rochester, England
What can I say but "I told you so", when I first began my campaign against the introduction of the, then named, Sellers Packs?
The government has arrogantly refused to listen to advice from the representative bodies for solictors, surveyors, licenced conveyancers, estate agents,
mortgage lenders and other groups intimately involved
in house selling. They called us 'Stakeholders' and pretended to listen for a while with patronising smiles, but when the clamour became too much for them to bear (ie our point was at last getting through that their Home Information Packs were fatally flawed), they reacted by cancelling any further meetings. Even HIP introduction dates were not discussed prior to announcement, even though we were the organisations left to carry the implementation can.
HIPs are hopeless, of no earthly use to buyers, sellers or their professional advisors and for the government to press blindly on is supreme folly. www.homeinformationpacks.com
Trevor Kent PPNAEA, Gerrards Cross, Bucks, England
In most cases the bedrooms would be more accurately called box-rooms. I would rather have less bedrooms with some space than more bedrooms and barely manage to fit a bed in the room... nevermind cupboards!! This obsession with bedrooms is absurd considering the size of them
Chantel, UK,
I am biased in this instance as I am a Director of an established and thoroughly reputable company providing personal searches for inclusion within HIPs. I find the whole debate misplaced given that 50% of property transactions in this country currently take place using a personal search, and the instances of litigation as a result of incorrect information are no greater than those where a Local Authority search is used. Personal searches within HIPS are covered by robust insurance in case of mistakes or 'gaps' in information, and are therefore as reliable as any Local Authority search.
Iain Crouch, Halifax,
Any HIP worth having would be compiled by a group of people all of whom are professional and have indemnity insurance, this is where the adage "You get what you pay for" holds true.
The Home Condition Report element of a HIP, voluntary at the moment but, I think, well worth having, is a survey at a level between the simple valuation and the exhaustive structural and would, I suspect, meet most peoples needs. If the HCR were incorporated into the HIP package I think the whole process would be made welcome as this is what buyers need to see, a report objectively outlining exactly what it is they are intending to spend there money on.
Gary Oliver, Plymouth,
These things are the most dreadful mess and sum this Government up perfectly.....completely inept.
Judy , Liverpool, england
The HIP's instruction booklet runs to 54 (fifty four) pages of information.
Someone was paid to write it, someone to print it and an army to administer it.
How much did this cost and who paid?
Dennis Williams, Seaford, East Sussex
Is it any surprise that another Labour piece of legislation is failing? It seems that the only possible reasons this rdiculous fiasco is going ahead is because Labour promised jobs for their boys and to save their own radiant blushes.
The sooner Britain votes this government's en off the statute book, the sooner we can start the long process of unpicking the mess they have caused over the last decade.
Edwin Thornber, Bucharest,
Even if the local authority search is not a personal search, there are still difficulties with the buyer relying on one commissioned by a seller. If the property is on the market for some time, the search can no longer be relied upon by a prudent solicitor. A search commissioned by a seller may also just be a very basic search and not include all of the additional enquiries which a prudent solicitor would have requested
Sarah, worcester,
The idea that any buyer or lender would trust the sellers "information pack" before handing over a vast sum of money was always teetering on the brink of insanity. If buying I certainly would demand my own survey, and I'd expect anyone buying off me to do the same. Another barking mad law from the people who brought you measuring-your-children-at-the-roadside.
George Edwards, harrogate, UK