Home Information Pack Exceptions
Home Information Pack duties have applied to all residential properties in England and Wales marketed since 14 December 2007. The vast majority of sales of residential properties will be subject to these duties, but there are some exceptions.
Exceptions are intended to ensure that sales which are not part of the ‘standard’ housing market are unaffected by the HIP duties, although some apply specifically to properties which were already on the market when the HIP duties commenced. There is also a temporary exemption from the duty to have a pack in place before marketing begins but only where the required documents have been requested.
Properties marketed before
the
commencement
dates
There is special provision for
excluding properties marketed before the HIP duties came
into force for a particular category of property:
1
Aug 2007 — sales of homes with four or more
bedrooms
10 Sep 2007 — sales of homes with three or
more bedrooms
14 Dec 2007 — sales of homes with one
or two bedrooms
Residential properties not available for sale with vacant possession:
Where a residential property is not available for sale with vacant possession HIP regulations will not apply. However, this exception will not apply where two or more dwellings in a sub-divided building that was originally built as a single dwelling are being marketed as a single property and one or more is not available with vacant possession.
Seasonal and holiday accommodation:
There is no requirement to provide a HIP where there is a planning restriction which either limits the occupancy of the property to 11 months or less in a 12 month period, or limits the use of the property to holiday accommodation.
Mixed sales:
The duty to have a HIP does not apply to a ‘mixed sale’. This applies where a residential property is marketed for sale as ‘ancillary’ to (i.e. is intended to be occupied and enjoyed with) one or more other buildings or areas of land used for non-residential purposes. Examples of mixed sales include a farm house sold with agricultural land and buildings, or a property consisting of a shop on one floor and a flat above it. The exception for a mixed sale only applies if at the time of first marketing, the marketing material makes it clear to potential buyers that the seller only intends to accept an offer for the property as one lot.
Dual use of a dwelling/house:
The
HIP duties do not apply to properties that have a ‘dual
use’ and can be used for both residential and
non-residential purposes simultaneously. An example of
dual use would be a house that has been divided and
where one part is used as a dentist’s surgery and the
other part serves as the dentist’s home.
Portfolios of properties:
Duties do not apply where one or more residential properties are marketed for sale together if the seller does not intend to accept a sale in isolation from the others, and it is clear from marketing materials that offers will only be accepted for the complete portfolio.
Unsafe properties:
A HIP is not required when marketing an unoccupied property that is unsafe, posing a serious risk to the health and safety of potential occupants and visitors, and this is made clear in the marketing material.
Properties due to be demolished:
A Home Information Pack is not required when marketing a property intended for demolition and redevelopment. This applies where the relevant planning permission has been obtained.
Park homes:
Park homes are not treated as ‘dwelling houses’ under the terms of housing legislation and therefore fall outside the scope of the HIP regulations.
New builds:
Although sales of homes built to the most recent Building Regulations (Regulation 17C, Part L, 2006) are currently exempt from the need to have a HIP, this is set to change later in 2008. For more detailed information on new builds, click here.
NOTE: The above is only intended to be an indicative list of the circumstances under which HIP regulations do not apply. For detailed information on exceptions the above should be read in conjunction with:
Home Information Pack Regulations 2007 Procedural Guidance
Click here for your instant HIP quote
