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Submitted by: MikeC (Admin) on 26-Mar-09 06:20:37 PM

Homesellers may begin marketing their homes without an Energy Performance Certificate next month, when new rules mean a ‘basic HIP’ must first be in place, if it is not available 14 days after requested, the CLG has told AHIPP.

In an email clarifying the finer points on when Property Information Questionnaires (PIQ) must be included within a Home Information Pack post 6th April 2009, the CLG also wrote:

Sellers can start marketing their home with a HIP that does not include an EPC (or PEA) 14 days after it has been requested where the document has not yet been obtained.

The "basic" HIP, it adds, will comprise: 

  • Index
  • PIQ
  • EPC/PEA (but "14 day rule" described above will still apply)
  • Sustainability information (new homes only)
  • Sale statement
  • Land Registry documents concerning title 

I know I’ve been out-of-the-loop for a couple of weeks but isn’t this new? Or have I missed it?

I’ve only had time to contact one accreditation scheme before publishing, - which were unaware - so one must wonder why AHIPP is quietly informed first, before, at least, them.

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Posts: 3
14 days for EPC
Reply #1 on : Fri March 27, 2009, 12:13:06
Once again CLG are economical with the actualite in their advice.
It's Reg 16 of the original 2007(2) Regs (& I'm paraphrasing):
It applies to an EPC (or a PEA) 16(1)(c)
All reasonable efforts & enquiries have to be made to obtain one. 16(2)
The 14 day rule starts counting from when the EPC is ordered, not from when the property is first marketed 16(2)(a)
You must put proof of the date of ordering the EPC in the HIP 16(2)(d)

So basically you can start marketing 14 days after the EPC was ordered, even if it's not available. But you can't market within that 14 day period without having the EPC in the HIP.

Of course under the EPB Regs you can't actually provide written information or do a viewing without the EPC.
Posts: 2
Re: CLG tells AHIPP
Reply #2 on : Fri March 27, 2009, 16:34:46
You should become a specialist lawyer in HIPs, Richard ;)

You're quite right about the CLG; emphasising only parts of the requirements in its advice to AHIPP is irresponsible and potentially damaging.

AHIPP, of all bodies, need the whole story for it is their members and clients on the slab.

Of course, it's not known what questions the CLG was responding to so the context could be out of whack, in which case AHIPP owe a duty of care to its members.

Regardless, we have two conflicting messages here: you CAN begin marketing without the EPC if it's not available 14 days after it is ordered, but you can NOT provide written info or conduct a viewing without it.

Who, amongst the general populace (much less EAs), will understand the nuances between the two?

Come on CLG: K.I.S.S. and consistent (in all communications).

This will be abused.

Posts: 3
Re: CLG tells AHIPP
Reply #3 on : Tue April 07, 2009, 19:04:38
Hi Mike

In the CLG's guidance document for EPCs for the sale or rent of domestic properties under section 4 in the Q & A section is does state that a property can be marketed as normal if the EPC has not been received fourteen days after ordering.

Requirements for energy performance certificates (EPCs) when marketing homes for sale or let

So, I don't see as anything has changed?

Posts: 2
Re: CLG tells AHIPP
Reply #4 on : Tue April 07, 2009, 19:25:24
Thanks Colin.

The message is, then, that DEAs should continue to provide a confirmation of order to clients... just in case. I know some feel they can drop this bureaucracy now, but clearly not.

Posts: 3
Re: CLG tells AHIPP
Reply #5 on : Tue April 07, 2009, 20:13:59

I haven't seen any amendment to the regulations that state a "confirmation of order" is no longer required although while obviously it does seem a little pointless as the HIP itself is required now and any missing documents have to be indexed with time lines, the order form can be used as further proof that the HIP was ordered at least 14 days before first marketing took place.

Going back to the EPC 14 day rule I did find the below in the EPBD regulations, just took me a little while to remember where I'd seen it!

Defence where energy performance certificate unobtainable
42.—(1) A relevant person shall not be liable to a penalty charge notice for a breach of the duty imposed by regulation 5 where he can demonstrate that—

(a) he made a request for an energy performance certificate at least 14 days before the relevant time, and despite all reasonable efforts and enquiries by the relevant person, he did not have in his possession or control a valid energy performance certificate at the relevant time; or

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