Do I need a HIP to sell my property?


10 April, 2008

The Home Information Pack regulations were extended on the 14th December 2007 to cover all residential properties in England and Wales.

The regulations apply to the vast majority of residential transactions however there are exceptions.

When was the property put on the market?

Properties which were already on the market when the duty to have a pack arose do not now need to provide one. Houses that require a Home Information Pack are those put on the market:-

  • After 10th August 2007 - Four or more bedroom houses
  • After 10th September 2007 - Three bedroom houses
  • After 14th December 2007 - Two or less bedroom houses

Is the property being marketed?

If the property is being sold to a member of your family or a friend, or by a landlord to an existing tenant, then a Home Information pack is not needed. If the property is being marketed in any way, for example you put your own sign in the window to advertise that the property is up for sale, then a pack is needed.

Is the property residential?

The following are examples of when a Home Information Pack is NOT required:-

  • If the property has a purely business use, for example, a shop. This applies to residential properties that are converted with the appropriate planning consents to business use and will still have that business use at the completion.
  • If the property has a "mixed use", for example, a shop with a flat above it and the property is being sold as one lot.
  • Seasonal and holiday accommodation - this applies where there is a planning restriction limiting the use to either holiday accommodation, or , if there is a restriction which limits the period of occupancy to eleven months or less in a twelve month period.
  • Park Homes - these are not treated by the housing legislation as dwelling houses and therefore do not fall within the legislation.

Is the property being sold with vacant possession?

If the property has a tenant and is being sold subject to that tenancy, it will not require a pack. The exception will not apply where the property is originally a single house and is later sub-divided into two or more properties, if one of these units is then being marketed with vacant possession it will require a pack even if the other units are tenanted.

Is the property unsafe or to be demolished?

If the property has been deemed unsafe for habitation by the planning authority and will remain in that condition until completion or if the property has a demolition order on it, then a pack is not required.

Is the property part of a portfolio?

A number of properties which are being sold together do not require a pack provided the marketing makes it clear that the seller will not sell one property without selling the others.

Why choose Forbes to provide your HIP?

HIPs contain a large amount of complex legal information and solicitors are best placed to not only prepare but also to interpret these packs.

The Forbes HIP is:

  • guaranteed to be compliant with HIP legislation
  • prepared online to reduce delays and ensure the pack is prepared as quickly as possible
  • flexible allowing for the inclusion of additional authorised items to assist you in marketing your property
  • seamlessly linked into the conveyancing process
  • competitively priced

Experience: The consequences of missing any detail, when buying and selling property, could prove to be a costly mistake. That is why it is essential to entrust a firm who do not cut corners and can offer you a comprehensive service.

Personal Service: Sellers will need help in dealing with the legal requirements of the pack and will seek guidance and advice in completing the forms. Our team of solicitors and conveyancers are best placed to guide you through the process giving practical advice.

Speed: We are at the forefront of technology which means you will receive a speedy service with the personal touch. We can also undertake the conveyancing process, unlike other HIP providers, avoiding duplication of effort and minimising delays.

Forbes offers a competitive HIP package starting from 275 pounds inclusive of VAT and are able to provide additional advice on whether or not a HIP is needed and what they contain. Unlike some specialist HIP providers there are no hidden costs and we do not charge extra for unregistered or leasehold houses.

If you have any questions regarding HIPS and selling your home, please telephone either Michelle Thompson, Rutherford House, Blackburn 01254 222399 or Susan Piela, Ribchester House, Preston 01772 220022.


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