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SUSPENSION of HIPS – REQUIREMENT for EPCs

The new government elected in May 2010 has now suspended HIPs prior to the need for primary legislation to abolish them.

With immediate effect from the announcement a HIP is no longer required in order to market a property. This means that as soon as instructions are received the property can be legally offered on the market.

Although HIPs are no longer required an energy performance certificate (EPC) is still required. This should be ordered as soon as instructions are received and details added to detail sheets, and where required other promotional materials, once the EPC is received. At present an EPC not more than three years old can be used where a property is newly being placed on the market.

There is still a requirement for the EPC or the EPC graphs to be provided on promotional materials such as agent’s detail sheets.

The regulations state that where any two of the following are provided, ie

  • A photograph
  • Room dimensions
  • A floor plan

The requirement to provide the EPC or the EPC graphs will be necessary for an estate agent’s

  • Detail sheets
  • Window displays
  • Advertisements
  • Web sites

Normally a detail sheet will provide at least a photograph of the property and room dimensions. Many these days have floor plans as well. So it is now necessary to attach a copy of the EPC or the EPC graphs to the details for those properties needing an EPC. It seems that the EPC graphs can be provided in black and white and do not necessarily have to be reproduced in colour.

Window displays and adverts will often have brief details without room dimensions or floor plans, just a photograph, so it is unlikely that the EPC will be an issue here. However, sometimes a photograph and a floor plan are provided on a window display, or room dimensions as well as a photograph are provided in an advert. If that occurs at least the EPC graphs must be provided as well.

For web sites often the first screens show a brief description of the property with a photograph but there will be a link to fuller details including room dimensions. As long as there is also a link to the EPC for the property or the EPC graphs this is likely to satisfy the regulations.

As before there cannot be an exchange of contracts until an EPC is in place.


 
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