Justina Stanway - Energy Reports (EPC)

Suspension of Home Information Packs : Questions and Answers

I am just about to put my house on the market. Do I still need a HIP?
The duty to have a HIP has been suspended from 21 May. This means homes put on the market on or after that date will no longer need a HIP. However, you will need to have commissioned, but not necessarily received an Energy Performance Certificate - EPC before marketing can start.

What do you mean by "commissioned an Energy Performance Certificate"?
This means that a seller or a person acting on their behalf i.e.an estate agent must have instructed an accredited Energy Assessor to carry out an energy performance assessment.

Who or what is an Energy Assessor?
This is someone who is accredited (regulated) to provide energy reports on buildings. HIP providers may be able to provide this service as long as they are accredited under scheme as an energy assessor.

I have ordered a HIP but have not received it yet - what should I do?
You should contact your HIP provider as soon as possible. The duty to have a HIP will be suspended on Friday 21 May and homes put on the market on or after that date will not need one, although you will still need to have commissioned but not necessarily received an Energy Performance Certificate before marketing can start.

My home is already on the market with a HIP - do I have to do anything?
No. Sellers still need to provide an Energy Performance Certificate to potential buyers under separate legislation but that should be included in your HIP.

Will I still need an Energy Report after the suspension of HIPs?
Yes. Sellers will need to have or to have commissioned but not necessarily received an Energy Performance Certificate before marketing can start.

Whose duty is it to provide the Energy Performance Certificate?
The duty to provide an EPC (Energy Report) falls on either the seller, in the case of a building being sold, or the landlord, in the case of a building being rented. In the case of new buildings the duty to provide an Energy Report falls on the builder.

When does the EPC have to be provided?
An Energy Performance Certificate has to be available or have been commissioned before a home can be marketed for sale. It should be provided to potential buyers at the earliest opportunity and before entering into a contract to sell the property. Agents will also have to include energy information in written particulars, as was the case before the suspension of HIPs. They must do so as soon as the energy information becomes available. The seller and estate agent must use all reasonable efforts to ensure that the Energy Report is available within 28 days of the property going on the market.

What is the penalty for not providing an EPC - who will enforce it?
There is a fixed penalty of £200. Enforcement of these requirements is the responsibility of Trading Standards Officers. There are also penalties for not complying with the duty to commission an Energy Performance Certificate before putting the property on the market.

How do I get a copy of the EPC done on my home - I never received a copy of my HIP?
If you have had a HIP prepared on your home, the person who prepared your HIP should be able to provide you with a copy of the EPC.

Can I reuse the EPC I received in the HIP when I come to sell my home if it (the EPC) is more than 3 years old?
Yes. Following the suspension of Home Information Packs, all EPCs will be valid for 10 years.

Can I still rely on the HIP produced for the home I am buying?
Yes. There is no reason why a buyer cannot rely on the documents contained in the HIP.

I know there was a HIP produced for the house I am buying but the agent is now refusing to provide a copy - is that right?
Yes. The suspension of Home Information Packs means there is no longer a duty on estate agents to provide a copy of the HIP to potential buyers.

Does this mean more expense for first time buyers?
First time buyers will still receive an energy performance certificate from the seller but will now have to commission their own searches.

How long will the suspension of the Home Information Pack last - why don't you just abolish them outright?
Outright abolition will need primary legislation and we will do that as soon as practicable.

Why not just suspend HIPs and leave it at that?
The Government is committed to implementing its policy to abolish HIPs. The power to suspend is therefore an interim measure.

Am I still obliged to provide a copy of the HIP?
No but there is no reason not to do so if it improves the chances of a successful sale. The seller will still have to provide a copy of the EPC to potential buyers at the earliest opportunity and in any event before exchange of contracts.

Can buyers still rely on a HIP after the suspension date?
Yes. If the HIP was compliant with the regulations there is no reason why a buyer should not be able to trust it.