Local Land Charge Searches For Your HIP Pack

Wychavon have been working to improve the service in readiness and have introduced systems and working practices which have streamlined the service to enable the turnaround time to be reduced from the statutory 10 days to two working days, and in some instances the same day return.

We also offer a first class service backed by our experience in dealing with searches since local land charge searches were first introduced.

We are fully accountable for the full, authenticated and guaranted information supplied in response to forms LLC1 and Con29R (Requiried) or Con 29O (Optional) and respond to any follow up enquiry arising only from an official search.

Other search providers compiling their own responses to the Con 29 forms have access to statutory registers and a limited amount of unrefined data information.  Any follow up queries arising from search reports provided using those sources must be referred back to that provider.

Home Information Packs

The Home Information Pack contains important information that buyers and sellers need to know. Home Information Packs including Energy Performance Certificates have been implemented on a phased basis which started on 1 August 2007. Packs are now required for the sale of four bedroom properties and larger. Smaller properties will be phased in as soon as sufficient energy assessors are fully qualified.

• For sellers, providing a Pack upfront should reduce the likelihood of any nasty surprises in the selling process that could delay the sale, as buyers will be able to make more informed decisions about purchasing their home.
• For buyers, the Pack provides essential information about properties they are considering buying, free of charge.

What does a Pack contain?

Home Information Pack Index

The compulsory documents include a Home Information Pack Index, listing the documents contained in the Pack.  The Index provides a checklist for sellers, buyers, estate agents and enforcement authorities.  Where a document that must be included in the Pack is unavailable, the Index must say so, give the reason it is missing, and indicate what steps are being taken to obtain it. Where documents are added to or removed from the Pack at a later stage, the Index should be revised accordingly.

Energy Performance Certificate

Energy Performance Certificates tell you how energy efficient a home is on a scale of A-G. The most efficient homes - which should have the lowest fuel bills - are in band A.

The Certificate also tells you, on a scale of A-G, about the impact the home has on the environment. Better-rated homes should have less impact through carbon dioxide (CO2) emissions.

The average property in the UK is in bands D-E for both ratings. The Certificate includes recommendations on ways to improve the home's energy efficiency to save you money and help the environment.

Most sellers of newly built homes will have to provide a predicted assessment of the energy efficiency of the property, but a full Energy Performance Certificate should be provided to the buyer when the home is completed.

Sale Statement

The sale statement should provide some basic information about the property, including:

• The address of the property being sold
• Whether the property is freehold, leasehold or common hold
• Whether the property is registered or unregistered
• Whether or not the property is being sold with vacant possession

Standard searches

The Home Information Pack must include:

• The local land charges register relating to the property being sold. Once a search is completed, which can be carried out by a personal search company or a local authority, you will receive an official search certificate.  
• Other records held by the local authority on matters of interest to buyers, such as planning decisions and road building proposals. These are referred to as local enquiries in the Home Information Pack regulations. A local authority or a personal search company can be used.
• The provision of drainage and water services to the property. The local water company or a personal search company can be used (however, the search must comply with the HIP Regulations).
• The procedural guidance to the Home Information Pack Regulations contains more information about what should be included in the search reports. For detailed advice dealing with local enquiries, drainage and water, and general provisions applying to all search reports and those who provide them (e.g. local authorities, water companies and personal search companies), see Communities and Local Government at http://www.communities.gov.uk/index.asp?id=1500728

Evidence of Title

These documents prove that the seller owns the property and therefore has the right to sell it. Where the property being sold is registered, certain documents that are available on request from the Land Registry must be included in the Pack. These provide an up-to-date official record of who owns the land, and consist of:

• Official copies of the individual register (made up of a property register, proprietorship register and, typically, a charges register)
• An official copy of the title plan

In the case of the sale of a commonhold interest, official copies of the register and title plan should be produced for both the unit and common parts. The Land Registry has details of additional requirements for sales of commonhold properties.

For sales of unregistered land, the Pack must include copies of a certificate of an official search of the index map (obtained from the Land Registry), and those documents that the seller intends to rely on to provide evidence of title to the property, and thus the right to sell it.  More detailed advice on the sort of evidence that is usually considered acceptable is in the procedural guidance to the Home Information Pack Regulations available at http://www.communities.gov.uk

Leasehold and commonhold properties

Most of the documents that must be included in the Home Information Pack are applicable to all transactions, but some are needed only for leasehold and commonhold sales.

The required leasehold documents are:

• A copy of the lease.
• Any regulations or rules that apply to the property that aren't mentioned in the lease and any proposed amendments to same.
• Statements or summaries of service charges covering the previous 36 months.
• Where appropriate, the most recent requests for payment of service charges, ground rent, insurance against damage for the building in which the property is situated, and insurance in respect of personal injury caused by or within the building during the 12-month period before marketing began.
• The name and address of the current or proposed lessor, and details of any managing agent that has been appointed or proposed by the lessor to manage the property.
• A summary of any works being undertaken or proposed that will affect the property or the building in which it's situated.

The required commonhold documents are:

• An official copy of the individual register and title plan for the common parts. This is in addition to official copies for the unit .
• An official copy of the commonhold community statement. You can download this document from Land Registry.
• Where they are reasonably obtainable, or sellers can reasonably be expected to be aware of them, the following documents and information are also required:
• Copies of any regulations or rules not described in the commonhold community statement and any amendments proposed to those regulations or to the commonhold community statement.
• Copies of any requests for payments made in the previous 12 months in respect of commonhold assessment, reserve fund levy and insurance (if not covered by a request for commonhold assessment).
• The name and address of any managing agent or other person appointed or proposed to be appointed by the commonhold association to manage the commonhold.
• A summary of current or proposed works affecting the commonhold.

Optional items

Some documents in the Home Information Pack are optional. These include:

Home Condition Report

A Home Condition Report contains information about the physical condition of a property, which sellers, buyers and lenders will be able to rely on legally as an accurate report. The Report is an important part of the Pack, and can be included by sellers on a voluntary basis.

• Sellers who provide a Report will have an early opportunity to carry out repair work on the property or obtain quotes prior to marketing.
• Buyers can use it at the beginning of the home-buying process to minimise the possibility of being faced with unexpected repair bills and other surprises.
• Lenders can benefit by using the Report to inform their valuations, reducing the need to repeat a detailed on-site inspection at the buyer's expense.

The Government believes there will be significant benefits to home sellers if they top up their Packs to include full Home Condition Reports, and that this is a product that the market can deliver. Communities and Local Government is working with stakeholders to facilitate the voluntary take-up of the full Report, and has invested resources in promoting and developing it for consumers.

Home Inspectors responsible for preparing Home Condition Reports will hold a qualification at NVQ Level 4 (equivalent to degree level), and will require in-depth knowledge and practical understanding of residential building construction and defects across a range of properties as set out in the approved National Occupational Standards for Home Inspectors.

Legal summary

Home Information Packs will contain some complex documents that can be difficult to understand. The optional summary of the legal content of the pack could therefore be very helpful to buyers, although it will not remove the need for buyers to take their own legal advice as well.

Home use / contents forms

Home use and home contents forms let sellers give buyers information on a range of matters relating to the property. These include information on boundaries, notices, services, sharing with neighbours, planning permissions and other matters of interest to potential buyers.

It is usual for sellers to declare which fixtures and fittings and other contents of the property are included in the sale, are excluded from the sale, or are subject to negotiation.  The Law Society also produces its own forms to help solicitors and licensed conveyancers produce Packs.

Other documents

Sellers could speed up the sale if they include non-standard searches in the Home Information Pack where appropriate. For example, it's standard practice to obtain a mining search in areas where coal mining has taken place. Sellers in these areas will save time if they provide this search in the Pack.

Other searches cover rights of way, ground stability and actual or potential environmental hazards such as flooding and contaminated land.

Sellers will also want to include guarantees and warranties for work already carried out on their

Further Information

Please further infomation about HIPs contact

Shirley Layland
Corporate Database Manager
Telephone: 01386 565331 - between 9am-5pm, Monday-Friday
Email: shirley.layland@wychavon.gov.uk

Or visit the Home Information Pack website.