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Factsheet 18 - Timing and Time Limits 

 

Timing and Time Limits

This Fact sheet is up to date at January 2009.
The Regulations (SI 2007 No 1667) deals with the practical and procedural aspects of HIPs as varied by a number of amending statutory instruments.

The first point on timing is that the HIP must be in existence and available for copying to buyers at the First Point of Marketing (FPM) – when it is first made known that the property is on the market and for sale. 

Where a document is added to the HIP after the original FPM the date it is added is the FPM for that document until the pack as a whole acquires a new FPM.

A new FPM does not occur and the pack need not be updated if a property is taken off the market

a) and then put back on the market within 1 calendar year of the original FPM;

b) or, if as a result of an offer to buy is accepted and the sale falls through, provided that the property goes back on the market within 28 days of the sale falling through

The FPM is important because certain documents in the HIP have a limited ‘shelf life’.  The following must be no more than 3 months old at the FPM:

  • the official copies of any registered title and title plan;
  • the Index map search for unregistered land
  • the Home Condition Report (HCR) if included voluntarily;
  • search and enquiry reports.

The EPC was originally included in this class but was later extended to 12 months at the FPM.  It has now been further extended so that it must be no more than three years old at the FPM. 

Financial information relating to leasehold and commonhold properties also has specific time limits – see Fact sheets 3 and 4.

All other documents may be older but must be the most recent version.

If certain Required documents are unavailable at the FPM there is a concessionary provision for the HIP to be regarded as complying with the rules without these subject to conditions.  Certain steps have to be taken, a strict timetable followed and the missing documents added to the HIP and noted on the Index as soon as they are available.

14 days have to elapse between the request for the EPC (and this request must be to the right person and paying any required fee) and the date when the property can be marketed with this ‘incomplete’ HIP.  See Fact sheet 21.

   
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