HIPs become mandatory for all homes marketed to the public on 14 December 2007.

The No 2 HIP Regulations provide for a transitional period and a relaxation of the rules for a transitional period allowing marketing to start even though a pack is not available.

Provided a property is already on the market and is being actively marketed with a view to selling it before the commencement date for that type of property it will not need a HIP (regulation 33). See Fact sheet 19 for EPC requirements from 1 October 2008.

If it is taken off the market during the transitional period as a result of an offer being accepted but the sale falls through, then it will still not need a HIP provided it is put back on the market within 28 days of the sale falling through.

There is no end date to this transitional period although one might be imposed later by ministerial order.  It seems likely that the passage of time will be left to make a 'drop dead date' unnecessary - the number of  homes able  to take advantage of the concession is diminishing.

The announcement on May 22 2007 that properties could be marketed once a pack had been commissioned was enacted in the No 2 HIP Regulations (regulation 34).  Provided that the required elements have been requested and reasonable efforts are made to obtain them as soon as possible a property can be marketed without a pack.

Once the EPC has arrived a pack must be compiled, although it does not have to be fully complete as the rules for incomplete packs are still applicable (see Fact Sheet 21).  This mini pack must however contain the Index, EPC and recommendation report, Sale Statement, Official copy title registers and filed plan or official index map search plus the proof of request for the ‘missing’ Required documents and information.  This relaxation only applies to properties put on the market before 6 April 2009.  After that date a pack must be in existence before marketing can start. Advantage can be taken of the rules relating to marketing with an incomplete pack (Fact sheet 21) but this is subject to a waiting period of 14 days between the request for an EPC and the start day of marketing.