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Written by Rosalind Renshaw

Fears that having to have a HIP in place will delay marketing when new rules kick in next April grew this morning with official confirmation that the Property Information Questionnaire must be part of the Pack from day one.

While there had been some speculation as to whether the questionnaire was subject to the 28-day rule on a grace period, this has now been laid to rest – a vindication for anti-HIP campaigner Nick Salmon of SPLINTA who has consistently said that PIQs will delay marketing.

While the form is not complicated, it is subject to the seller’s knowledge of their property plus their availability and willingness to fill it in, whilst vendors of leasehold property may need legal help to complete theirs.

Meanwhile, the RICS is to launch a new type of survey early next year, labelled ‘a new product for a changing market place’. It has prompted speculation that the Home Condition Report will be back in all but name and that the RICS has done some kind of a deal with the Government to introduce Scottish-style surveys in England and Wales.

The new RICS product is called the HomeBuyer report and comes complete with condition ratings. It has been described as a ‘clone’ of the original HCR.

The new product will be explained at a series of nationwide seminars from February 4 onwards.

The new reports are being introduced against a backdrop of the introduction of Home Information Packs and Energy Performance Certificates, and the downturn in the market which has affected surveyors’ incomes, the RICS explains.

Its existing Homebuyer Survey and Valuation reports are to be replaced by the new products next year. These have not been particularly well taken up, the RICS admits, with most buyers opting for a simply mortgage valuation survey instead.

The new HomeBuyer reports are “proposed to be the first in a range of new quality consumer-friendly products designed to be flexible with the potential to generate new business”, says the RICS.

They come at a time when the RICS has apparently begun to feel warmer about HIPs, in particular welcoming the latest addition to them – Property Information Questionnaires.

There is now speculation that the new reports are aimed at being included in HIPs, possibly as eventually mandatory documents, and are designed to get RICS members in on the action. There is also further speculation that the new reports could act as a recruiting tool for the RICS, if it were to decide that the new reports could be carried out by outsiders who would have to apply for technical membership.

The original HCRs were intended to be carried out by Home Inspectors. It is understood that those who did the original training were largely lay people. There was no requirement for them to be chartered surveyors.

The seminars are priced at £135 for RICS members and £162 for non-members, plus VAT. The speakers are Barry Hall and Phil Parnham.

For more information, email events@rics.org

Comments

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    Nick, The CLG 'Written Statement' you have probably also carries the disclaimer that the department are able to offer only guidance and cannot provide authoritative legal advice. Since the debate is regarding what the Reg's require, and not what the CLG have told you, you're wrong! The Regulations, and any amendments relating to the Regulations, do not include the PIQ in the list of documents required before marketing can commence. That is unchanged and remains The Index, EPC, Sale Statement and Title Documents.
    If you want a statement with real back bone and legal standing, on which to rely, I suggest you seek the advice of a lawyer as it seems the CLG, once again, have failed to correctly interpret the legal requirements laid before them by their employers!!!

    • 17 December 2008 09:03 AM
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    John M & Salmon are WRONG. There may be ambiguity in the CLG news item but there is none in the Regulations. Durham is correct. There is no requirement for anything other than the Reg 14 (1) items to be in a HIP at the first point of marketing. Those items do not include the PIQ. The 28 day rule for all required documents outside those in 14(1) remains. This is absolutely typical. Is it ignorance, incompetence or deceit? It must surely be one or more of these.

    • 16 December 2008 23:18 PM
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    I can't believe this or more to the point I can believe this considering where this info is coming from. Mr Salmon, pardon the pun, but you are leaping before you're looking. Reread carefully the regulations because at the moment you're gonna end up with serious egg on your face. regulation 14(4)
    “(4) The pack documents required by these Regulations to be included in the home
    information pack under regulation 8(m) and (n) must be included WHERE the first point of
    marketing is on or after 6th April 2009.”.
    You refer to the PIQ must be in the pack AT first point of marketing after 6th April 2009. The regulations do NOT state this.The difference is subtle but it's there.

    • 16 December 2008 20:28 PM
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    Three points to make about this.

    1. See Section 12 of the Home Information Pack (Amendment) (No3) Regulations 2008 as it amends Section 14 of the (No 2) regs of 2007. I believe this shows how the PIQ comes to be legally required at first point of marketing.

    2. I have it in writing from CLG this week that the PIQ must be in the pack at first point of marketing after 6th April 2009.

    3. If an agent gets involved in helping a seller complete the PIQ it is likely they will open themselves up to PMA provisions.

    • 16 December 2008 18:39 PM
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    John M and others- please read the HIP(Amendment)(No.3) Regulations 2008 which were laid before Parliament on 8th December. You will see that the regulations do NOT include the requirement of the PIQ before marketing can occur. If they were to be included before any marketing could begin they would have been added to regulation 14(1). Make it your job to read and understand these reulations

    • 16 December 2008 17:02 PM
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    Durham perhaps you have not looked at the web link I posted earlier.
    The announcement clearly states that the REGULATIONS ARE BEING CHANGED and that from April 6th the whole HIP must be in place at the commencement of marketing - the 28 day concession to assemble a HIP will no longer apply.

    If you think the announcement is incorrect perhaps you had better let Margaret Beckett and "Communities" know aa a matter of urgency.

    In future the first day of marketing will be the first day the HIP is actually available.

    • 16 December 2008 16:01 PM
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    When I said scaremongering before I was referring to the PIQ having to be in a HIP from virtually day one because I have read the full regulations and the requirement of the the PIQ does not come under regulation 14(1)where docs are required before or at the first point of marketing. The new regulation 14(4) means the PIQ is required from 6 April 2009 but doesn't mean it is obligatory before marketing begins, i.e the 28 day period will also apply to this.

    • 16 December 2008 12:38 PM
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    How some of you guys get the time to respond to these issues everyday amazes me. However, had a meeting with a HIP provider yesterday to discuss 6th April deadline and they have informed us that the PIQ if completed by the agent or even if the agent tries to help the vendor will leave the agent vulnerable under PMA. It may only be a 10 minute session to complete the form but for goodness sake get the vendor and the HIP provider to complete it as they are not liable under PMA. Good luck to everyone for 2009!!

    • 16 December 2008 11:09 AM
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    All I see is RICs wanting to cash in on making money for it's members. The whole thing continues to be a farce!

    • 16 December 2008 10:00 AM
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    Durham if you think it is scaremongering then go to www.communities.gov.uk/news/corporate/1091058 where you can see the official announcement regarding PIQ's.

    • 16 December 2008 09:25 AM
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    Where is this official confirmation about the PIQ?. I think this is scaremongering.

    • 15 December 2008 22:17 PM
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    "And.....being an unregistered property, we already have to explain to him/her that we can't start the marketing until the property has been first registered, then a HIP completed" - That's complete nonsense.

    • 15 December 2008 06:34 AM
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    So......the RICS are feathering their own bed - AGAIN. When four DEA reach FOUR different conclusions on the same property, what hope for a fair hearing !! Whilst the PIQ need to be included, who says the answers cannot all be - "Don't know". Can an elderly client accurately tell us whose boundary belongs to whom? And.....being an unregistered property, we already have to explain to him/her that we can't start the marketing until the property has been first registered, then a HIP completed. So....join the list of self-servers - the HIP providers, the RICS, the DEA's, all of whom don't ACTUALLY do anything to help sell a property. Yet another example of a Government where nobody actually DOES anything. We just all tick boxes, and follow routine. Barking. Makes you wanna SCREAM!!!! There. I did !!

    • 15 December 2008 05:20 AM
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    The PIQ is just extra work for us again, the issue of course, is that the pack must be ready from April prior to marketing. Ave HIp time 5 to 7 days now in market of low tranasactions, what would that extend to if volumnes increase?? Actually lets have that problem!

    • 15 December 2008 02:39 AM
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    Before they introduce more rules they should sort out the existing mess. Why do Estate Agents and DEAs have to be regulated and HIP providers aren't. We, our clients and local DEAs have been fraudulently ripped off by 1stforhips/executivehips/corporatehips all trading under Portalsystems & Technology Ltd but we have no recourse. Be warned.

    • 15 December 2008 02:36 AM
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    Jim - don't bet on the 2:30 at Lingfield. Have just seen the Racing Post & from the photo, it looks like Margaret Beckett is running in the 3:30 at Chepstow.

    • 15 December 2008 01:55 AM
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    Has Nick Salmon actually seen a PIQ? Completing one is a 10 minute job - even for leasehold properties. How is this going to delay a property coming onto the market? Stop spreading mis-information - if you don't like the HIP as it is, why don't you work towards improving it so we've got something that's valuable to everyone?

    • 15 December 2008 01:31 AM
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    I'm off to "invest" in the 2:30 at Lingfield.

    • 15 December 2008 12:48 PM
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    The RICS has realised that the HCR is in reality a useful document to buyers and sellers alike and have therefore copied it to use their Home Buyer Report. Finally the Home Inspectors who have invested time and money in the govt created role may see light at the end of the tunnel.

    • 15 December 2008 12:38 PM
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    Election in June. Hips gone by July. Pointless really.

    • 15 December 2008 12:24 PM
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    having worked in the somewhat arrogant and industry blind HIPs sector for four years, I can only hope that HIPs are canned or shelved until there is a sensible and organized department to administer the legislation.

    • 15 December 2008 12:12 PM
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    I think Richard ' Giving It ' Large got it wrong then: Richard Large on Thursday 11th December 2008 04:44:22
    " How can so many people get the facts so wrong? The PIQ is NOT one of the documents required under Regulation 14 of the original Regulations to be present before marketing can commence. There is nothing in the new Regulations that changes that fact;"

    • 15 December 2008 11:56 AM
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    In 1972 the NAEA was formed to prevent a stitch-up between the then government and the RICS that would mean only surveyors could practise aa estate agents.
    This smacks of the same sort of thing.

    • 15 December 2008 11:50 AM
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    What is there to fear? I dont agree with HIPS and think they are a waste of time, effort and money and in a busy market I appreciate any delay in 1st day marketing is a pain however one thing we all have at the moment is time...so as long as these HIP`s are produced quickly what does it matter if it takes a few extra days to actually place a property on the market? My only concern is that some aganet will stick to the rules whilst other will not..and this will only be as good as those policing this flawed legislation.

    • 15 December 2008 11:31 AM
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