Following publication of draft regulations on home information packs, Kevin Martin looks at some of the concerns around them, and discusses the benefits of a proposed solicitor-led Law Society version

The introduction of home information packs (HIPs) took a step closer to actuality in recent weeks. The government published draft regulations on the packs on 31 October, setting out the detail for consultation.

The Law Society still has significant concerns about the implementation of HIPs. We are examining the detail of the draft regulations and considering our response to the consultation. The Society will also be seeking reassurance from the government that HIPs will, in fact, have the benefits that it claims for them. There are four key issues we will be lobbying hard to see addressed:




  • A full and complete dry run and evaluation, which will test every aspect of the pack.


  • A realistic implementation date. We are working with the Office of the Deputy Prime Minister (ODPM) to determine what that should be (it seems clear that 1 January 2007 is no longer realistic).


  • Reassurance that the consumer protection promised by the government will remain at the heart of the programme; namely, that there will be proper regulation of home inspectors on a level playing field.


  • We are still worried about the impact implementing HIPs will have on the housing market. We want to ensure that the packs will not result in damage to an already unsettled market.




    Of course, the Law Society welcomes any worthwhile initiative that genuinely improves the home buying and selling process.



    • The Society is fully aware of the enormous impact the enactment of HIPs will have on solicitors. We want to support the profession as much as we can and so, since the enactment of the Housing Act, the Society has been working closely with the ODPM and other stakeholders to ensure that the system will be workable.

    A fortnight ago I attended the Law Society property section annual conference, where I announced that we had spent the last few months working to develop a solution for practitioners – a solicitor-led Law Society home information pack.

    We have agreed a significant deal with a private supplier, MDA, which will facilitate the production of our pack.

    This is a major step forward for the Law Society and for practitioners who have been looking to Chancery Lane to ensure that solicitors remain at the forefront of the conveyancing process. This is an initiative that I am very enthusiastic about.

    The Law Society’s pack will be a tool for solicitors to help them continue to compete effectively in the market place. This will be a quality professional pack with the trusted independent brand of the Law Society.

    This will ensure that local conveyancing solicitors will remain at the heart of the home buying process and provide a full service for clients.

    The Society’s pack will have numerous advantages, including a fast efficient on-line service that requiring nothing more than a PC and an Internet connection, and it will be competitively priced.

    I must stress that the full specification of the Law Society pack is not yet finalised but will be settled over the coming months, once the final details of the regulations are known.

    The Society HIP offers security in this respect; you can have confidence that if you sign up for our pack, when the regulations are finalised, the Law Society system will have been adapted along the way to ensure full compliance.

    Having been engaged in detailed discussions with the ODPM and others about the contents of the pack and the regulations governing them, we really are perfectly placed to offer the most appropriate solution to solicitors.

    Encouragingly, the Law Society pack received a welcome reception from lawyers at the property section conference. Figures from a poll of delegates showed that 79% of respondents wanted to see the Society offer a HIP-provider accreditation scheme for solicitors, and 85% thought a Law Society HIP for solicitors would attract public confidence.

    This is a great endorsement for our work in this area and provides us with a good indication that this is what the profession wants from its national representative body.

    I should like to give a mention to the work of the Law Society property section. It has been a runaway success; since its launch in November 2002, the section has attracted more than 2,700 members, from firms nationwide. This is an impressive testament to all who have been involved.

    The section offers a comprehensive range of services and benefits to members, including a quarterly magazine, electronic newsletter, a continuing professional development training programme, and an on-line HIP portal keeping all practitioners, not just registered section members, up to date on information relating to HIPs.

    This is accessible via the property section Web site. Visit: www.propertysection.org.uk.

    I encourage solicitors to register their interest in the Law Society pack by e-mailing: hips@lawsociety.org.uk. We will update on developments as they occur.

    To find out more about HIPs, visit the Law Society property section HIPs portal at: www.propertysection.org.uk, or the Law Society Web site: www.lawsociety.org.uk.


    Kevin Martin is President of the Law Society