Packs: Law Society says Whitehall was told about search and leasehold problems


The government has used the 'fig leaf' of the energy performance certificate (EPC) to cover up a further climbdown in the introduction of home information packs (HIPs), the Law Society has claimed.



The Department for Communities and Local Government (DCLG) announced last week that sellers will be able to market their properties without searches or leasehold documents when HIPs become mandatory from 1 June this year. Provided all the information has been requested, sellers will - for a transitional six-month period - be able to put their homes on the market with only the EPC and key legal documents. After that time the arrangements will be reviewed.



The news of a further reduction in the content of the packs, from which the controversial home condition report had already been removed, came as the government sought to promote the benefits of the EPC in tackling climate change, and giving consumers better information about the energy efficiency of properties.



The move on searches came in response to feedback from the six areas that are trialling the packs, which revealed a serious disparity in the time taken by different local authorities to produce them. Evidence showed that while some local authorities could do searches in minutes, others took more than 40 days, and these delays caused lengthy hold-ups in the preparation of HIPs.



The trials also showed the cost of producing a search varied from £59 to £269, and in some areas private search companies were prevented from gaining access to the full data available to local authorities.



To address this, the DCLG

proposed a consultation on guidance to be given to local authorities on access to information, monitoring the performance of local authorities, and looking at the possibility of removing statutory obstacles to improving access.



Housing minister Yvette Cooper said: 'The trials have shown we need to tackle the unfair postcode lottery in searches which can cause homebuyers all kinds of costs and delays.'



Law Society Deputy Vice-President Paul Marsh said the Society and other stakeholders had repeatedly warned the government of the problems with searches and leasehold property, which should have been addressed much earlier.



He added: 'It seems that the government is using the fig leaf of the EPC to cover up the shortcomings in the HIP.'



However, a DCLG spokesman accused Mr Marsh of 'scaremongering'. He added: 'Solicitors should welcome the opportunity to speed up the system and provide greater transparency for homebuyers and sellers about the service they receive.'



Catherine Baksi