DOCUMENTS: lawyers 'will be in the best position to provide the information required'


The roll-out of home information packs (HIPs) to all properties puts solicitors in the best place to take the lead in delivering them, because they have best access to leasehold documents, the Law Society has claimed.



The government announced last week that the controversial packs will be required for one- and two-bedroom properties from 14 December.



Given the high proportion of leasehold properties among such homes, and reported concerns that leasehold documents are proving hard to obtain quickly, the government will temporarily amend the HIP regulations so that only the lease document itself must be included in the pack.



Meanwhile, the last day when properties can be put on the market when the HIP has been commissioned, but not completed, was extended to 31 May 2008.



Law Society Vice-President Paul Marsh said: 'The government should have delayed the full roll-out, but what has become apparent since HIPs became mandatory for larger properties is the impact that solicitors have had as pack providers.'



He said the Land Registry and leaseholders do not always have copies of leases and the original lease document is held by the bank or building society, which will not release the documents to anyone other than the seller's solicitor.



'Therefore, solicitors will be in the best position to provide the information required and the pack,' he said. 'Solicitors already have a major share of the HIPs market and must maintain this.'



Rob Hailstone, chief executive of pack provider HIPAG, said extending the transitional arrangements to allow early marketing where a pack had been commissioned was sensible, but he added that the government must begin enforcing the legislation.



'Not all estate agents and HIP providers are playing by the rules, which is creating an uneven playing field with those that breach actually benefiting,' he said.



Government research indicates that HIPs are taking on average seven to ten days to prepare, searches are being delivered within five days and the average pack costs between £300 and £350.



Catherine Baksi