Whoever is responsible for selling the property is liable to constructing the home information pack before the property is put on the market. In most cases this will be the instructed Estate Agent or Agents, however if you are selling your property privately then you will still need to construct a pack. If a potential buyer requests a copy of the pack then you must provide this complete with a copy of all the compulsory elements within fourteen days. The packs are always free for the buyer and cannot be sold at any point. As stated earlier in the article if you have instructed an estate agent they will construct and provide the packs for you and should provide it on request to any potential buyer, however there are other ways to construct a pack if you are a private seller and not using an estate agent.
Firstly you could consult your solicitor, most solicitors will be able to provide the pack for you; you will need to speak with them regarding the fees as this could vary. Over the last year or so there has been an emergence of websites and companies that will gather all of the information and provide a completed pack to you; these are known as specialist pack providers. They will charge a one off fee to get the information together. If you are selling privately and choose a private company to provide the pack be sure that you know exactly what documents should be contained within the pack so you can check all the legally required elements are complete. It is also possible to compile the pack yourself; in order to do this you will need to instruct your solicitor to carry out the searches and to deal with any legal documents. You will need to instruct a domestic energy assessor for the energy efficiency certificate and a home inspector to carry out a Home condition report.
Whilst your property is on the market the home information pack will not need to be updated. If however the property is removed from the market and then placed back on then it would normally be required to provide a new pack. However there are some exceptions to this rule, for example:-
After an offer has been accepted and the property is subsequently removed from the market because a sale falls through then the original pack will remain current up to one year from the original marketing date. If the property is put back on the market within twenty eight days of the sale falling through then the HIP will still remain valid.
Secondly if the marketing of a property ceases for any reason then the property would need to be remarketed within one year from the original marketing date for the current pack to remain active.
The cost of the HIPS will vary on how you are selling your property; private companies will charge a one off flat fee for the make up of the pack. If you are using an estate agent some are stating that they do not charge for HIPs but be careful to read all the terms and conditions with regards sole agency and release fees of the HIP should you wish to move agencies. Many official spokespeople recommend using a solicitor to make up the pack in order that you own the pack and can take it with you should you choose.