Surveyors' legal challenge to English HIPs
16 May 07
Royal Institute of Chartered Surveyors says law was not properly consulted on
The Royal Institute of Chartered Surveyors (RICS) is seeking a judicial review of the launch of compulsory home information packs in England and Wales.
After the packs become mandatory on 1 June, every house put up for sale will need to have a HIP that includes title deeds, a guarantee for any work done on the property and an energy performance certificate. The packs will cost the seller about £400-£600.
Concerns have mounted recently that properties will be delayed in getting to market because energy performance and local authority enquiry certificates will not be available in time. The number of qualified inspectors available to provide the energy performance certificates is well below the governmeent's original target. To date the government has discounted fears of a severe effect on the property market and insisted that the scheme will go ahead as scheduled.
RICS says the government did not consult properly on the law. They had not made their decision to start judicial review proceedings lightly, but felt they were left with no other option if they were to continue to protect the public’s property interests.
Communities Secretary Ruth Kelly said RICS was acting in an anti-consumer and anti-green way through their opposition to the packs. She added that the government would oppose the legal challenge.
The housing information packs are to be debated today in Parliament. A separate scheme for Scotland, the purchaser's information pack, including the compulsory seller's survey, was planned by the previous Executive to come into effect in October 2008, following a consultation on the form of the pack which has just concluded. The incoming Executive's intentions are still to be revealed.