HIP Code

HIP Code

Introduction

The HIP Code provides protection for homebuyers, sellers, estate agents, conveyancers and mortgage lenders who rely on the information included in a Home Information Pack (HIP) provided on residential property within England and Wales. It sets out minimum standards which HIP providers have to meet.

The HIP Code is owned and maintained by the Association of Home Information Pack Providers (AHIPP).

HIP firms can subscribe to the HIP Code as a HIP provider in their own right and/or as a HIP Platform Provider (a PCCB registered HIP Platform Provider indirectly extends HIP Code 'subscription' to users of its platform).

All HIPs which comply with this Code will include the HIP Code logo and you can check whether a HIP provider subscribes to the Code by searching the Register of Firms.

1. Key commitments

1.1 We, the subscribers to this Code, promise that we will:

  • Display the Code logo prominently on the front of our HIPs.
  • Provide HIPs promptly. We will not delay, nor accept instructions to delay, the provision of a HIP or of any item required for inclusion in a HIP. Any action taken (or failure to take action) knowingly to delay the provision of a HIP would not be compliant with this Code. If there is a delay in producing the HIP, we will inform you of this and why the delay has occurred.
  • Train our staff properly to provide HIPs with thoroughness and diligence, in line with the commitments set out in this Code.
  • Respond promptly to queries raised on a HIP, to ensure improved understanding.
  • Handle complaints speedily and fairly.
  • At all times maintain insurance to protect you as prescribed by the PCCB.
  • Act with integrity and ensure that all HIPs services comply with relevant laws, regulations, and industry standards.

2. Complying with legislation, registration rules and standards

2.1 We will comply with all relevant legislation and with guidance issued under that legislation.

2.2 We will comply with the Registration rules and any standards specified by the Property Codes Compliance Board and issued to registered companies.

2.3 We will report to the Property Codes Compliance Board any breach of the HIP Code, Search Code or Home Information Pack legislation of which we become aware and which to our knowledge has been perpetrated by an estate agent, a search provider or a HIP provider

3. HIP Services

Marketing

3.1 We will ensure that the terms and conditions and marketing materials relating to our services (whether printed or in electronic form) are clear, consistent, fair and not misleading.

Charges

3.2 We will tell you the charges and payment terms for any HIP service before it is provided or at any time you ask.

3.3 If additional charges are payable, we will advise you of these and provide you with an indication of cost.

3.4 If payment for the HIP service is deferred by us or if we provide financing arrangements for the HIP service, we will tell you this before the service is provided.

Queries

3.5 We will respond to queries raised on HIPs within 7 working days by letter, telephone or email, as you prefer.

Training and Data

3.6 We will train our staff to provide HIP services in accordance with this Code and will monitor their performance.

3.7 We will ensure that all data and information is handled with integrity and in accordance with data protection legislation.

HIP Provision

3.8 We will provide HIPs promptly. We will not delay, nor accept instructions to delay, the provision of a HIP or of any item required for inclusion in a HIP. If there is a delay in producing the HIP, we will inform you of this and why the delay has occurred.

3.9 HIPs will be provided in paper or electronic format, as you prefer. If we make a charge for providing a paper copy we will tell you in advance.

4. Complaints

4.1 We will produce a formal written procedure for handling complaints and we will include this in our HIPs.

4.2 The procedure will advise you that

  • We will acknowledge a complaint within 5 working days of receipt.
  • We will normally deal with a complaint fully and provide a final response, in writing, within 20 working days of receipt.
  • We will keep you informed by letter, telephone or email, as you prefer, if we need more time.
  • We will provide a final response, in writing, at the latest within 40 working days of receipt.
  • We will liaise, at your request, with anyone acting formally on your behalf.
  • If you are not satisfied with our final response, you may refer the complaint to The Property Ombudsman scheme: Telephone 01722 333306 Email: admin@tpos.co.uk
  • We will co-operate fully with The Property Ombudsman during an investigation and comply with his decision.
  • If we are a firm of solicitors you can also refer your complaint to the Legal Complaints Service and we will give you their contact details.

5. Exchange Ready Pack

5.1 HIP Enhanced with additional legal documents and information ("Exchange Ready Pack")

The following minimum production standards apply to the practice of supplementing the content of a Home Information Pack with additional legal documentation and information, and offering this enhanced package as an aid to facilitate the timely exchange of contacts. This enhanced package of documents and information is commonly known as, and is referred to, as an "Exchange Ready Pack".

5.2 If we offer an 'Exchange Ready Pack' or other similar entitled product this must as a minimum requirement contain:

  • Documents required by the Home Information Pack Regulations; and
  • Completed Property Details Questionnaire incorporating a fixtures and fittings form or equivalent comprehensive style forms and any further documents supplied by the vendor and
  • Additional available documents referred to in the registers of title and
  • Draft contract prepared by a conveyancing lawyer

6. Insurance

6.1 We will at all times maintain insurance to protect you as prescribed by the Property Codes Compliance Board

7. Monitoring and Compliance

Compliance officer and internal audit

7.1 We will nominate a Code Compliance Officer.

7.2 We will formally audit our compliance with the code at least once a year.

7.3 We will submit a statement of compliance, signed by the senior executive responsible, to the Property Codes Compliance Board.

Property Codes Compliance Board (the PCCB)

7.4 The Code is monitored and enforced by the Property Codes Compliance Board, which is an independent body funded by registered firms. The Board comprises representatives of search companies, conveyancers and HIP providers, and has a majority of consumer interest members.

7.5 We will readily facilitate and comply fully with any inspection of our compliance undertaken by the Board.

7.6 Complaints concerning the general operation of the Code can be made to the PCCB.

The address is:

The Property Codes Compliance Board
Caswell House
Towcester
Northants
NN12 8EQ

8. Information in the HIP

8.1 We will:

  • Only use Home Condition Reports which are provided by licensed Home Inspectors.
  • Only use Energy Performance Certificates which are provided by registered Home Inspectors or accredited Domestic Energy Assessors.
  • Only use searches supplied by local authorities, water and sewerage companies and statutory authorities or by private search firms which are currently registered with the PCCB.
  • Retain for a minimum of six years the latest version of a HIP provided by us.
  • Display the Code logo prominently on the front of our HIPs.

9. Review of the HIP Code

9.1 This HIP Code will be reviewed at regular intervals with key industry bodies, to ensure best practice in HIP ordering, processing and delivery.

Fourth edition: 16 April 2010

Published by the Association of Home Information Pack Providers