Friday 3 April 2009

Revamped 'HIP' Scheme

Reported in the print edition of the Telegraph today - unfortunately no link - is the fact that a 'revamped and strengthened' version of Home Information Packs (HIP) scheme comes into force next week. One of the features of the new HIP is a questionnaire that lawyers fear may well mean sellers could leave themselves open to be sued as a result.

Simon Seaton, co-founder of Fridays, a property law firm, is quoted as saying "By introducing this questionnaire a seller is giving representations which the buyer will rely upon in order to place an offer of the property. The concern is that if the information turns out to be incorrect, the seller could be sued by the buyer, in my opinion, for any out-of-pocket costs." He is also quoted as saying that 'it eroded the buyer's responsibility to check what they were buying'.

The Department for Communities and Local Government has stated that Mr. Seaton is 'scaremongering' and that sellers could always fill in 'don't know' to any of the questions. This begs the question that if sellers do not have to give a categorical, or definitive, answer to any of the questions what is the point of the questionnaire? It also, neatly, demonstrates the mindset of bureaucrats!

When considering that the original EU Directive only required an energy certificate and that every other 'requirement' of a HIP has been added as 'gold-plating' by this government, obviously as a means of increasing 'taxes', raises a timely reminder that adding yet more 'bureaucratic control' over what is already a complicated process for the average person only causes yet more work for those involved and not necessarily for any beneficial good - other than increasing the need for more 'public sector' employees, which is hardly a 'beneficial good' for the country.

It would appear the question 'Is it really necessary to have ..............' when introducing any new law or procedure is hardly ever asked by bureaucrats or politicians, if at all. This is not surprising when at least half of those actually involved in the process, were the question to be asked, aren't!



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