ePerformance News from the Home Inspector Forum

Guide to October 1st 2008 EPC and HIP law changes

The CLG has put together a guide (in English!) to the new regulations surrounding the implementation of Home Information Packs and Energy Performance Certificates.

The new laws, which came into force October 1st 2008, have been the cause of much confusion amongst professionals both inside and outside of the industry, due mainly to complicated legalese.

Here, we look at what triggers an EPC and who is responsible.

Residential property sales

EPCs are now valid for three years

At the first point of marketing a home, the EPC (within a HIP) must be no older than three years from its date of issue.

The EPC remains valid within a HIP so long as the home remains on the market.

A new EPC supercedes an existing one.

Asset rating graphs and sale particulars

If the sales particulars (including electronic) contain at least two of the following, the asset rating graphs - at minimum - must be included:

• A photograph of the building or any room in the building
• A floor plan of the building
• A description of the size of the rooms in the building.

Newspaper adverts and window cards are not legally required to include asset ratings, although CLG are saying it would be good practice to do so where two or more of the above conditions apply.

Whether written particulars are produced or not, an EPC must be made available at the earliest opportunity and certainly no later than:

• when the property is viewed;
• when written information is provided on request;
• before contracts are exchanged.

Who is responsible for the HIP?

The 'responsible person' - which is usually the estate agent.

Note: The estate agent is only responsible for ensuring a HIP contains the required documents, but is not responsible for the contents of those documents where they are provided by third parties.

Who is responsible for the EPC?

The seller is responsible for ensuring an EPC is made available under EPBD regulations.

If a HIP does not contain an EPC, therefore, both seller and estate agent could be issued a penalty notice.

Predicted Energy Assessment (PEA)

Where a property is not physically complete when marketing begins, a Predicted Energy Assessment (PEA) must be included within a HIP.

A PEA must be replaced with an EPC when the property is physically complete - this is the responsibility of the person constructing the building who must:

• provide it to the owner of the building; and then
• notify Building Control that this has been done.

A break in marketing

Where a break in continuous marketing occurs, the original HIP can continue to be used again if:

• the property is put back on to the market within 12 months of when marketing first began;
• the seller accepts an offer and takes the property off the market - if within 28 days of that event, the sale falls through and is put back on the market, the original HIP remains valid, irrespective of when marketing first began.

A copy of the EPC must be given to the eventual buyer free of charge before exchange of contracts. This remains the responsibility of the seller although it is assumed that this will usually be undertaken by their solicitor (to the buyer's solicitor).

Note: A guide is just that: a guide! You can find links to the CLG guide and regulations below (CLG talk).

Next month we'll look at rental properties.

The Home Inspector Forum Story

By Ryan Powell

Where Did It All Start?

The Home Inspector Forum started in May 2005 on a free hosted V Bulletin board that was packaged as part of another website hosting package I had.  I started the Forum because, although there were a number of very good forums available at the time, none of them were truly independent from training companies or other vested interests. I needed a place to share my concerns about joining a new industry with others that were in the same position as me

The property industry “red top”

From its tiny beginnings, the forum quickly grew following successful links with other industry websites and, predominantly, word of mouth through the SAVA Fastrack and BRE training courses running at the time. It seems we got the reputation of being the “Red Top” daily of the property industry following comments apparently originating from the then DCLG, all of which just added to our notoriety and caused more than one or two heated debates on a Friday night!

The Forum never started out as a commercial venture and it was never my intention for it to become one. However, as the number of forum members grew, so did the time, money and resources it required.

I soon realised I could not do this on my own: I knew enough about website design to get-by but I was lost when it came to database integration. Luckily I was introduced to Tom, a freelance developer who has worked with me on the forum ever since.

We try to add as much value as possible to the package our subscribers receive by providing tools such as the Website Builder (your own free business website), Private Boards (which have helped several organisations to “incubate”, such as IPPA) and Technical Resources amongst others.

Over the coming months we intend to add more.

The lovers and haters

Many people have a love-hate relationship with the forum. Negativity tends to spread quickly through internet discussion boards and during turbulent times, there have been moments when I have wondered, why do I bother!

It’s only when I am reminded that the forum has become a key tool to many within our industry that I refocus on its purpose to provide a discussion place for everyone involved within the industry.

I am pleased to say that many of our early members have gone on to build successful businesses and/or become prominent members of the HI and DEA communities.

Balancing free-speech and privacy

Moderating the forum has always been a difficult task as we have to balance our members’ right to free speech against another’s privacy, which often leads to me or Mike taking the flak.  We are lucky to have the assistance of MikeC who puts an incredible amount of time into the industry including running his own website and producing the industry-wide podcasts that we all know and listen to. He is an essential volunteer who spends a lot of time cleaning up the boards, moving posts and putting things in the correct place.

We always strive to act impartially and with integrity when moderating the forum which often proves challenging – particularly when feelings run high!

The future

Going forward we hope to grow ePerfomance News and increase the number of work instructions available to our members as well as the amount of technical content on the boards. Most importantly, we want to grow with our member base and encourage the active involvement of our subscribers.

If there is something we are doing wrong then tell us; if we are doing something right, tell us too!