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Regulation 34 of Home Information (No 2) Regulations 2007 is set to disappear on 6^th April 2009.

Regulation 34 currently permits Sellers a grace period of 28 days in which to commission and produce their Home Information Pack (HIP) when marketing a property for sale, providing certain conditions are met.

However, from 6^th April 2009 this will come to an end and Sellers will no longer be able to place their property on the market unless and until all essential elements of the HIP are in actual existence. The essential elements are the Index, the Sale Statement, Official Copies of the Registers and Filed Plan for registered land and an Index Map Search for unregistered land. Other components to the HIP may be added to the pack at a later date provided:

• a request for the missing document or information was made before the first day of marketing the property;
• the seller reasonably believes that the missing document/information will be available within 28 days of the first day of marketing; and
• the Index contains details of the missing document/information, why it is missing and the efforts made to obtain it.

On 6^th April 2009 a further compulsory component to the HIP will also be introduced, namely the Property Information Questionnaire. The new questionnaire is planned to be easily completed by the Seller without professional help. It will provide buyers with basic, useful information about the property and will include such matters as flood risk, access, service providers, boundaries and parking arrangements. Additional information will be needed in respect of leasehold properties. The information required in the questionnaire will differ depending on whether the property is newly constructed or an older one. Such is the importance of this document that it will be indexed to appear before the Energy Performance Certificate.