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The Housing Act was passed on the 18th November 2004 and compulsory
Home Information Packs are due to be with us early in 2007. There is an
enormous amount of work and research being carried out into most areas of the
pack. The ODPM (Office of the Deputy Prime Minister) and some of the relevant
professions are in the process of carrying out that work. For example, the
search and lending industries, the surveying profession and estate agents are
all making worthwhile contributions. The one notable exception however, is the
legal profession!
Many people see conveyancing (that will still have to be carried out
professionally) as the least important part of the whole HIP process. That is a
misconception; conveyancing will be just as important as it is now, perhaps more
so. I will explain my reasoning for that statement, metaphorically. The
Government has decided to build a train, the HIP, with the help of search
providers, home inspectors and so on. The public will be the passengers and the
estate agents are effectively going to be the ticket sellers. Who, therefore is
going to drive that train, who is going to repair it if it has been built incorrectly or
if it breaks down, who will get the blame for its lack of quality and speed? The
conveyancing solicitor of course!
Why would anyone want to drive a train that they have not had a hand in
building and which (because it has been badly designed and constructed) will
leave them open to claims of apathy or even negligence? Whether solicitors like
it or not, they will have to take part in this compulsory system for the remainder
of their working life.
I have been supplied with a specimen Home Information Pack prepared by a
potential pack supplier. It took me less than fifteen minutes to establish that it
was defective in the following ways at the very least:
Official Copies
Local Search
Water and Drainage Search
Environmental Search
Property Information Form
This specimen pack relates to a simple freehold property; anything more
complicated, such as unregistered freehold or leasehold for example would have
been even worse. If I had received that pack, having been instructed to act for
a potential buyer and a lender I would be raising my usual additional enquiries
and probably a dozen others. In addition I would be requesting copies of missing
documents, which could take days or even weeks to obtain. The pack would
have been rendered effectively useless as far as transparency and speed are
concerned.
This is what we have to look forward to: packs produced quickly and without
much thought by volume pack providers who seem to think that anyone with little
or no training can obtain, collate and check all of the components.
Most of the volume pack providers will probably be estate agency led. Their
main objective will be to get the property on the market as quickly as possible
and make money, without breaking the law and being fined. They will not worry,
at that stage, if the pack lacks finer detail.
The ODPM has recently published the results of a survey by NOP World.
Housing Minister Keith Hill has been quoted as saying that “The Government is
committed to making the home buying and selling process quicker and more
transparent through the introduction of Home Information Packs and we will
continue to work with key stakeholders to ensure they meet the public's
expectations when they are introduced in 2007”. If the specimen pack in my
possession is anything to go by neither speed nor transparency will be achieved.
In fact it will be the complete opposite.
In the survey it is suggested that a government ‘kite-mark' would be a good
indicator that all was well regulated. The government should consider this
carefully. Without some kind of quality control built in, the pack production
system in England and Wales will become a disaster.
What can solicitors do to improve matters? Probably very little on an individual
basis, but collectively quite a lot. First, we can make our concerns widely known
to the people who matter and then we can be ready to be a provider of good
quality HIP's ourselves, when the scheme begins.
I set up HIPAG, the Home Information Pack Action Group twelve months ago.
Some minor coverage in the Law Society Gazette led to a call from Nick Jervis,
of Samson Consulting, a specialist legal website design and marketing
company. 'He explained the importance and benefits of having a website for the
campaign and I was soon convinced that this was the way to go. Nick designed
the website (see www.hipag.co.uk) and more recently helped structure and
implement an internet marketing campaign to increase the visibility of HIPAG on
the internet. If you search, via any search engine, for the term Home Information
Pack you will find it hard to avoid us.
Prior to setting up HIPAG I was not particularly IT literate. However, with Nick's
help and advice I am now confident about using my computer, laptop and the
internet. In fact I am certain that I could not have built HIPAG to the level it is
now (around 100 members) as quickly as I have, by using the old traditional
methods of telephone and post. I can send 100 e-mails to all member firms at
the click of a button, simple stuff I know, but it could not have been done a few
years ago! I can also store huge amounts of data and information without taking
up large amounts of office or storage space. I am certain that I can develop
HIPAG over the next few years by taking advantage of the IT solutions that are
available to everyone in the 21st century.
Our aim? We want HIPAG to become a SHIP, a Specialist Home Information
Pack supplier. It will be able to compete competitively with any other pack
supplier in the market place including Rightmove, Countrywide Plc etc. HIPAG
member firms will be able to obtain the quickest most comprehensive HIP in the
market place.
Rob Hailstone is a residential property conveyancer with 25 years experience.
He set up HIPAG, www.hipag.co.uk,
12 months ago for two main reasons: to
ensure that the public would be able to obtain a high quality Home Information
Pack and to help the High Street solicitor survive the changes that are imminent.
As with any start up business, budget was a major concern. It was agreed we
would build the necessary shell with some basic (but important) content initially,
and then develop the site further over the course of time.
Our graphic designers were asked to turn the project brief into a visual
realisation to be presented as preliminary mockups to HIPAG. We then went
through the design approval stage of amending and approving to achieve an
approved visual design. Once we reached this stage, the web designers and
developers took over the project and using industry standard software tools such
as Dreamweaver, they took the visual mockups and created the hard coded
website pages.
Nick Jervis is a Solicitor (non practising) and runs Samson Consulting
www.samsonconsulting.co.uk.
Back to Contents.
Home Information Packs - (HIP's) and Running an Action Group on the Web (HIPAG)
by Rob Hailstone
The Quality of HIP's is Crucial
HIPAG and the role of the internet
Email rob@hipag.co.uk
More on the Web Site
Nick Jervis adds...
Our first briefing with HIPAG was an important one. We needed to establish how
the campaign strategy could be developed via the website, essentially by
gathering firms in support of the campaign aims. The site would be accessed by
partners and decision makers in the firms who themselves would have varying
levels of internet abilities so the site needed to be quick to load and easy to
navigate. Viewers should then be able to express their interest in joining the
group by completing an online form. They would then be given further
information by email, with interested parties being added to the HIPAG database
for follow up.
Email njervis@samsonconsulting.co.uk.