The Housing Bill received
Royal Assent on 19 November. It represents a major reform of
the private housing sector in England and Wales, improving the
protection of vulnerable tenants, overhauling home buying and
selling and regulating estate agents. The new Housing Act 2004
includes reforms in the following areas:
Home Information
Packs (HIPs) including home condition reports - Anyone marketing
a home will be required to provide key information upfront
at the start of selling the property. The packs will come
into force from 2007 after a six-month dry-run. The idea behind
the introduction of HIPs is to bring together, at the start
of the home buying and selling process, important information
(such as a home condition report) which, at present, is collected
piecemeal in the weeks and months after an offer has been
accepted.
Regulation of estate agents - Linked to the use of home information
packs estate agents will be compelled to belong to a redress
scheme for buyers and sellers.
In
light of this, the Council of Mortgage Lenders (CML) has announced
that it is urging the Government to put the political process
of the Bill behind it and look ahead to the real practical
issues of implementation.
Although
HIPs will not become universally compulsory throughout England
and Wales until at least 2007 (and probably much later in
Scotland), there is a huge volume of activity now needed to
ensure their successful introduction. As a first step, the
CML says that the Government needs to undertake a thorough
assessment of what specific implementation costs will be involved,
and then ensure that the creation of the new HIP regime is
within this cost framework. At present, the cost analysis
is hazy at best, but it will be a crucial factor in determining
what the market impact of the packs will be. Lenders' recent
experience of the implementation of mortgage regulation demonstrates
that costs in reality can far exceed early estimates - the
cost of implementing mortgage regulation was around double
the original cost-benefit estimates.
The
costs are crucial in determining what transitional impacts
might arise from the introduction of the packs. Another step
that the CML urges the Government to take, is to assess the
risk of the pack distorting the flow of properties coming
onto the market before or during the transition period, and
manage it accordingly. A substantial programme of information
and education for homebuyers, sellers, estate agents, lenders,
conveyancers and valuers will be needed to avoid this.
The
CML also issues a reminder that there are many significant
areas of work needed to bring the home information pack up
to scratch in time for a 2007 implementation. The home condition
report needs to be made consumer-friendly (and will need testing);
the databank to store the information needs to be specified
and built; a large number of home inspectors need to be trained
and qualified; their insurance arrangements need to be delivered
effectively; and the format of the legal information contained
in the pack needs to be made significantly more consumer-friendly.
Estate agents, a major delivery channel for the packs, also
remain unlicensed - a glaring anomaly in the successful delivery
of the Government's strategy in this area.
Michael
Coogan, CML Director-General, commented:
"By
the time the packs become compulsory, they will have been
a decade in the making. Consumers will not thank the Government
if they are not user-friendly after such a long gestation
period. But there are still a number of gaping holes in the
framework that need urgent attention and the full commitment
of Government to address.
"Lenders and the CML are committed to ensuring that the
packs are as useful as they can be - and help to reduce stress
and delays in the conveyancing process. It is now time to work
together on the practical issues to ensure that the introduction
of the packs does not inadvertently create unhelpful market distortions
or load unnecessary costs on consumers.
Sources : RICS
& CML (Council of Morgage Lenders - whose members are
banks, building societies and other lenders who together undertake
around 98% of all residential mortgage lending in the UK. There
are 11.5 million mortgages in the UK, with loans worth around
£800 billion.)
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