Elizabeth Moffitt of Hedges Solicitors in Wallingford, examines the implications Home Improvement Packs have on those wanting to sell their property.

Home Information Packs (known as HIPS) have been regarded by almost all professional bodies concerned with selling property to be a waste of the seller's time and money.

So why has the government implemented them? The original aim was to speed up the house buying process, based on the theory that the more information the sseller gives the buyer before an offer is made, the less chance there is of the buyer withdrawing at a later stage.

It remains to be seen what impact this will have on a fragile property market, at a time when mortgage affordability for homeowners continues to worsen.

What must the seller provide in the HIP? The compulsory documents for freehold properties include an Energy Performance Certificate, title deeds, a local authority search and drainage and water searches.

In the case of leasehol properties such as flats and maisonettes, details of the lease must also be provided.

Originally from August 1 2007 only four bedroom properties required a HIP (mainly because the Government realised there were insufficient energy assessors to cover the whole property market).

However, the requirement to have a HIP was extended to apply to three bedroom properties on September 10 and to all one and two bedroom properties on December 14.

If you placed your property on the market before the date it became mandatory to have a HIP, then under current legislation it will remain exempt as long as it remains on the market.

Failure to produce a HIP can lead to a substantial fine. It is sufficient, at present, to provide evidence that a HIP has been commissioned to allow marketing to commence.

However, from June 1, it will be compulsory for the HIP to be made available before a property is marketed.

What is the point of the HIP? The Government considers that an EPC will help to reduce our carbon footprint.

Whilst this is no bad thing, it has failed to take account the amount of paper involved in producing a HIP (not every buyer will be able to access an electronic copy) and that there are several other ways in which a considerably larger impact could be made in reducing carbon emissions, by less bureaucratic means.

The EPC has also been introduced to comply with EU legislation, but many commentators feel the Government has latched onto this aspect as a fig leaf to cover the embarrassing criticism levelled at HIPs generally (the original version of which also included a structural survey).

So what is an EPC? It is a report prepared by a domestic energy assessor (DEA) who will visit the property, measure the carbon emissions and provide hints on improving the energy efficiency of the home.

The average cost of an EPC is between £100 and £175 which, coupled with the average cost of a HIP which can be anywhere between £200 and £350 for a freehold property, then selling a home can prove to be a costly exercise.

A HIP for a leasehold property will be more expensive still. Nevertheless, the HIP is essentially a legal pack so a solicitor can advise on the current law and how to comply with it.

In particular, care should be taken where agents offer a "free HIP". The agency terms should be studied carefully because few firms will be able to carry the upfront cost, unless there is a higher sale commission later, or a longer commitment period on the part of the seller.

Arranging the HIP through your a solicitor means that you "own" the HIP , rather than the agent, so in the event you decide at a later date to switch estate agents it will not cause a problem.

Contact: Elizabeth Moffitt, Hedges Solicitors, 01491 821792, www.hedgessolicitors.co.uk