Legal Documents
All legal documents supplied to us including: special conditions of sale, leases, plans, planning permission, title details and searches will be available for inspection by prior appointment at our offices and in the auction room on the day of the sale.
In respect of residential or commercial property requiring Home Information Packs or Energy Performance Certificates, these are available for inspection online. Rental properties are required to have an Energy Performance Certificate (EPC) and as from 1st October 2008 all residential property:
Home Information Packs have been suspended
Please note that the Home Information Pack duties are suspended with immediate effect from 21 May 2010. This means that homes marketed for sale on or after this date will no longer need a Home Information Pack. However, Energy Performance Certificates are still required.. Information New Release
Commercial property ‘For Sale’ (regardless of when they were placed on the market) must have an EPC available from 1st October 2008, unless exempt.
All properties now require an EPC to stay on the market, even though they are presently excluded from needing the full HIP. This is now a legal requirement and any property for sale after the 1st October 2008 must have the EPC on the sales details. Equity & Law advise all our clients to make sure that they obtain their H.I.P. after taking advice from their solicitors as not all H.I.P. documents meet the required standard. (Please read this article before ordering your H.I.P.)
Many buildings will be affected by the introduction of Commercial Energy Certificates these include:
EPC for Retail Units
EPC for Shops
EPC for Industrial Units
EPC for Hotels
EPC for New Build & Existing commercial units - Using SBEM energy ratings.
EPC for New Build Homes & Dwellings - SAP Assessors
EPC for Rental Property & Rented Accommodation
EPC for Public Buildings & Institutions
EPC for Government Buildings
Exemptions to the requirement for a Commercial EPC, these exemptions include:
Places of Worship (e.g churches)
Temporary Buildings In Use For Less Than 2 Years (Portable Buildings and Site Buildings)
Low Energy Demand Buildings (example Farms Outbuildings and Barns)
Stand Alone Buildings Less Than 50 sq m. (Small outbuildings like Sheds or Summer Houses), In general, commercial premises are exempt that are less than 50 sq m Gross Internal Area. (GIA)
In addition Air Conditioning Systems will require inspection before January 2011. This involves an inspection prior to this date and a checklist and recommendation for improvements for existing systems to be issued.
Commercial Energy Performance Certificates are valid for 10 years and must be made available to a prospective buyer or tenant before entering a contract for sale, rent, or lease, and no later than the release of marketing materials for the property, or the request for a visit to the property being marketed for sale or lease.
The survey is carried out (In England & Wales) using Simplified Building Energy Model (SBEM) which is also used for part L of the Building Regulations. A number of energy assessment procedures may be employed dependent on the type of building and its use. Such methods include SAP, SBEM procedures: Property managers refer to Business Energy Saving Measures to reduce overheads and improve your buildings energy rating.
Please note that Equity & Law will remove any property details failing to comply with this regulation off the property market on the above date.
If the property is then re-marketed the HIPS regulations will apply, resulting in a full HIP being required to market the property.
Please note that solicitors cannot legally exchange contracts on any properties after 1st October 2008 without the EPC.
Special Conditions of sale and office copy entries are free online. To receive it by disk or post there will be a charge. Please go to the following link for details: FEES
