Emyr Pierce

We are hoping to sell our house to my wife’s cousin who is moving to the area to work. Is it true that we won’t need a HIP as we are selling to a member of the family?

A HIP is now required in the event of a property being offered for sale to the general public.

However, in the event of a privately-negotiated sale no HIP is required – whether or not this is a sale to a member of your family, provided it has not been marketed in any way.

Marketing includes a sign in your garden or window advising that the property is for sale. You will, however, still require an Energy Performance Certificate.

Should you have placed your property on the market only for a member of your family to end up buying it, then a HIP will be required as you cannot market your property without one.

* Emyr Pierce is Managing Partner of Emyr Pierce Solicitors in Rhiwbina, Cardiff, Western Mail Conveyancer of the Year, specialising in Domestic and Commercial Property. Contact www.emyrpierce.co.uk or email law@emyrpierce.co.uk

Having put an offer on an old house we want to buy, my solicitor tells me he has to carry out searches of the local authority. How long is this likely to take as we are desperate to move in?

With the advent of Home Information Packs, it is the seller who now provides the basic local and drainage searches within the HIP.

However a property (particularly an old property) could have been on the market for a considerable period and accordingly the searches within the HIP may well be out of date. The buyer’s solicitor will not be aware of the date of the searches until he receives the HIP. If the buyers are purchasing with a mortgage, then the searches must be less than six months old. If the searches within the HIP are over six months old, the buyer’s solicitor will always advise that the searches should be updated.

• Emyr Pierce is Managing Partner of Emyr Pierce Solicitors in Rhiwbina, Cardiff, Western Mail Conveyancer of the Year, specialising in Domestic and Commercial Property. Contact www.emyrpierce.co.uk or email law@emyrpierce.co.uk