Home Information Packs Judicial Review

Is the Home Information Packs legislation confirmed?

Yesterday, May 16th, the House of Commons voted by a majority against a motion calling for the Home Information Packs (HIPs) regulations to be anulled.

However, the Royal Institute of Chartered Surveyors has decided to make a last ditch attempt to block the introduction, scheduled for June 1st. It has started judicial review proceedings against the Department for Communities and Local Government for its failure to carry out proper consultation before implementing the new legislation.

This means that this is last hurdle before the introduction of these packs. It is a somewhat surprising development given that the professional body is currently in the process of training both Home Inspectors and energy assessors as well as playing a prominent role as a certification scheme.

Next Tuesday the House of Lords will vote on HIPs following a motion tabled by Baroness Handam which calls on the government to revoke the HIP regulations until further consultation can take place. However, the Lords vote cannot stop HIPS coming into law, since even if the Lords back it the government can ignore their vote. The wording of the motion makes it non-fatal. HIPs would then come into law on June 1.

The RICs judicial review, which could be heard by the High Court as soon as next week, could pose a problem for HIPs if the judge involved agree that more consultation is needed.