Hip view (Home Information Packs and Energy Performance Certificates EPC

Centuries of British tradition has been swept away because a builder was just too cheeky. Robert Fidler (real name), 60, secretly built his dream home and cunningly hid it behind tarpaulin, disguising it as a haystack. He lived in it for four years. It was a flagrant attempt to take advantage of a loophole in local planning regulations which, in theory, means that buildings erected without permission to be declared legal if no objections are made after four years.

He even allowed a TV programme to be made about the castle.

But a judge in the High Court ruled that the building, near Redhill, Surrey was unlawful and that Fidler could not benefit from his deception. The castle, its conservatory, marquee, bridge, patio, decking and tarmac racecourse (yes really) will now be knocked down.
“This was a blatant attempt to flout the law,” said a spokesman for Reigate and Banstead Borough Council. Mr Fidler will of course, appeal.

The Association of Independent Personal Search Agents (IPSA) has today completed a partial survey of its members in relation to their combined burden of bad debt. The survey has revealed the amount IPSA members have written-off since the introduction of Home Information Packs due to non-payment, liquidation, alleged fraudulent trading and improper business conduct.

Christian Lister, IPSA Chairman is shocked by the results, he commented; ‘The results are horrific especially when the majority of the debt instigators were PCCB registered or members of a hip trade association displaying the HIP Code logo. Allowing for the fact that these are only interim figures* with some members yet to finalise their losses the total number could well exceed seven figures. These institutions set industry standards and are there to give the consumer confidence in the quality of the product they are purchasing.’

Home Information Pack providers are at the frontline in dealing with consumers, mostly taking payment for goods up-front. ‘Some of these
companies have left a trail of destruction in their wake,’ stated IPSA member Steve Davies. He continued: ‘As search agents we are required to pay for Professional Indemnity Insurance as protection for all consumers using our services. All of these failed HIP companies have left their suppliers with hundreds of thousands of pounds worth of unpaid bills, which raises the issue of the title of goods being called into question.’

The auditable figure of £779,561.30* if divided by the average cost of a member’s search fee would mean that insurers have not passed title on these unpaid goods, leaving an estimated 7796 Local Authority Searches within Home Information Packs uninsured.

‘This is a consumer’s worst nightmare,’ said Christian, ‘and I believe the PCCB and hip trade associations must now stand on their key message of consumer protection and investigate the implications of this to the general public at large. I will not accept that this situation is, as one trade association Director is reported to have remarked ‘it’s just business’. It’s almost criminal and something must be done

Another week and another victory for PALI in their continuing struggle to gain their legally entitled access to environmental information. The Basildon office of PALI (Property And Land Information) lodged a second complaint, this time against Tendring District Council for refusing access to Building Control records and charging to provide the information. In line with their previous complaint against Maldon Council, Jeremy Tyler of the Basildon office complained that Tendring were operating restrictive practices as the information he was requesting access to was environmental and should be available to the public free of charge under European law. The council disputed this and continued to refuse access to the information. Jeremy went as far as he could with internal complaints and during lengthy email exchanges, Tendring re-iterated its refusal so Jeremy reported the council to The Information Commissioners Office (ICO) which rules on these matters.

The ICO contacted the Council giving them ample time to change their mind, which the Council refused to do, therefore, inline with two similar cases that the ICO has ruled on, it was expected that the ruling would be in line with these previous rulings. That is in fact what happened and the ruling was in favour of PALI and against firstly Maldon and now Tendring.

This latest decision by the ICO can be read on this blog CLICKING HERE.

In summary the decision was that the information requested was environmental and access should be freely available at a point designated for that purpose and within a reasonable time scale.

Jeremy Tyler, Director of PALI Basildon said, “This may be the battle won but not the war, it is going to take time to get all councils complying with the law, this is an abuse of power and we will do all we can to ensure that councils work within its remit and do not abuse their powers.”

Decision Notice

In the continuing struggle by personal search companies to gain their legally entitled access to environmental information, the Basildon office of PALI (Property And Land Information) lodged a complaint against Maldon Council for refusing access to Building Control records and charging to provide information contained there in. Jeremy Tyler of the Basildon office complained that Maldon were operating restrictive practices as the information he was requesting access to was environmental and should be available to the public free of charge. The council disputed this and continued to refuse access to the information. Jeremy requested that his complaint be entered into the councils complaints review process. Maldon re-iterated its refusal so Jeremy reported the council to The Information Commissioners Office (ICO) which rules on these matters.

As the ICO had already ruled on two similar cases it was expected that the ruling would be in line with these previous rulings. That is in fact what happened and the ruling was in favour of PALI and against Maldon.
The full report and decision by the ICO can be read on this blog by
clicking here. In summary the decision was that the information requested was environmental and access should be freely available at a point designated for that purpose and within a reasonable time scale.

Nick Small of Pali Ltd Merseyside, The PALI head office said “This is good news for the Personal Search Companies and Home Information Pack ( HIP ) providers, We at PALI are determined to keep our prices as competitive as possible for the benefit of the consumer and our clients. The price rises imposed by the councils since April this year have had the effect of forcing up the cost of searches and Home Information Packs ( Hips )’.

The proposed doubling of the charges to access the Land Charges registers by councils in January will further drive up these cost so it is important that we make a stand against abuses of monopoly positions, restrictive practises, restraint of trade and illegal charges. Various offices of PALI have similar complaints lodged with the ICO currently and are hopeful of similar decisions. These will be reported on this blog as and when they are published.

Decision Notice

#ukgovOSS

What is “Part L”?

The Building Regulations apply to building work in England & Wales and set standards for the design and construction of buildings to ensure the safety and health for people in or about those buildings.
The Department for Communities and Local Government (DCLG) publishes guidance on meeting the requirements in what are known as “Approved Documents“. The guidance contained in each document relates only to the particular requirements of the regulations that the document addresses. The building work will also have to comply with the requirements of any other relevant paragraphs in Schedule 1 to the regulations.

The fourteen ‘parts’ of Schedule I to the Building Regulations are:

Part A Structure
Part B Fire safety
Part C Site preparation and resistance to contaminants and moisture
Part D Toxic substances
Part E Resistance to the passage of sound
Part F Ventilation
Part G Hygiene
Part H Drainage and waste disposal
Part J Combustion appliances and fuel storage systems
Park K Protection from falling, collision and impact
Part L Conservation of fuel and power
Part M Access to and use of buildings
Part N Glazing - safety in relation to impact, opening and cleaning
Part P Electrical safety

“Part L - Conservation of fuel and power”

Part L of the Building Regulations (in England and Wales) was introduced by government on 6 April 2006, and it concerns the implementation of energy efficiency measures.
These regulations raise the energy efficiency of new buildings by 40%, compared with the Part L 2002 requirements. They also improve compliance by introducing new energy performance requirements for building services within all new buildings. The time for the building industry to comply with the new regulations has been tightened, and the transitional arrangements have been cut from the expected maximum of three years to just 12 months. Therefore all new buildings without full building plans approved by 6 April 2006 by the local authority, must comply with the new Part L requirements from 6 April 2006.
The new Part L requirements are as follows:
“Reasonable provision shall be made for the conservation of fuel and power in buildings by:
a. limiting:

   heat losses through the fabric of the building
   excessive solar gains and
   heat gains from pipes, ducts and vessels used for space heating, space    cooling and hot water storage

b. providing energy efficient and properly commissioned fixed building services with effective controls
c. providing to the owner sufficient information about the building and its building services so that the building can be operated and maintained in such a manner as to use no more fuel and power than is reasonable in the circumstances.”

The current version (and the previous 2005 interim version) of ‘Approved Document L: Conservation of fuel and power’ is split into four parts:

   Approved Document L1A: Conservation of fuel and power (New dwellings) (2006 edition)
   Approved Document L1B: Conservation of fuel and power (Existing dwellings) (2006 edition)
   Approved Document L2A: Conservation of fuel and power (New buildings other than dwellings) (2006 edition)

For more information please telephone Philip Graham on 0151 691 1170 or email phil@paliltd.com