Inside Money: Home is Where the Hip Is Presenter: Lesley Curwen Listener: Niall Connolly Producer: Jennifer Clarke Tx: Saturday 22rd July 2006 1204 Rpt: Monday 24th July 2006 1502 THIS IS A TRANSCRIPT OF THE LONGER REPEATED VERSION CURWEN: Hello. Welcome to a very unusual edition of Inside Money. It’s all about the Home Information Pack or HIP, the government’s big new idea to reform the housing market. The programme you’re about to hear was recorded three weeks ago. But on Tuesday the government unexpectedly announced that a key part of its proposals would not go ahead as planned. I’ll tell you more about that AFTER you’ve heard our original programme. Here it is. Meet Radio Four listener Niall Connolly. CONNOLLY: Monty, come on, this way. He’s a Scottish-born photographer living in Somerset, with a long-term fascination with property. CONNOLLY: This is probably the best view of the house. The extension that we've built is over on the left and then the two thirds… CURWEN: Niall is, in fact, no stranger to Inside Money. After being both gazumped and gazundered – having made agreements in good faith to buy or sell, only to have the other party go back on their word – he took part in one of our programmes back in 1997, to see how the whole process could be made less precarious. And he got the chance to ask then-minister Geoff Hoon what the brand-new Labour government would be doing about it. CONNOLLY: Well Mr Hoon, do you think that the system in England and Wales needs overhaul? HOON: The new government is very concerned that the problems of gazumping and the problems of gazundering need urgent attention, and we are now about as a governmentt, to put into action proposals to investigate the extent of the problem. CURWEN: Well that was nearly a decade ago. What the government has decided to do next year in response to those widely-acknowledged problems - is to bring in a Home Information Pack, or a HIP for short. The idea is that even if one sale falls through, key details about the house’s condition will be available in the pack for the next buyer, saving them time and money. It sounds logical - but this measure is a political hot potato; the Conservatives say they would scrap it and other critics argue HIPs will be expensive and confusing. Who better than Niall Connolly to join us again, to find out whether the packs will be effective – and whether they will answer his original concerns? CONNOLLY: I’ve been gazumped and gazundered and I know that there are problems in the house-buying market place. I hoped that the new Labour government of the time would try and bring to the house-transaction market place in England and Wales some degree of certainty which would remove the ability of either party to make and then break an agreement. What I’d like to find out now is what improvements will the Home Information Pack actually make in reality? CURWEN: First step – was getting some basic facts about Home Information Packs. The idea is to make life easier for the buyer by lining up everything you need to know about the property in one folder. Already trial packs have been offered on a voluntary basis, ahead of more formal dry runs this autumn. So we were able to take a look at one, which is being piloted by a trade body AHIPP, the Association of Home Information Pack Providers. Niall and I met its deputy director Paul Broadhead. CONNOLLY: I’ve never seen a Home Information Pack. You have one here. Could you walk me through it? BROADHEAD: Certainly Niall. The Home Information Pack’s there to increase transparency in the process, to make it more cost-effective and to make it less stressful essentially. As you can see it’s quite a glossy brochure. It looks like essentially a catalogue of the information you need to decide whether or not to proceed with the purchase. So it talks us through the sales statement; fixtures and fittings forms; evidence of title from the Land Registry so that you know the person you’re buying the property off has the right to sell it; all of the required searches of the property that you would get under the current system; a report on the home condition so that you know the condition of the property. And that also incorporates an energy-efficiency report. And what that details is how energy efficient is the property, how much in essence does it cost to run. CONNOLLY: I didn’t hear you say anything about a valuation. BROADHEAD: That’s right. The valuation isn’t in the pack. The reason for that essentially is because of the shelf life. If you think about it in a buoyant market within two or three months’ time, the valuation can change greatly. So this is purely an objective report on condition. CONNOLLY: What is it likely to cost the vendor? How will they find a Home Information Pack Provider for a start? BROADHEAD: For an average house, a three-bedroomed semi in a provincial town, we think in the region of £750. We think what will happen is that you will pay the £750, not up front, but on completion of the sale, so no initial outlay. To commission a Home Information Pack. Initially it’s likely to come through an estate agent or your solicitor or your lender or whoever you normally go to at that first point in the process. CONNOLLY: We all know that property sales don’t happen in two weeks. They can take an extended period of time. How long will the vendor be able to depend on this document? BROADHEAD: The elements of the pack, the Home Condition Report, the searches etc. must be no more than three months old at the point that the property is marketed. The only two items you’re really talking about going out of date are the searches and the Home Condition Report. Currently these are accepted for around six months. CONNOLLY: Now the Home Information Pack is quite extensive. I’m quite amazed at the amount of information that’s gathered together here. How do you think this document is going to address issues like gazumping, gazundering, failure to complete etc? BROADHEAD: The Home Information Pack will not solve gazumping per se. It doesn’t make people more committed sort of financially to the process or penalise them if they drop out. But what is does is actually provide all of the information for you as a vendor or as a purchaser to enable you to make an informed decision. I don’t see this Home Information Pack being the be-all and end-all of home buying and selling reform at all CURWEN: That was something of a surprise – that Paul Broadhead, a cheer-leader for HIPs, conceded they’re only a starting-point for reform. Even so, they will change the way we sell and buy our homes, and the key innovation is the Home Condition Report which is really a new kind of survey. At the moment a very basic valuation survey is done when the buyer of the property wants a mortgage, because their mortgage lender needs to get the house valued. A quarter of buyers then choose to pay extra for a more detailed inspection known as a Homebuyers survey. But from next June, it’s the seller who’s responsible for the physical inspection, as part of the HIP. That means there’ll be a whole new army of property inspectors needed – around five thousand of them are being recruited and trained to pass a brand- new qualification. We went to Watford, home of training group BRE, a building consultancy and centre of excellence. BRE’s Chris Broadbent gave Niall a quick tour of the site BROADBENT: It was built as a state of the art environmental building. And so those chimneys you see on the top just allow natural circulation of air through the building CONNOLLY: So the hot air rises up the chimneys and ventilates BROADBENT: So rather than forcing it round with chillers using loads of energy…. CURWEN: He is the director of BRE’s Home Inspector business, one of many training centres teaching the new inspectors. CONNOLLY: Who are the candidates who are coming forward to become home condition inspectors? BROADBENT We’ve got two types of candidates. Initially, there are experienced practitioners who have a background in construction industry. They may need some additional training just to supplement their background. We also have separately what we call a “new entrants programme” and these are people who are looking to change career. But that programme takes much longer, it takes them 12 to 18 months, rather than 3 or 4 months as would be the case for an experienced person. CONNOLLY: Will there be enough people available when the programme is officially launched in June of next year? BROADBENT: We think so. It’s looking good so far. There are about 4,400 currently in training, but all the time there are more people coming forward, so there’ll be a constant throughput in addition to that. CONNOLLY: How will this new breed of surveyor compare to those already existing? BROADBENT: They’ll be different. The home inspectors will be trained to deliver a very prescriptive and very particular report on the condition of a house, whereas a chartered surveyor would have over the years developed much wider based skills than that, be able to deal with more widely ranging building problems which the home inspector wouldn’t have had the requisite training for. CONNOLLY: Who would a buyer or seller seek redress from if they felt that something had gone wrong because of a report? BROADBENT: There will be the home inspector certification scheme which is becoming established at the moment. And that will be a scheme which licenses home inspectors, monitors their work to make sure they’re delivering to the right standard, and also then registers their reports with the database from which the pack providers would take them. CONNOLLY: Is there just going to be the one certification scheme for all home inspectors? BROADBENT: No, there’ll be a number of certification schemes all operating to a set of standards that are being prepared by government. I believe there are seven different bodies considering it although none have come forward to formalise their application yet. CURWEN: So let’s get this right. We’d have seven different accreditation bodies in charge but none of them have actually been set up yet? BROADBENT: They’re in the process of being set up and would be ready in time. CURWEN: But it’s less than a year to go, the clock’s ticking. BROADBENT: Yes it is, yea. CURWEN: By now, Niall was feeling perplexed. CONNOLLY: All I can understand is we’ve got a new breed of people who aren’t really surveyors doing things that aren’t really surveys, and they’re regulated by I’m not really sure who, frankly CURWEN: Clearly regulation was an issue. If a Home Condition Report proves to be wrong or misleading, what then? Imagine that the new owner of a house finds a damp problem which was never picked up in the report; who will be held responsible and who will provide compensation? Our listener Niall was trying to piece together the jigsaw in his own mind. To be honest, it’s a messy picture and the potential for confusion is at the heart of many concerns voiced about HIPs, even from one of the scheme’s most enthusiastic backers - the consumer watchdog, Which?. I took Niall Connolly to meet Emma Harrison at Which?. CONNOLLY: I’ve been told that there could be as many as seven licensing bodies. That seems a tremendously complicated structure to put in place? HARRISON: These certification schemes are all about generating competition in the market. But our biggest priority at Which? is making sure that if you if you have a problem with a home inspector, you don’t have to ring up seven different people to get redress. There’s a one-stop shop, and we’ve told the government there’s no negotiation on that. CURWEN: But surely what you want is a statutory independent government-backed system like an Ombudsman Scheme? HARRISON: Absolutely. That’s been our 100%.... CURWEN: Is that going to happen by June next year? HARRISON: No, unfortunately there will not be an independent statutory regulatory body set up by next year. CONNOLLY: Doesn’t that worry you? HARRISON: We’ve been talking about redress for six years in this area. We have asked the government to introduce Home Information Packs with a statutory redress scheme underpinning it and yes, it’s too little, too late, that they’ve now said they will do it but not in time for June 2007.But we firmly believe that the industry will deliver a solution which will work because we firmly believe Home Information Packs will benefit all consumers and that is good for business too. CONNOLLY: I’m heartened by Which?’s clear, positive view of the HIP scheme, but I just think it’s tinkering at the edges, and it’s certainly not going to require house sellers and buyers to be as good as their word. HARRISON: HIPs will go a long way to giving you the right information as a buyer to make the decisions if you really want that property. And that ultimately is a really good thing for both seller and buyer, I think, but it’s not the panacea, it doesn’t solve all the problems.This is just a first stage as far as Which? is concerned. CURWEN: Despite admitting more needs to be done, Which? has been very supportive of the HIPS project. Property professionals, on the other hand, have been less enthusiastic. Surveyors, lawyers and estate agents have all voiced concerns but in some cases, pragmatism has won the day. Many former opponents are now preparing to provide HIPS. But there are difficult issues. Solicitors, for example, still have a duty to their clients to check information, especially if it doesn’t come from another solicitor. Niall wondered whether they might end up repeating some of the legal work in packs. So we went to see Kevin Martin the president of the solicitors’ professional body, the Law Society. Niall asked him – how far will lawyers trust the information in a HIP? MARTIN: It’s very difficult to forecast precisely how people are going to react. I believe that there will be a natural comparative reluctance on the part of solicitors to deal with packs prepared by other people. There will be some aspects of the pack where most solicitors will accept most of the information that’s provided, but there are going to be some difficult areas, local searches, for instance - and this applies whoever they’re provided by - they have a shelf life. And if a local search goes out of date it’s got to be done again. CONNOLLY: So clearly there is a possibility that information is going to have to be refreshed? MARTIN: Yes. Searches are one and the Home Condition Report is another, that what it says about a property today, may not be applicable in three or six months’ time. So again, duplication. CURWEN: Is there any hope do you think that actually the costs of the buyer, the legal costs of the buyer will be reduced because of Home Information Packs? MARTIN: I think that’s unrealistic. Essentially I think the same amount of work broadly will have to be done, as has been done in the past. The fact that a lot of the information is being provided at the same time without having to ask questions about it, is offset by the need to make sure that everything is legitimate, it does come from a proper source, that the Home Information Pack is a good and reliable one and that the information is not out of date. CURWEN: Because the buyer’s solicitor has a duty to make sure that they are protecting their client. MARTIN: Yes, absolutely CONNOLLY: Will the Home Information Pack deliver any greater certainty in the buying market? MARTIN: It has the potential to produce certain benefits, so that the seller is going to have to be much more informative and frank at a much earlier stage. We thought that during the course of the legislation it was right to oppose it because we didn’t believe that it was addressing other factors that affect the home buying process. I’m if I may say so, a very experienced conveyancer and people drop out of property transactions for a whole range of reasons that you could think about and quite a few that you couldn’t even imagine. It’s money, it’s the chain and it’s human nature. Now human nature you can’t do anything about but I think it’s regrettable that the first two were not addressed. CURWEN: The Law Society interview did nothing to cheer Niall. CONNOLLY: Everybody that we’ve spoken to has their own view of the shortcomings of the HIPS programme and these are really experienced people who know the thing back to front. It’s perfectly clear that this project is incredibly complicated, ill-thought out and is being rushed. CURWEN: And there’s a risk of another form of duplication too, involving mortgage lenders. Remember Paul Broadhead had told us the packs will not contain a valuation of a house or flat. But the mortgage lender still needs to get the place valued before it’s willing to lend money, and it’s the buyer who pays for that survey. The government’s theory is - all that will become old hat. It reckons that lenders will be able to view the Home Condition Report on a central computer database to help calculate a value. It sounds great – will it happen? We took Niall to the Council of Mortgage Lenders to see its director general, Michael Coogan. CONNOLLY: How are the lenders going to use the HIP when it is launched? COOGAN: Well one of the difficulties is that we don’t yet know. Lenders are looking at it very carefully, but the HIP will not include a valuation, and we don’t yet know the extent to which there will still need to be physical inspections of many properties, some properties or very few properties. The government hopes more lenders will use automated valuation models, computer systems with house price details so that you don’t need to go to a property and visit which costs more money. But for many properties which are higher risk for lenders we expect the physical inspections will still be needed and customers will be expected to pay for them. So our view at the moment is it’s likely that costs will go up. CURWEN: Hang on a minute – the government’s idea is that what we spend on moving house will fall as a result of HIPs, but Michael Coogan reckons costs will go up. There was another issue too, about those computer databanks where information will be stored. CONNOLLY: You touched on Automated Valuation Process. As I understand it, the Home Condition Report is going to be lodged in some central database and lenders are going to have to get access to that. Are the systems in place to make that possible? COOGAN: At the moment no one yet has built the systems and one of the problems is it’s a very tight timeframe to have IT systems which links every lender through the portal, the database, to collect that information about Home Condition Reports. We don’t yet know whether lenders will want to invest in that system because at the moment they don’t yet know how much work they will need to do separate from the HCR, how many physical inspections they will need in any event, and therefore if they’re not going to use the Home Condition Report in the majority of their cases, it may not be worth investing for electronic links CURWEN: So some lenders may in fact decide not to link up to the database because it’s not worth their while? COOGAN: Well they have to take a view from the point of view of their business, are the cost of investment in the systems worth the benefits they may get?. And at this stage, there isn’t going to be a blanket approach by lenders because we just simply don’t have enough information about HIPs to know how it will work. CONNOLLY: I don’t get the picture that you’re wildly confident about this project. COOGAN: The CML’s perspective has always been to try and help the government deliver a policy it’s had for 9 years so far. They have created a process which involves inspectors’ certification, which requires compensation schemes and they’ve got behind that a database of Home Condition Reports. It is a significant structure that they’re putting in place. None of it has been built yet, so we don’t yet know whether it will work. What we do know is there is a risk that there aren’t enough inspectors, there’s a risk that the database won’t be accessed by lenders, it won’t necessarily speed up the process, and we do know it won’t necessarily reduce aborted transactions. There is an awful lot still to be found out, and the timeframe is ticking away. CURWEN: Right from the start, our listener Niall had been worrying about whether HIPs would address his central concern – how to make buyers and sellers more likely to stick to an agreement. But along the way, he had heard substantial concerns voiced about something more basic - the practical implementation of HIPs. Nine years after his last interview with a minister, Niall re-traced his steps to Westminster to talk to the current Housing minister Yvette Cooper. There was a lot of ground to cover – and he started with whether the packs will, as intended, cut out duplication in house-buying. CONNOLLY: Lenders say that there will still have to be a separate valuation survey; the Law Society has said that its members may not be able to rely on the contents of the HIP and they may have to do all of the work again. That sounds like a bit of duplication still in the system. COOPER: Well I think you’ve got quite a lot of vested interests at the moment, whether it’s through mortgage companies, whether it’s through lawyers and conveyancers wanting to defend their current system and also wanting to maintain their role in the process and claim that they’re going to have to do additional work and so on. But I just think the reality is you will have a Home Condition Report that you can legally rely on. CURWEN: In fact the Law Society said to us that they don’t think that conveyancing will become any cheaper for buyers. So once again, if there’s still going to be a valuation survey in most cases, where are the savings? COOPER: Well you’re right that you do have, as I said, a lot of vested saying that, you know, they still want you to pay loads of money for their services. But actually if their services are not going to be needed because some of these searches and things have been done as part of the Home Information Pack, then I think this is going to fundamentally change the way in which all of the existing organisations operate in the house buying and selling process. CURWEN: The minister staunchly rejected concerns about duplication. Would she be as bullish when Niall tackled her over the complaints system for Home Condition Reports? CONNOLLY: Having heard the new structure that you’ve set up explained to me, I see it as being hugely complicated and the issue of redress is not at all straightforward. COOPER: I do agree with you that we do need to do more to simplify the redress process. That’s going to need additional legislation and we are working on that at the moment. But I think we can make substantial progress and you know give people redress in a way that they’ve not had it before as a result of bringing this in. CURWEN: Will there be a single point of contact for those maybe up to seven accreditation bodies that will be involved? Will there be the equivalent of an independent Ombudsman? COOPER: Well that’s what we want to look at as part of the new legislation. Now we need to get the certification schemes up and running first. We don’t know yet how many there are going to be. What we want to do is as part of the dry run in the autumn, really look in some detail about how you make sure this is consumer friendly, how you make sure it’s simple for people if things go wrong, they’ve got follow-up and they know where to find it and how to do it. We are sympathetic to the need for further legislation here but you know we need to go one step at a time and get the system up and running. CURWEN: Why not wait until that legislation is in place before you launch HIPs? COOPER: Because I think you would then miss out on a huge opportunity to start improving services for consumers and you can’t make the perfect the enemy of the good CURWEN: Given the number of outstanding issues, is this going to go ahead next June? COOPER: Well we set out the 1st of June as the implementation date and we think that all of the bits and pieces should be in place by then. Of course we’ve got to have proper trials before that and so we’ve got to make sure we learn the lessons for that. But I think we need to get on with this. CURWEN So according to Yvette Cooper, the practical problems could and would be solved. But what about Niall’s abiding concern which much more fundamental. It was about introducing more certainty, by getting buyers and sellers to stick to their agreements. Niall put that to the Minister. CONNOLLY: No-one has been able to look me in the eye and say that the market will be any more certain after the introduction of HIPs than it is today. Property sales are still going to fall through because of basic fundamental instability and lack of commitment in the market. Gazumping, gazundering, people walking away from deals because they’re simply not committed and there’s nothing in the HIP that will deal with that COOPER: Well we think the first step is to actually introduce HIPs and to make sure that people have full information because this is a classic case of people doing a deal without information and that can cause all sorts of problems, whether it’s about homes, whether it’s about cars, whatever it is, not having the information is critical. That I think is the opportunity for HIPs. Yeah we’re going to have to go further after that, but that’s what the discussions about the further legislation are about. CURWEN: And that’s where this programme should have ended. But then on Tuesday, came the government’s surprising announcement. Despite those assurances the Minister gave Niall three weeks ago, the government has now decided it is no longer working towards what it calls a “big bang launch” because of “risks to consumers”. So although HIPs will still be introduced next June, and will have to contain the searches and the new energy efficiency reports, the heart of the HIP, the Home Condition Report, will not be there. The cornerstone of the new policy – the part which required the training of thousands of new inspectors, a brand new regulatory framework, and a new IT infrastructure to allow lenders access to the information – will not now be mandatory. And the government can’t currently say when – or even if – it ever will be. What prompted the change of policy? On the day of the announcement, Housing Minister Yvette Cooper spoke to Eddie Mair on Radio 4’s PM programme MAIR: As you’ll know you spoke to Lesley Curwen just a couple of weeks ago. She put to you the concerns that the mortgage lenders might not be set up with any IT systems. You brushed those aside as vested interests. You did the same when the lawyers’ problems were put to you. And now suddenly an about turn. COOPER: Well we do think there have been a lot of vested interests throughout this, of people who simply don’t want change and we have got to make sure that we have changes that are in the interests of consumers. But you know we have been looking in some detail at the progress of the automated valuation models, that’s the technology that the lenders want to use We’ve also been having a series of consultation meetings and discussions. I’ve personally talked to some of the main HIP providers, the people intending to provide Home Information Packs, and some of the main lenders myself within the last two weeks to catch up on where they are. And it’s as a result of listening to various people who are going to be involved in delivering this, that we think that we need to phase the introduction in order to benefit consumers. CURWEN: What did our listener Niall Connolly make of it all? He went into his local studio to give us his reaction CONNOLLY: When I look back to the interview we did with the Minister three weeks ago she defended absolutely robustly and with great commitment the HIPs project. And I am completely baffled to face a situation now where three weeks later they’ve entirely eviscerated the project. I’d love to think that meeting with the Minister and discussing the wide range of uncertainties and concerns about HIPs had been influential in causing her to look more closely at the whole package. But I feel terribly let down because I was looking to the government to do something real and meaningful. I wasn’t particularly convinced by what they were proposing, but they at least did seem committed to doing it. Now they’re not even doing that. And the elephant that was in the room in 1997 - the issue of uncertainty - remains unaddressed, and I’m left wondering what have we got for our 9 years of waiting? Precious little. 1