Angry critics call for ill-starred Hips to be scrapped altogether

Peter Bolton King, chief executive of the National Association of Estate Agents (NAEA), says: 'It's pathetic. I just don't understand where the government is coming from. If the Hip were an animal, you would have put it out of its misery by now.' The NAEA would like to see EPCs launched separately for all homes that go on sale (not just those with four or more bedrooms), and the rest of the Hip scrapped completely.

Paul Marsh, deputy vice president of the Law Society, says: 'How could Yvette Cooper [the housing minister esponsible for Hips] make such a mess of it? A delay until August is not enough. We need to get back to basics to sort this out.'

But while all seem to agree that a new scheme to reduce gazumping and failed deals is necessary, none agrees as to the best method. James Scott-Lee, chairman of RICS's residential sales and lettings group, favours the introduction of a scheme that compensates for the loss of fees if either the buyer or seller pulls out of a deal.

But the Law Society is already pushing the idea of its non-legally binding 'protocol' system, under which buyers and sellers agree that, for a four-week period, they will be completely open and forthcoming with each other should they encounter any problems, and provide any necessary information as quickly as possible.

The RICS will be holding a key stakeholder meeting, to which the DCLG has been invited, next week to discuss the issue. The DCLG was unable to confirm that it would be attending but a spokesman said: 'Ruth Kelly set out a practical implementation programme for HIPs and DPCs which will commence on August 1, starting with four-bedroom houses. Of course we're always happy to talk with key stakeholders to discuss implementation.'

Wasted opportunity

Fifty-seven year-old Owen Yelland from Bristol is one of the thousands of people who signed up to become a home inspector last year. Mr Yelland earns a basic salary from his employer, Allied Surveyors, but is relying on the commission from carrying out home energy efficiency assessments to earn a decent living.

Now that home information packs have been delayed - and, from August, are set to apply only to properties with four bedrooms or more, he stands to lose a lot. 'I'm faced with less work as I've heard that, with no legal definition of a four-bedroom house, estate agents may try to encourage vendors to sidestep Hips by marketing them as three bedrooms and a study,' he says. 'I started training last September, so I've invested a lot of time and money in this.'

According to last week's figures from the government, 2,500 people are currently training to be a 'domestic energy assessor' (DEA) - inspectors who are qualified to issue energy performance certificates but cannot carry out full property surveys. A further 3,200 have passed their exams and 1,500 have been partly accredited or have applied for accreditation. Yet only 520 have been fully accredited to date - a quarter of those needed to meet expected demand.

The companies training and accrediting energy assessors put the problem down to a lack of time - the government only approved the DEA qualification in January. The course itself takes four to six weeks, but trainees have to do 200 hours of study, five home energy assessments and an exam. They also have to undergo a basic criminal record check, which is causing some of the delays, and then must wait to be accredited by one of five authorising bodies.

Lisa Bachelor

Gazumping? Not overseas

How do other countries avoid the problem of gazumping (when vendors renege on their agreement to sell you a property at a certain price)?

As John Howell, senior partner at The International Law Partnership, explains below, other countries 'have chosen to give certainty to sale at the expense of creating potential problems for sellers'.

France

A contract is signed early on (typically within a few days of viewing a property). The contract commits the buyer and seller to going ahead but contains 'get-out' clauses, or conditions relating to the obtaining of finance or receipt of surveys. The conditions all benefit the buyer, not the seller. If sellers wish to exit the contract, they must go to court. Buyers can apply to have a sale forced through or seek compensation.

Turkey

A contract is also signed at an early stage (after viewing the property). Additionally, a buyer can pay to register a contract, which then gives the buyer the right to force the seller to go ahead with the deal.

US

Contracts are signed subject to contingencies (such as finance). The period during which a contract can be cancelled is shorter than in the UK, giving the parties a limited period of exposure to cancellation.

Spain

A contract is likely to be signed within four to six weeks of viewing the property, giving the buyer time to carry out investigations. At this point the contract is binding, giving the buyer the right to force a sale. A very similar system operates in Portugal.

Australia

Sellers' packs similar to Hips are mandatory in New South Wales.

Source: The International Law Partnership