The HIP regulations do a address concerns relating to the duty to update the sustainability information in the HIP for new build homes that are not physically complete at the first point of marketing, but which become physically complete while still on the market.
HIP Regulation 22A(1)
This provides that, in New Build cases, the HIP must be updated to replace the interim sustainability certificate with a sustainability certificate if an assessment under the Code has taken place or a nil-rated certificate if not.
HIP Regulation 22A(2)(a)
This provides that the sustainability certificate must be included within 21 days of the date of the post-construction assessment of the property and further provides that a nil-rated certificate should be included within the 7 day period following the end of construction.
The developer may replace a nil-rated certificate with either a sustainability certificate (where the property finished) or an interim suitability certificate (where the property is not finished) at any time.