Over 300 home inspectors have joined together in the Home Inspectors Organisation (HIO) to get financial reimbursement for what they see as a waste of their time and money in training to be home inspectors.
They are now looking to launch a Judicial Review by the 18 October deadline and are confident they can succeed in getting compensation.
Jim Gillespie, founder of the HIO, said: “HIPs are now stone-dead as no one will want to pay £400 for something that isn’t mandatory and will point out any flaws in their home. The 2004 Housing Act was a piece of primary legislation which can only be amended through specific channels which Housing Minister, Yvette Cooper, did not go through.”
HIO said it had widespread support from across the political spectrum, with MPs referring the decision to the Parliamentary Ombudsman.
A legal team has been appointed to fight the HIO’s cause and a fighting fund has been created to pay for the challenge, with members putting their own money in.
However, Eddie Goldsmith, senior partner at Goldsmith Williams, believed the group would struggle to present a strong legal argument in court and said it was more of a moral issue.
“The 2004 Act allows regulation to be made by the government and it has made the decisions on HIPs as regulation under the Act of Parliament. They will claim there is no future for HIPs but the government will argue the initiative has a rosy future and home inspectors will also be able to do the Energy Performance Certificates (EPCs).
“If the home inspectors feel they have been led up the garden path, they can claim, but any claim of this kind would be on more on moral than legal grounds.”
