A house which ‘thinks’ for itself, adapting the ambient temperature minute-by-minute, watering your plants while you are away, controlling access based on biometrics. That may seem like the stuff of science fiction or Grand Designs. However, many of us have already incorporated smart devices into our homes, from smart lights you control from your mobile phone to video doorbells.
‘As technology develops, fully or partially automated homes and buildings are becoming an option and more developers are building homes which incorporate modern technology,’ says Kiran Solanki Solicitor at Crane and Walton Solicitors LLP.‘However it is not as simple as agreeing to keep the washing machine, as buying a smart home also involves the transfer of hardware and software and related privacy issues. So, it is important to choose a solicitor who fully understands them.’
Here he answers some of your questions.
What is a smart home?
In a ‘smart’ home the appliances can be controlled remotely or automatically, generally through the internet by using a smart phone or tablet. Systems may be hardwired or wireless, the devices usually connecting through a hub. Depending on the level of sophistication, they may even communicate with each other. For example, a motion sensor may tell a light to turn on when someone enters the room, a weather station monitors rainfall and tells an automated irrigation system when to water the garden.
However, the term ‘smart home’ covers a wide range of possibilities. On the one hand, an owner may incorporate some off-the-shelf products, such as LED smart lights or a video doorbell. On the other hand, a high-end property may benefit from an entire bespoke automation system, featuring integrated lighting, climate control, entertainment systems, and security.
Why have a smart home?
Many people appreciate the ability to manage items remotely. A smart thermostat can let you turn the heating on before you arrive home. In ‘holiday mode’ your smart system will automatically switch the heating on when the temperature dips, protecting your pipes from frost damage – even when you are away.
Smart devices can help save you money and manage your home more efficiently. For example, smart radiator valves can reduce your heating bills by between 10 and 20 per cent. Others like the security and convenience these technologies can offer. For example, you can programme your garage door to open when you approach, or to alert you when someone tries to gain unauthorised access.
With a professional platform, you can personalise your system to respond to your individual needs and preferences. Not surprisingly, a recent survey revealed many homebuyers are prepared to pay a premium for a smart home.
Are there any disadvantages to a smart home?
While providers try hard to make their products as simple and intuitive as possible, some devices work better than others – as demonstrated with the roll out of smart meters for gas and electric.
While you may be confident with technology, is everyone in the household going to be as comfortable? Before committing yourself, make some practical enquiries. Check how easy it is to override the system manually. Most (but not all) systems rely on the internet to work. You should also know what to do if there is a service interruption. This is particularly important with security features; nobody wants to find themselves locked out of their home.
Is the company that installed and services the system still in business? Who will you be able to call if you do have a problem, and what response time is likely?
Some devices may also leave you vulnerable to malware or hackers, who may harvest your personal data. So, it is important to manage these risks. Only use reputable suppliers, regularly update your devices, and ensure your network is secure and password protected.
How can my conveyancer help if I am buying a smart home?
Smart homes are a relatively new concept, and the conveyancing process has yet to catch up. The standard Property Information Form, which the seller completes as part of the conveyancing process, for example, does not refer specifically to smart devices. Similarly, the standard fixtures and fittings form does not expressly cover things like smart thermometers or security systems.
If you are buying a smart home, or expect certain devices to pass on sale, tell your solicitor. They can then ensure the documentation reflects this and avoid any confusion over what should happen on completion.
Some systems may also benefit from a guarantee or warranty and, where possible, the seller should transfer these to you on completion. Depending on the individual circumstances, your solicitor may also suggest an amendment to the contract to ensure the seller takes any action necessary for the devices to work as intended following your purchase. Being clear about what needs to be done before completion, and setting out who should do it, will ensure a smooth transition. You can then focus on enjoying your new home.
What should I look out for when buying a smart home?
When buying a home with smart features, you should always clarify with the seller what is staying and what they are taking with them. Some items, such as smart thermostats and security cameras, are usually fixed to the wall and it is usual for them to remain. However it is worth checking, as occasionally sellers remove them or substitute them with a basic generic version. Listing each included device, in writing, can avoid misunderstandings later.
You should also discuss how transferring them will work in practice. This will usually involve the seller resetting their devices, clearing any data and reverting to the default password. After your purchase, you can then reset the password and take over the account. Sometimes you may need to take additional action. For example, if your new home has a Hive heating system, you may need to purchase a new hub.
If you are buying a fully automated home, you should try to find out as much as you can about the original installation, the platform, how it currently functions, and how to transfer the account. Ideally, the platform should manage all the individual devices, creating a fully integrated system. However, it is important to check its current functionality, and that you have all the components necessary for a successful transfer, including the cost of any subscriptions. It is not unheard of for a new owner to encounter ‘ghost’ devices, which continue to operate according to the parameters set by their old owners.
Whether you are buying a conventional home with a smart heating system, or a fully automated architect-designed new build, clarifying the arrangements should ensure there are no nasty surprises when you move in.
How we can help
If you are buying a smart home, you need a solicitor who understands the issues involved and who will give your purchase their close individual attention.
For further information and assistance, please contact Crane and Walton Solicitors LLP in Coalville on 01530 834466. Crane and Walton LLP also has offices in Ashby, Leicester and Melbourne.
This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.
