The Home Information Pack Regulations 2006

• Citation: S.I. 2006/1503
• Sections: 128

Section 1 Citation and commencement

(1) These Regulations may be cited as the Home Information Pack Regulations 2006.

(2) These Regulations shall come into force for the purposes of Part 7 on 6th July 2006 and for all other purposes on 1st June 2007.

Section 2 Interpretation – general provisions

(1) In these Regulations—

“the 2004 Act ” means the Housing Act 2004;

“appropriate local land charges register” means the register described in section 4 of the Local Land Charges Act 1975 ;

“approved certification scheme” means a certification scheme approved by the Secretary of State under regulation 33 of these Regulations and from which such approval has not been withdrawn under regulation 35;

“the Chief Land Registrar” means the person appointed by the Lord Chancellor under section 99(3) of the Land Registration Act 2002 ;

“conservation area consent” means the consent described in section 74(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 ;

“developer” means a person who has built, converted, or is building or converting the property;

“edited information document” means, where the Chief Land Registrar has designated a document an exempt information document, the edited copy of that document lodged under rule 136(2)(b) or 138(4) of the Land Registration Rules 2003 ;

“energy performance certificate” means the certificate required by Council Directive 2002/91/ EC whose form and content complies with any enactment which implements that Directive;

“exempt information document” means the original and copies of a document so designated under rule 136(3) of the Land Registration Rules 2003;

“first point of marketing” must be construed in accordance with regulation 3;

“home information pack” in relation to a property, means—

where a duty arises under section 155(1) of the 2004 Act, the home information pack intended by the responsible person to be the one required by that subsection; and

where a duty arises under section 159(2) of that Act, the home information pack intended by the person to whom that section applies to be the one required by that subsection;

“home information pack index” means the document required by regulation 8(a);

“home inspector” means a person who is a member of an approved certification scheme;

“individual register” means the register so named in rule 2 of the Land Registration Rules 2003, the contents and arrangement of which are described in rules 3 and 4 of those Rules;

“lease” means a long lease except in regulation 8(g), regulation 23(b)(i), paragraph 3(l) of Schedule 3 and paragraph 3(a) of Schedule 4 ;

“listed building consent” means a consent under section 8(1), (2) or (3) of the Planning (Listed Buildings and Conservation Areas) Act 1990 ;

“occupant” includes a potential occupant;

“pack document” means a document (or part of a document) required or authorised by these Regulations to be included in the home information pack;

“planning permission” means a permission (granted or deemed to be granted) under Part 3 of the Town and Country Planning Act 1990 ;

“premises” includes buildings and land;

“property” means the residential property in respect of which a duty arises under section 155(1) or 159(2) of the 2004 Act ;

“property interest” means the freehold interest (including a freehold estate in commonhold land) or the leasehold interest in the property that the seller is proposing to sell ;

“records” includes documents, registers, files and archives, kept in any form;

“register of title” means the register kept by the Chief Land Registrar pursuant to section 1 of the Land Registration Act 2002;

“registered estate” means a legal estate the title to which is entered in the register of title, other than a charge the title to which is entered in that register;

“sale”, includes the potential sale of a property interest ;

“sale statement” means the document required by regulation 8(b);

“search” means an inspection or investigation (whether manual or electronic) of records;

“service charge” has the same meaning as in section 18 of the Landlord and Tenant Act 1985 ; and

“title plan” means the plan so named in rule 5(a) of the Land Registration Rules 2003.

(2) In these Regulations, any expression relating to commonhold land must be construed in accordance with—

(a) Part 1 of the Commonhold and Leasehold Reform Act 2002 if it is also used in that Act; or

(b) the Commonhold Regulations 2004 where those Regulations further define or elaborate upon an expression used in Part 1 of that Act,

and in relation to commonhold land, references to common parts are to those that relate to the property and the commonhold of which the property forms part.

(3) For the purposes of these Regulations—

(a) the property is physically complete if its building or its conversion for residential purposes has been completed; and

(b) where a question arises as to whether the property is physically complete, it must be considered physically complete if it—

(i) is wind and weather proof;

(ii) is safe and sanitary in relation to its occupants or visitors;

(iii) has facilities for the supply of space heating, hot and cold water and electricity; and

(iv) has washing and drainage facilities.

(4) In these Regulations, references to the amendment or revision of a document include its modification or variation.

(5) In these Regulations, references to a number of days or months are to a consecutive period of such days or months.

Section 3 Interpretation – first point of marketing

(1) Subject to the provisions specified in paragraph (2), a reference in these Regulations to the “first point of marketing” is to the first time a duty arises under section 155(1) or 159(2) of the 2004 Act in relation to the sale of the property interest.

(2) The provisions referred to in paragraph (1) are—

(a) regulations 15(3), 18(3) and 20(3); and

(b) the following paragraphs of this regulation.

(3) The first point of marketing remains the time identified in paragraph (1) where the property is taken off the market for 28 days or less before being put back on the market.

(4) Except in the circumstances described in paragraph (5), where the property is taken off the market for more than 28 days before being put back on the market—

(a) a further first point of marketing arises in relation to the sale; and

(b) that first point of marketing is the time at which it is put back on the market.

(5) The first point of marketing remains the time identified in paragraph (1) where the property—

(a) is taken off the market for any period of time because the seller accepts an offer to buy the property; and

(b) is then put back on the market within 28 days of that offer being withdrawn or its acceptance repudiated.

Section 4 Required, authorised and excluded documents

(1) Under these Regulations, a home information pack—

(a) must include—

(i) the documents required under regulation 8 (including that regulation as modified by regulation 10); and

(ii) the particular information so required to be included in a pack document; and

(b) may include—

(i) the documents authorised under regulation 9 (including that regulation as modified by regulation 10); or

(ii) the particular information so authorised to be included in a pack document.

(2) A home information must not include any other documents or information in a document.

(3) A copy of a home information pack, or of a pack document provided to a potential buyer pursuant to section 156(1) of the 2004 Act, must be separated and clearly distinguished by the responsible person from documents or information which are—

(a) provided to a potential buyer in close proximity to the pack or pack document; and

(b) neither required nor authorised by these Regulations to be included in the pack.

Section 5 The home information pack

(1) Except where an official copy of a document is required or authorised by these Regulations to be included in the home information pack, the pack must be composed of original documents or true copies of them .

(2) For the purposes of these Regulations, a copy of a document containing a map, plan or drawing—

(a) which is in the seller’s possession, under his control, or to which he has reasonable access; and

(b) in which colours are used to mark boundaries or other features,

is a true copy if those colours are reproduced with sufficient accuracy to enable them to be identified.

Section 6 Copies of a home information pack

The copies of a home information pack or pack document provided or produced under section 156 or 167 of the 2004 Act must be—

(a) true copies of the home information pack or pack document; or

(b) where a pack document is an official copy, a true copy of it or another official copy.

Section 7 Comprehension of documents

(1) Subject to paragraph (2), pack documents and true copies of documents made in accordance with regulation 6—

(a) must be legible; or

(b) in the case of maps, plans or drawings, must be clear.

(2) Paragraph (1) does not apply where, despite all reasonable efforts and enquiries by the responsible person—

(a) the only version of a pack document available is one which is illegible or unclear (either in whole or in part); and

(b) that document is to be included under any of the following provisions—

(i) regulation 8(d)(ii);

(ii) regulation 9(f);

(iii) regulation 8(e) or 9(g); or

(iv) regulation 8(f) or 9(h).

(3) Pack documents must be in—

(a) English, where the property is in England; or

(b) English, Welsh or a combination of English and Welsh, where the property is in Wales.

Section 8 Required pack documents

Subject to regulations 10, 11, 12 and Part 4, the home information pack must include the following—

(a) an index to the home information pack complying with Schedule 1 (the home information pack index);

(b) a document complying with Schedule 2 (the sale statement);

(c) if the property interest is or includes the whole or part of a registered estate—

(i) an official copy of the individual register relating to that estate; and

(ii) an official copy of the title plan relating to that estate;

(d) if the property interest is or includes the whole or part of an estate, the title to which is not entered in the register of title—

(i) a certificate of an official search of the index map issued under rule 145(4) of the Land Registration Rules 2003 in relation to the parcel of land to which the property interest relates; and

(ii) such other documents on which the seller can reasonably be expected to rely in order to deduce title to that estate for the purposes of its sale;

(e) if the property interest is or includes the whole or part of a freehold estate in commonhold land—

(i) the documents described in paragraph 1 of Schedule 3; and

(ii) documents consisting of or containing information about the matters described in paragraph 2 of that Schedule;

(f) if the property interest is or includes the whole or part of a leasehold interest—

(i) the documents described in paragraph 1 of Schedule 4; and

(ii) documents consisting of or containing information about the matters described in paragraph 2 of that Schedule;

(g) if the property interest is or includes the whole or part of an interest in dwelling-houses to which Part 5 of the 2004 Act applies by virtue of section 171(2) of that Act, such leases or licences—

(i) to which the dwelling-houses are subject or are expected to be subject at the time of, or following completion of the sale of the property interest ; and

(ii) as have not been included in the pack under paragraph (f) of this regulation;

(h) if the property is physically complete on or before the first point of marketing, either or both of the following—

(i) a home condition report which complies with Schedule 5; or

(ii) the terms of a new homes warranty which has not commenced, which otherwise complies with Schedule 6 and to which the property is expected to be subject, together with the document described in paragraph 4 of that Schedule (cover note);

(i) a new homes warranty which complies with Schedule 6—

(i) where the property is the subject of such a warranty; and

(ii) it has not expired at the first point of marketing;

(j) such other home condition reports complying with Schedule 5 as have been completed in respect of the property within the 12 months preceding the first point of marketing;

(k) if the property is physically complete before the first point of marketing, the energy performance certificate for the property where—

(i) a home condition report complying with Schedule 5 is not included in the pack under paragraph (h)(i) or (j) of this regulation; or

(ii) such a certificate is obtained in addition to such a report which is so included and is dated later than such a report;

(l) if the property is not physically complete before the first point of marketing, a document complying with Schedule 7 (report on a home not physically complete);

(m) a search report which relates to the property and which records the results of a search of all parts of the appropriate local land charges register—

(i) in the form of an official search certificate, in the case of an official search made pursuant to section 9 of the Local Land Charges Act 1975 ; or

(ii) in any other form but which complies with Parts 1 and 2 of Schedule 8 in the case of a personal search made pursuant to section 8 of that Act ;

(n) a search report which—

(i) complies with Parts 1 and 2 of Schedule 8 and with Schedule 9; and

(ii) records the results of a search of records held by or derived from a local authority (local enquiries); and

(o) a search report which complies with Parts 1 and 2 of Schedule 8 and with Schedule 10 (drainage and water enquiries).

Section 9 Authorised pack documents

Subject to regulations 10, 11, 12 and Part 4, the home information pack may include documents consisting of or containing any of the following—

(a) an accurate translation in any language of any pack document;

(b) an additional version of any pack document in another format, such as Braille or large print;

(c) a summary or explanation of any pack document;

(d) information identifying the property including a description, photograph, map, plan or drawing of the property;

(e) information about a pack document, about information contained within a pack document or about the home information pack, relating to—

(i) its source or supply; or

(ii) complaints or redress procedures arising from it;

(f) if the property interest is or includes the whole or part of a registered estate, official copies of any documents referred to in the individual register, including any edited information documents derived from such exempt information documents as are referred to in the register ;

(g) if the property interest is or includes the whole or part of a freehold estate in commonhold land, information which—

(i) relates to one or more of the matters described in paragraph 3 of Schedule 3; and

(ii) would be of interest to potential buyers of the property interest;

(h) if the property interest is or includes the whole or part of a leasehold interest, information which—

(i) relates to one or more of the matters described in paragraph 3 of Schedule 4; and

(ii) would be of interest to potential buyers of the property interest;

(i) documentary evidence of such safety, building, repair or maintenance work as has been carried out in relation to the property since the date of any home condition report included in the pack under regulation 8(h)(i) or 8(j);

(j) any warranty, policy or guarantee for defects in the design, building, or completion of the property, or its conversion for residential purposes;

(k) one or more of the following search reports, which comply with Parts 1 and 3 of Schedule 8, which record the results of a search relating to the property and which relate to any of the following matters—

(i) information held by or derived from a local authority, and dealing with matters supplementary to those contained in the search reports required by regulation 8(m) or 8(n);

(ii) common land;

(iii) rights of access to, over or affecting the property interest;

(iv) ground stability, the effects of mining or extractions or the effects of natural subsidence;

(v) actual or potential environmental hazards, including the risks of flooding or contamination from radon gas or any other substance;

(vi) telecommunications services;

(vii) sewerage, drainage, water, gas or electrical services;

(viii) the potential or actual effects of transport services, including roads, waterways, trams and underground or over-ground railways; or

(ix) liabilities to repair or maintain buildings or land not within the property interest;

(l) where it would be of interest to potential buyers of the property interest, a document which—

(i) records the results of a search relating to other premises in the vicinity of the property; and

(ii) would otherwise be a report of the type required by regulation 8(m), 8(n) or 8(o) or authorised by paragraph (k) of this regulation, if references in those provisions and in Schedules 8, 9 and 10 to “property”, “land” and “land on which the property is or will be situated” were references to those other premises;

(m) any documents referred to in a search report included in the pack under regulation 8(m), 8(n), 8(o) (subject to paragraph 2(4)(b) of Schedule 10) or paragraphs (k) or (l) of this regulation; and

(n) information which—

(i) relates to one or more of the matters described in Schedule 11; and

(ii) would be of interest to potential buyers of the property interest.

Section 10 Creation of interests

(1) Subject to regulation 12 and Part 4, where the sale involves —

(a) the whole or part of a commonhold unit, which at the first point of marketing has not been registered by the Chief Land Registrar as a freehold estate in commonhold land; or

(b) a leasehold property interest, which at the first point of marketing has not yet been created,

regulations 8 and 9 apply as respects that freehold estate or leasehold interest, as modified by this regulation.

(2) Where paragraph (1)(a) applies—

(a) the sale statement must be completed as if the freehold estate had been registered by the Chief Land Registrar;

(b) regulations 8(c), 8(d) and 9(f) apply as if for “is or includes” in each paragraph, there were substituted “to be registered as a freehold estate in commonhold land arises from”;

(c) paragraphs 1 and 2 of Schedule 3 do not apply;

(d) regulation 9(g) and paragraph 3 of Schedule 3 must be construed by reference to the information expected to be relevant to the interest to be registered as a freehold estate in commonhold land; and

(e) the home information pack must include documents consisting of or containing information which relates to the matters described in paragraph 4 of Schedule 3.

(3) Where paragraph (1)(b) applies—

(a) the sale statement must be completed as if the leasehold interest had been created;

(b) regulations 8(c), 8(d) and 9(f) apply as if for “is or includes” in each paragraph, there were substituted “is to be created from”;

(c) paragraphs 1 and 2 of Schedule 4 do not apply;

(d) regulation 9(h) and paragraph 3 of Schedule 4 must be construed by reference to the information expected to be relevant to the interest to be created; and

(e) the home information pack must include documents consisting of or containing information which relates to the matters described in paragraph 4 of Schedule 4.

Section 11 Prohibitions relating to home condition reports

(1) A home condition report complying with Schedule 5 must not be included in the home information pack if it was not completed for the purposes of the sale by the seller of the property interest.

(2) No pack document may be described as a “home condition report” unless it complies with Schedule 5.

Section 12 Exclusion of advertising information

(1) Information advertising or marketing goods or services must not be included in a pack document—

(a) by a responsible person;

(b) at his request; or

(c) with his permission.

(2) In paragraph (1), “information advertising or marketing goods or services” does not include—

(a) trade names used to describe the materials used in the building of any premises;

(b) the information described in paragraph 1(h) of Schedule 8 (description of how relevant search documents can be obtained); or

(c) the information described in paragraphs 12, 19 and 20 of Schedule 10 (names of sewerage and water undertakers and those billing for sewerage and water services).

Section 13 Time at which pack documents are to be included

(1) Subject to regulations 15 and 17, the documents required by these Regulations to be included in the home information pack under regulation 8 (including that regulation as modified by regulation 10) must be included before the first point of marketing.

(2) The pack documents authorised by these Regulations to be included in the home information pack under regulation 9 (including that regulation as modified by regulation 10) may be included at any time.

Section 14 Age of pack documents when first included

(1) The following pack documents must be dated no earlier than three months preceding the first point of marketing—

(a) official copies included in the home information pack under regulation 8(c), 8(e) and 8(f); and

(b) a certificate of an official search of the index map included in the pack under regulation 8(d)(i).

(2) The pack documents included under regulation 8(h)(i), 8(m), 8(n) and 8(o), (home condition reports and search reports) must be completed no earlier than three months preceding the first point of marketing.

(3) All other pack documents—

(a) may be completed or dated earlier than three months preceding the first point of marketing; and

(b) with the exception of home condition reports included under regulation 8(j), must be such versions of the documents as can reasonably be assumed to be the most recent to the first point of marketing.

(4) Where—

(a) a pack document has been amended at any time before its inclusion in the home information pack; and

(b) the amendment is not incorporated in the document,

that amendment must be included in the pack.

Section 15 Required pack documents which are unavailable before the first point of marketing

(1) This regulation applies—

(a) where regulation 17 does not apply; and

(b) to the pack documents required to be included in the home information pack under any of paragraphs (d)(ii) to (o) of regulation 8, except paragraph (l) (report on a home not physically complete).

(2) If, despite all reasonable efforts and enquiries by the responsible person, a pack document to which this regulation applies cannot be obtained by him before the first point of marketing, but he believes on reasonable grounds that it is likely to become available afterwards—

(a) the home information pack complies with the requirements of these Regulations where—

(i) he continues to use all reasonable efforts to obtain the document; and

(ii) the first point of marketing occurs no earlier than the end of the period of 14 days starting with the day a request for the document is delivered; and

(b) the document must be included in the home information pack as soon as reasonably practicable.

(3) The time the document is included under paragraph (2)(b) becomes the first point of marketing for that document—

(a) for the purposes of any provision of these Regulations that requires the age or currency of a pack document to be determined by reference to a period preceding the first point of marketing; and

(b) until such time (if any) as a further first point of marketing arises in relation to the sale under regulation 3(4).

(4) In paragraph (2)(a)(ii)—

(a) the reference to a request is to a request properly addressed to a person who usually provides or is likely to provide such a document, and which is—

(i) made in such form;

(ii) contains all such information; and

(iii) includes such payment or an undertaking to make such payment,

as is usually necessary to obtain that document; and

(b) the reference to the day a request for a document is delivered shall be construed in accordance with regulation 16.

Section 16 Delivery of documents under regulation 15

(1) Subject to paragraphs (2) and (3), the day a request for the document is delivered is for the purposes of regulation 15(2)(a)(ii), depending on the method of delivery—

(a) the day the request is served personally on the intended recipient;

(b) the day it would be delivered to the intended recipient’s address in the ordinary course of post or (if sooner), the day on which it is proved to have been actually delivered;

(c) the day it is left at the intended recipient’s address;

(d) the second day after it is left at the document exchange of the person making the request or (if sooner), the day on which it is proved to have been actually delivered; or

(e) the day it is sent by fax or electronic communication to the intended recipient’s address or (if later), the day on which it is proved to have been actually delivered.

(2) Subject to paragraph (3), where a request for a document is delivered to the Chief Land Registrar, the day the request is delivered is for the purposes of regulation 15(2)(a)(ii), the day it is delivered in accordance with, or under, the Land Registration Act 2002 —

(a) personally;

(b) by post, and is the day it would be delivered to the Chief Land Registrar in the ordinary course of post or (if sooner), the day on which it is proved to have been actually delivered;

(c) by document exchange, and is the second day after it is left at the document exchange of the person making the request or (if sooner), the day on which it is proved to have been actually delivered;

(d) orally; or

(e) by telephone, fax or other electronic method.

(3) Where a request for a document—

(a) is made in parts, the day the request is delivered is the day the last part is delivered;

(b) is delivered more than once, the day the request is delivered is the first day on which a request is delivered; and

(c) is delivered using more than one method of delivery, the day the request is delivered is the first day on which a request is delivered.

(4) In paragraph (1)(a), a document is served personally—

(a) on an individual by leaving it with that individual;

(b) on a business by leaving it with an employee or owner of the business; and

(c) on any other body of persons corporate or unincorporate by leaving it with an employee or member of that body.

(5) References to a recipient’s address—

(a) in paragraphs (1)(b) and (c) are if the intended recipient is an individual—

(i) to his usual or last known residence; or

(ii) if his usual or last known residence is the property, to that address and an address (if any) at which it can reasonably be assumed he will be contacted;

(b) in paragraph (1)(b) and (c), are if the intended recipient is a business or other body, to any principal or last known place of business from which the document requested is usually or likely to be provided; and

(c) in paragraph (1)(e), is to any electronic address, identification or number published or provided by the intended recipient for the purposes of supplying the document requested.

Section 17 Required pack documents which are unobtainable

(1) The provisions of regulation 8 specified in paragraph (2) do not apply where, after making all reasonable efforts and enquiries, the responsible person believes on reasonable grounds that the document in question—

(a) no longer exists in any form; or

(b) cannot be obtained from or created by any person.

(2) The provisions of regulation 8 referred to in paragraph (1) are paragraphs (d)(ii), (e), (f), (g) or (i).

Section 18 Updating of required pack documents

(1) This regulation applies to any document included in a home information pack under regulation 8 (including that regulation as modified by regulation 10).

(2) Where the responsible person amends such a document or obtains or creates a further version of it, he must—

(a) include the amended document or the further version in the pack;

(b) amend accordingly such translations, additional versions, summaries or explanations as are included in the pack under regulation 9(a), 9(b) or 9(c) or include a further version of such translations, additional versions, summaries or explanations; and

(c) subject to paragraph (4), remove such documents as have been wholly superseded by a document included under sub-paragraphs (a) or (b).

(3) The time the responsible person amends a document or obtains or creates a further version of it under paragraph (2) becomes the first point of marketing for that document—

(a) for the purposes of any provision of these Regulations that requires the age or currency of a pack document to be determined by reference to a period preceding the first point of marketing; and

(b) until such time (if any) as a further first point of marketing arises in relation to the sale under regulation 3(4).

(4) Nothing in paragraph (2)(c) authorises a person to remove from a pack a home condition report complying with Schedule 5 (or any part of such a report), unless it has been included in contravention of regulation 11.

Section 19 Inclusion of home condition reports or energy performance certificates following physical completion

(1) If the property is not physically complete before the first point of marketing, and becomes so after that time, but before the sale is completed, the responsible person must include in the home information pack—

(a) either or both of the following—

(i) a home condition report which complies with Schedule 5; or

(ii) the terms of a new homes warranty which has not commenced, which otherwise complies with Schedule 6 and to which the property is expected to be subject, together with the document described in paragraph 4 of that Schedule (cover note); and

(b) the energy performance certificate for the property where—

(i) a home condition report complying with Schedule 5 is not included in the home information pack under paragraph (1)(a)(i); or

(ii) such a certificate is obtained in addition to such a report which is so included and is dated later than any such report.

(2) A document required to be included in the pack under paragraph (1)(a) or (b) must be so included within the period of 14 days starting with the day the property becomes physically complete.

(3) Where such documents are included, a document included in the pack under regulation 8(l) (report on a home not physically complete) must be removed.

Section 20 Updating of authorised pack documents

(1) This regulation applies to any document included in a home information pack under regulation 9 (including that regulation as modified by regulation 10).

(2) A responsible person may—

(a) include an amended document or further version in the pack; and

(b) subject to paragraph (4), remove such documents as have been wholly superseded by a document or version included under sub-paragraph (a).

(3) The time the responsible person includes the amended document or further version under paragraph (2)(a) becomes the first point of marketing for that document—

(a) for the purposes of any provision of these Regulations that requires the age or currency of a pack document to be determined by reference to a period preceding the first point of marketing; and

(b) until such time (if any) as a further first point of marketing arises in relation to the sale under regulation 3(4).

(4) Nothing in paragraph (2)(b) authorises a person to remove from a pack a home condition report complying with Schedule 5 (or any part of such a report), unless it has been included in contravention of regulation 11.

Section 21 Seller’s check of the home information pack

If he is not the seller, the responsible person must provide the seller with a copy of any of the pack documents which the seller has requested him to provide for the purposes of ensuring the accuracy of the home information pack.

Section 22 Meaning of “non-residential premises”

(1) In this Part “non-residential premises” includes—

(a) premises where the most recent use of the premises, is or was primarily non-residential; and

(b) any dwelling-house where it is clear from the manner in which it is marketed that it is due to be converted for primarily non-residential use by the time its sale is completed, and all the relevant—

(i) planning permissions; and

(ii) listed building consents,

exist in relation to the conversion.

(2) For the purposes of this Part, where a question arises as to whether premises are—

(a) non-residential premises; or

(b) residential property by virtue of being ancillary land ,

the premises may be treated as non-residential premises if the conditions in paragraph (3) are met.

(3) The conditions referred to in paragraph (2) are that—

(a) the total area of the land is 5 hectares or more; and

(b) the most recent use of the land is or was primarily for one or more of the following purposes—

(i) horticulture or cultivation;

(ii) the breeding or keeping of animals or livestock; or

(iii) the use of land as grazing land or woodlands.

Section 23 Exclusion from meaning of “non-residential premises”

In this Part, “non-residential premises” do not include—

(a) premises due to be converted to a dwelling-house by the time the sale of the property interest is complete; or

(b) a dwelling-house or a building ancillary to a dwelling-house used for either or both of the following purposes—

(i) letting under a lease; or

(ii) home working.

Section 24 Exception for seasonal and holiday accommodation

The duties under sections 155 to 159 of the 2004 Act do not apply in relation to a property where—

(a) the dwelling-house which is or forms part of the property is subject to a condition imposed under section 72(1)(a) of the Town and Country Planning Act 1990 regulating the use of the dwelling-house to either or both of the following—

(i) occupation for less than 11 months in any 12 month period; or

(ii) use only for holiday accommodation; and

(b) that regulation of the use of the dwelling-house is clear from the manner in which the property is marketed.

Section 25 Exception for mixed sales

The duties under sections 155 to 159 of the 2004 Act do not apply in relation to a property where—

(a) it is to be sold with one or more non-residential premises;

(b) the dwelling-house which is or forms part of the property is ancillary to those non-residential premises;

(c) at the time the first point of marketing would have otherwise occurred, the seller does not intend to accept an offer to buy the property in isolation from any one of those non-residential premises; and

(d) it is clear that he would not do so from the manner in which the property is marketed.

Section 26 Exception for dual use of a dwelling-house

The duties under sections 155 to 159 of the 2004 Act do not apply in relation to a property where—

(a) the dwelling-house which is or forms part of that property was most recently used for both residential and non-residential purposes; and

(b) the manner in which it is marketed suggests it is suitable for—

(i) non-residential use; or

(ii) both residential and non-residential use.

Section 27 Exception for portfolios of properties

(1) Subject to paragraph (2), the duties under sections 155 to 159 of the 2004 Act do not apply in relation to a property where—

(a) the dwelling-house which is or forms part of that property is to be sold with one or more other dwelling-houses;

(b) the dwelling-houses mentioned in sub-paragraph (a) are not dwelling-houses to which Part 5 of the 2004 Act applies by virtue of section 171(2) of that Act;

(c) at the time the first point of marketing would have otherwise occurred, the seller does not intend to accept an offer to buy any one of those dwelling-houses in isolation from another; and

(d) it is clear that he would not do so from the manner in which the dwelling-houses are marketed.

(2) Paragraph (1) does not apply to one or more dwelling-houses which are ancillary to a principal dwelling-house.

Section 28 Exception for unsafe properties

The duties under sections 155 to 159 of the 2004 Act do not apply in relation to a property—

(a) which is unoccupied;

(b) whose condition poses a serious risk to the health or safety of its occupants or visitors; and

(c) where the manner in which the property is marketed suggests it is unsuitable for occupation in that condition.

Section 29 Exception for properties to be demolished

(1) The duties under sections 155 to 159 of the 2004 Act do not apply in relation to a property where—

(a) it is clear from the manner in which the property is marketed that—

(i) the dwelling-house which is or forms part of the property is suitable for demolition; and

(ii) the resulting site is suitable for re-development;

(b) all the relevant—

(i) planning permissions;

(ii) listed building consents; and

(iii) conservation area consents,

exist in relation to the demolition; and

(c) in relation to the re-development—

(i) either outline planning permission or planning permission exists, or both; and

(ii) where relevant, listed building consent exists.

(2) In paragraph (1)(c)(i), “outline planning permission” means a planning permission for the erection of a building, which is granted subject to a condition requiring the subsequent approval of the local planning authority with respect to one or more of the following matters—

(a) siting;

(b) design;

(c) external appearance;

(d) means of access; or

(e) the landscaping of the site.

Section 30 Exception – 1st June 2007 to 31st October 2007

(1) In this regulation, “transitional period” means the period starting with 1st June 2007 and ending with 31st October 2007.

(2) Subject to paragraph (4), a seller or a person acting as an estate agent for a seller is not a responsible person in relation to a property by virtue of action taken during the transitional period, by him or on his behalf, which makes public the fact that the property is on the market where, before that period begins—

(a) the property was put on the market; and

(b) further action was taken by him or on his behalf to market the property.

(3) Subject to paragraph (4), the duties under sections 155 to 159 of the 2004 Act do not apply in relation to a property which is put on the market during the transitional period where—

(a) it was put on the market by or on behalf of the seller before that period begins;

(b) it remained on the market until it was taken off the market because the seller accepted an offer to buy the property; and

(c) it is put back on the market within 28 days of that offer being withdrawn or its acceptance repudiated.

(4) Paragraphs (2) and (3) cease to apply at the end of the transitional period.

Section 31 Amount of penalty charge

The amount of a penalty charge specified in a notice given to a person under section 168 of the 2004 Act (penalty charge notices) shall be £200.

Section 32 Exclusion of penalty charges for content of pack documents

Section 168(1)(a) of the 2004 Act does not apply to a breach of a duty under section 155(1) or 159(2) of that Act to the extent that—

(a) the content of a pack document, other than the home information pack index and the sale statement, fails to comply with any requirement of these Regulations; and

(b) the responsible person believes on reasonable grounds that the document does comply with that requirement.

Section 33 Approval of certification schemes

The Secretary of State shall approve one or more certification schemes, but before doing so must be satisfied that a scheme contains appropriate provision—

(a) for ensuring that its members are fit and proper persons who are qualified (by their education, training and experience) to produce home condition reports;

(b) for ensuring that its members have in force suitable indemnity insurance;

(c) for facilitating the resolution of complaints against its members;

(d) for requiring home condition reports made by its members to be entered onto a register kept pursuant to any regulations made under section 165 of the 2004 Act;

(e) for the keeping of a public register of its members; and

(f) for requiring all members of all certification schemes as have been approved, to make home condition reports using a standard form for the type of dwelling-house which is or forms part of the property, which—

(i) includes the terms prescribed in paragraph 2 of Schedule 5;

(ii) includes a statement of the procedures for the resolution of complaints against members;

(iii) includes a statement of such procedures as the certification scheme maintains for rectifying inaccuracies in a particular home condition report; and

(iv) includes a numerical scale for rating the conditions within the property.

Section 34 Terms of approved certification schemes

An approved certification scheme must contain provision—

(a) for ensuring that its objects and activities are compatible with protecting, promoting and facilitating the reliability and trustworthiness of home condition reports and home inspectors, with particular reference to potential and actual buyers, sellers and mortgage lenders of residential properties;

(b) for ensuring that it produces and publishes a code as regards the conduct required of its members;

(c) for the conduct of inspections of residential properties by its members; and

(d) for ensuring that its members complete home condition reports complying with Schedule 5 using the standard form described in regulation 33(f).

Section 35 Withdrawal of approval from certification schemes

The Secretary of State may withdraw approval from one or more certification schemes—

(a) with immediate effect; or

(b) with written notice—

(i) with effect from a date specified in the notice; or

(ii) temporarily for a period specified in the notice.

Section 1 Required matters

A home information pack index must—

(a) consist of a list of all the documents included in the home information pack;

(b) be revised whenever a document is included in or removed from the pack;

(c) where regulation 15 or 17 applies, indicate—

(i) that a document otherwise required by these Regulations is missing from the pack;

(ii) specify which document it is; and

(iii) the reason why it is missing; and

(d) where regulation 15 applies, indicate such steps as are being taken to obtain the document.

Section 2 Authorised matters

A home information pack index may indicate where a particular pack document can be found in the home information pack.

Section 1 Required commonhold documents

(1) Subject to sub-paragraph (2), the documents referred to in regulation 8(e)(i) are—

(a) an official copy of such of the following documents, as are kept by the Chief Land Registrar—

(i) the individual register and title plan relating to the common parts; and

(ii) the commonhold community statement referred to in that register;

(b) except where they are described in the commonhold community statement, such regulations or rules as are made for the purposes of managing the commonhold by the—

(i) commonhold association;

(ii) such managing agents as are appointed, or proposed by the commonhold association to manage the commonhold; or

(iii) such other persons as manage or are likely to manage the commonhold,

and their predecessors (if any); and

(c) the most recent requests for payment or financial contribution where made in respect of the property, relating to the 12 months preceding the first point of marketing, towards such of the following as are relevant to the property—

(i) commonhold assessment;

(ii) reserve funds;

(iii) insurance against damage for the common parts (if made separately to the requests relating to commonhold assessment included under sub-paragraph (i)); and

(iv) insurance for any person in respect of personal injury or death caused by or within the common parts (if made separately to the requests relating to commonhold assessment included under sub-paragraph (i)).

(2) Except for the documents specified in paragraph (a), the documents required by sub-paragraph (1) are only those which are in the seller’s possession, under his control or to which he can reasonably be expected to have access, taking into account the enquiries that it would be reasonable to make of—

(a) the unit-holder (unless the seller is the unit-holder); and

(b) the persons described in sub-paragraph (1)(b)(i) to (iii) and their predecessors (if any).

Section 2 Required commonhold information

(1) Subject to sub-paragraph (2), the matters referred to in regulation 8(e)(ii) are—

(a) the names and addresses of—

(i) such managing agents as are appointed, or proposed by the commonhold association to manage the commonhold; and

(ii) such other persons as manage or are likely to manage the commonhold;

(b) such amendments as are proposed to the following—

(i) the commonhold community statement; and

(ii) the regulations or rules described in paragraph 1(1)(b) of this Schedule; and

(c) a summary of such works as are being undertaken or proposed, affecting the property or the common parts.

(2) The information required by sub-paragraph (1) is only that which the seller can reasonably be expected to be aware of, taking into account the enquiries that it would be reasonable to make of—

(a) the unit-holder (unless the seller is the unit-holder); and

(b) the persons described in paragraph 1(1)(b)(i) to (iii) of this Schedule and their predecessors (if any).

Section 3 Authorised commonhold information

The matters referred to in regulation 9(g) are—

(a) the commonhold community statement;

(b) the rights or obligations of the unit-holder under the commonhold community statement or otherwise, including whether the unit-holder has complied with such obligations;

(c) the rights or obligations of the commonhold association under the commonhold community statement or otherwise, including whether it has complied with such obligations;

(d) the commonhold association and any information that might affect the unit-holder’s relationship with it;

(e) any agent of the commonhold association or other manager of the property and any information that might affect the unit-holder’s relationship with such persons;

(f) the membership of the commonhold association;

(g) the status or memorandum and articles of association of any company related to the management of the property or the commonhold;

(h) any commonhold assessment payable for the property, including whether payments for such assessment are outstanding;

(i) any reserve fund levy relating to the property or the commonhold, including whether payments for such levies are outstanding;

(j) any planned or recent works relating to the property or the commonhold;

(k) responsibility for insuring the property or the commonhold, including the terms of such insurance and whether payments relating to it are outstanding; and

(l) any lease or licence of the property.

Section 4 Creation of commonhold interests

The matters referred to in regulation 10(2)(e) are—

(a) the terms of the commonhold community statement that will or is expected to apply in relation to the property interest once it has been registered as a freehold estate in commonhold land; and

(b) estimates of the payment or financial contribution likely to be required of the unit-holder within 12 months of completion of the sale of the interest towards—

(i) commonhold assessment;

(ii) reserve funds;

(iii) insurance against damage for the common parts (if not to be included in contributions towards commonhold assessment); and

(iv) insurance for any person in respect of personal injury or death caused by or within the common parts (if not to be included in contributions towards commonhold assessment).

Section 1 Required leasehold documents

(1) Subject to sub-paragraph (2), the documents referred to in regulation 8(f)(i) are—

(a) the lease in the form of—

(i) an official copy;

(ii) any other copy; or

(iii) an edited information document if, despite all reasonable efforts and enquiries by the responsible person, it can only be obtained by him in that form;

(b) such regulations or rules as are made for the purposes of managing the property by—

(i) the current lessor or proposed lessor;

(ii) such managing agents as are appointed or proposed by the lessor to manage the property; and

(iii) such other persons as manage or are likely to manage the property,

and their predecessors (if any);

(c) statements or summaries of service charges supplied in respect of the property under section 21 of the Landlord and Tenant Act 1985 or otherwise, and relating to the 36 months preceding the first point of marketing; and

(d) the most recent requests for payment or financial contribution where made in respect of the property, relating to the 12 months preceding the first point of marketing, towards such of the following as are relevant to the property—

(i) service charges;

(ii) ground rent;

(iii) insurance against damage for the building in which the property is situated (if made separately to the request relating to service charges included under sub-paragraph (i)); and

(iv) insurance for any person in respect of personal injury or death caused by or within the building in which the property is situated (if made separately to the request relating to service charges included under sub-paragraph (i)).

(2) Except for the documents specified in paragraph (a), the documents required by sub-paragraph (1) are only those which are in the seller’s possession, under his control or to which he can reasonably be expected to have access, taking into account the enquiries that it would be reasonable to make of—

(a) the lessee (unless the seller is the lessee); and

(b) the persons described in sub-paragraph (1)(b)(i) to (iii) and their predecessors (if any).

Section 2 Required leasehold information

(1) Subject to sub-paragraph (2), the matters referred to in regulation 8(f)(ii) are—

(a) the names and addresses of—

(i) the current lessor or proposed lessor;

(ii) such managing agents as are appointed or proposed by the lessor to manage the property; and

(iii) such other persons as manage or are likely to manage the property;

(b) such amendments as are proposed to the following—

(i) the lease; and

(ii) the regulations or rules described in paragraph 1(1)(b) of this Schedule; and

(c) a summary of such works as are being undertaken or proposed, affecting the property or the building in which the property is situated.

(2) The information required by sub-paragraph (1) is only that which the seller can reasonably be expected to be aware of, taking into account the enquiries that it would be reasonable to make of—

(a) the lessee (unless the seller is the lessee); and

(b) the persons described in paragraph 1(1)(b)(i) to (iii) of this Schedule and their predecessors (if any).

Section 3 Authorised leasehold information

The matters referred to in regulation 9(h) are—

(a) any lease of the property, including those that are superior or inferior to the property interest;

(b) any licence of the property;

(c) any freehold estate to which the lease relates including any proposals to buy a freehold interest relating to the property;

(d) the rights or obligations of the lessee under the lease or otherwise, including whether the lessee has complied with such obligations;

(e) the rights or obligations of the lessor under the lease or otherwise, including whether the lessor has complied with such obligations;

(f) the lessor of the property and any information that might affect the lessee’s relationship with the lessor;

(g) any agent of the lessor or other manager of the property and any information that might affect the lessee’s relationship with such persons;

(h) the membership or existence of any body of persons corporate or unincorporate which manages the property or building in which the property is situated;

(i) the status or memorandum and articles of association of any company related to the management of the property or building in which the property is situated;

(j) the rent payable for the property, including whether payments for such rent are outstanding;

(k) any service charges payable in respect of the property, including whether payments for such charges are outstanding;

(l) any reserve fund relating to the property for necessary works to it or the building in which the property is situated, including whether payments to such a fund are outstanding;

(m) any planned or recent works to the property or the building in which the property is situated; and

(n) any responsibility for insuring the property or the building in which the property is situated, including the terms of such insurance and whether payments relating to it are outstanding.

Section 4 Creation of leasehold interests

The matters referred to in regulation 10(3) are—

(a) the terms of the lease that will or is expected to be granted in order to create the property interest; and

(b) estimates of the payment or financial contribution likely to be required of the lessee within 12 months of completion of the sale of the interest towards—

(i) service charges;

(ii) ground rent;

(iii) insurance against damage for the building in which the property is situated (if not to be included in contributions towards service charges); and

(iv) insurance for any person in respect of personal injury or death caused by or within the building in which the property is situated (if not to be included in contributions towards service charges).

Section 1 Home condition reports

A home condition report—

(a) must be made by a home inspector following an inspection carried out by him in accordance with the provisions of such approved certification schemes of which he is a member; and

(b) must be entered onto a register kept pursuant to any regulations made under section 165 of the 2004 Act.

Section 2 Terms for the preparation of a home condition report

A home inspector must prepare a home condition report on the following terms without exclusion or limitation—

(a) that the report will be prepared with reasonable care and skill;

(b) that the home inspector will provide in the report an objective opinion about the condition of the property;

(c) that such an opinion will be based on his inspection;

(d) that the home inspector will identify in the report such conditions within the property as appear to—

(i) be defects that are serious or require urgent attention, or both;

(ii) give rise to repair or replacement; or

(iii) give rise to further investigation;

(e) that a responsible person may copy or issue a copy of the report for the purposes of complying with—

(i) regulations 5, 6, 8(h)(i), 8(j) and 21; and

(ii) section 156(1), (2) and (11) of the 2004 Act; and

(f) that any person may do one or more of the following for the purposes of a disclosure or other act authorised by regulations made under section 165 of the 2004 Act—

(i) copy a report;

(ii) issue a copy of a report;

(iii) rent or lend a report;

(iv) communicate a report; or

(v) make an adaptation of a report or do any of the above in relation to an adaptation.

Section 3 Third party contractual rights in relation to home condition reports

A home inspector must prepare a home condition report on terms enabling the provisions of the contract under which the report is prepared to be enforced in relation to the terms mentioned in paragraph 2 of this Schedule, by the following persons in their own right (whether or not they are a party to such a contract)—

(a) the seller;

(b) a potential or actual buyer of the property interest; and

(c) a mortgage lender in respect of the property interest.

Section 4 Inclusion of additional or more favourable terms for home condition reports

A home inspector may prepare a home condition report on any of the following—

(a) terms additional to those described in paragraphs 2 and 3 of this Schedule (but without excluding or limiting them); and

(b) terms more favourable to—

(i) the seller;

(ii) a potential or actual buyer of the property interest; or

(iii) a mortgage lender in respect of the property interest,

than those described in paragraphs 2 and 3 of this Schedule.

Section 5 Less favourable terms

Any home condition report which contains terms less favourable to—

(a) the seller;

(b) a potential or actual buyer of the property interest; or

(c) a mortgage lender in respect of the property interest,

than those required by this Schedule does not comply with the requirements of this Schedule.