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Statutory Instrument 2006 No. 1503The Home Information Pack Regulations 2006(The document as of February, 2008) STATUTORY INSTRUMENTS2006 No. 1503HOUSING, ENGLAND AND WALESThe Home Information Pack Regulations 2006
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 161, 163, 164 and 250(2) of and paragraphs 2 and 11(b) of Schedule 8 to the Housing Act 2004[1]. Under section 250(3) of that Act, the Secretary of State has consulted the National Assembly for Wales in relation to residential properties in Wales. Citation and commencement 1.—(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. Interpretation – general provisions 2.—(1) In these Regulations—
(b) 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;
(2) In these Regulations, any expression relating to commonhold land must be construed in accordance with—
(b) the Commonhold Regulations 2004[16] 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.
(b) where a question arises as to whether the property is physically complete, it must be considered physically complete if it—
(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.
(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.
(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—
(b) is then put back on the market within 28 days of that offer being withdrawn or its acceptance repudiated. Required, authorised and excluded documents 4.—(1) Under these Regulations, a home information pack—
(ii) the particular information so required to be included in a pack document; and (b) may include—
(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.
(b) neither required nor authorised by these Regulations to be included in the pack. The home information pack
(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.
(b) where a pack document is an official copy, a true copy of it or another official copy. Comprehension of documents
(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—
(b) that document is to be included under any of the following provisions—
(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—
(b) English, Welsh or a combination of English and Welsh, where the property is in Wales. Required pack documents 8.Subject to regulations 10, 11, 12 and Part 4, the home information pack must include the following—
(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—
(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—
(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—
(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—
(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—
(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—
(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—
(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;
(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);
(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[20]; (n) a search report which—
(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). Authorised pack documents
(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—
(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[21];
(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—
(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);
(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—
(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
(ii) would be of interest to potential buyers of the property interest. Creation of interests
(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.
(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—
(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. Prohibitions relating to home condition reports
(b) at his request; or (c) with his permission. (2) In paragraph (1), "information advertising or marketing goods or services" does not include—
(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). Time at which pack documents are to be included 13.—(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. Age of pack documents when first included 14.—(1) The following pack documents must be dated no earlier than three months preceding the first point of marketing—
(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.
(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—
(b) the amendment is not incorporated in the document, that amendment must be included in the pack.
(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—
(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—
(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)—
(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. Delivery of documents under regulation 15
(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[23]—
(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—
(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—
(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—
(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 Required pack documents which are unobtainable
(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).
(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—
(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.
(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—
(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.
(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—
(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. Meaning of "non-residential premises" 22.—(1) In this Part "non-residential premises" includes—
(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—
(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—
(b) residential property by virtue of being ancillary land[24], the premises may be treated as non-residential premises if the conditions in paragraph (3) are met.
(b) the most recent use of the land is or was primarily for one or more of the following purposes—
(ii) the breeding or keeping of animals or livestock; or (iii) the use of land as grazing land or woodlands. Exclusion from meaning of "non-residential premises"
(b) a dwelling-house or a building ancillary to a dwelling-house used for either or both of the following purposes—
(ii) home working. Exception for seasonal and holiday accommodation
(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. Exception for mixed sales
(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. Exception for dual use of a dwelling-house
(b) the manner in which it is marketed suggests it is suitable for—
(ii) both residential and non-residential use. Exception for portfolios of properties
(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.
(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. Exception for properties to be demolished
(ii) the resulting site is suitable for re-development; (b) all the relevant—
(ii) listed building consents; and (iii) conservation area consents, exist in relation to the demolition; and (c) in relation to the re-development—
(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—
(b) design; (c) external appearance; (d) means of access; or (e) the landscaping of the site. Exception – 1st June 2007 to 31st October 2007
(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—
(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. Amount of penalty charge 31.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. Exclusion of penalty charges for content of pack documents 32.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—
(b) the responsible person believes on reasonable grounds that the document does comply with that requirement. Approval of certification schemes 33.The Secretary of State shall approve one or more certification schemes, but before doing so must be satisfied that a scheme contains appropriate provision—
(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—
(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. Terms of approved certification schemes
(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). Withdrawal of approval from certification schemes
(b) with written notice—
(ii) temporarily for a period specified in the notice.
Required matters 1.A home information pack index must—
(b) be revised whenever a document is included in or removed from the pack; (c) where regulation 15 or 17 applies, indicate—
(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. Authorised matters A sale statement must state—
(b) whether the property interest is—
(ii) a freehold estate in commonhold land; or (iii) a leasehold interest; (c) whether at the first point of marketing—
(ii) the title to the property or the land on which the property is or will be situated is not entered in the register of title; (d) the name of the seller, and the capacity in which they are selling the property;
(ii) is a property to which Part 5 of the 2004 Act applies by virtue of section 171(2) of that Act; and (f) if it is a property to which Part 5 of the 2004 Act applies by virtue of section 171(2) of that Act, the nature of any lack of vacant possession. Required commonhold documents 1.—(1) Subject to sub-paragraph (2), the documents referred to in regulation 8(e)(i) are—
(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—
(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—
(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—
(b) the persons described in sub-paragraph (1)(b)(i) to (iii) and their predecessors (if any). Required commonhold information
(ii) such other persons as manage or are likely to manage the commonhold; (b) such amendments as are proposed to the following—
(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—
(b) the persons described in paragraph 1(1)(b)(i) to (iii) of this Schedule and their predecessors (if any). Authorised commonhold information
(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. Creation of commonhold interests
(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—
(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). Required leasehold documents 1.—(1) Subject to sub-paragraph (2), the documents referred to in regulation 8(f)(i) are—
(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—
(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[26] or otherwise, and relating to the 36 months preceding the first point of marketing; and
(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—
(b) the persons described in sub-paragraph (1)(b)(i) to (iii) and their predecessors (if any). Required leasehold information
(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—
(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—
(b) the persons described in paragraph 1(1)(b)(i) to (iii) of this Schedule and their predecessors (if any). Authorised leasehold information
(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. Creation of leasehold interests
(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—
(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). Home condition reports 1.A home condition report—
(b) must be entered onto a register kept pursuant to any regulations made under section 165 of the 2004 Act. Terms for the preparation of a home condition report
(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—
(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—
(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—
(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. Third party contractual rights in relation to home condition reports
(b) a potential or actual buyer of the property interest; and (c) a mortgage lender in respect of the property interest. Inclusion of additional or more favourable terms for home condition reports
(b) terms more favourable to—
(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. Less favourable terms
(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.
(b) whether he has or is likely to have any personal or business relationship with any person involved in the sale of the property; (c) the reference number or code against which the report is registered under paragraph 1(b) of this Schedule; (d) the names of such approved certification schemes as of which he is a member and in which capacity the report is made; (e) such membership numbers or codes as have been allocated to him by those schemes; (f) the name and address of his employer, or if he is self-employed, the name under which he trades; (g) the date of the inspection and the date the report is completed; (h) the address of the property; (i) the year of building of the property or, if this cannot be ascertained by him, his estimate of the year of building; (j) the number of—
(ii) rooms on each storey or level of the property; (k) such provision as has been made for the parking of vehicles relating to occupants of or visitors to the property;
(ii) the number of flats and maisonettes in that building or, if this cannot be ascertained by him, his estimate of the approximate number of flats and maisonettes; (iii) whether the building contains a passenger lift to the storey or level on which the property is situated; (iv) the general condition of such areas that lead to the property as are common to both it and any neighbouring premises; and (v) the general condition of the building in which the flat or maisonette is situated; (n) risks to the health or safety of the property's occupants or visitors, so far as he can ascertain them;
(ii) rainwater pipes and gutters; (iii) chimney stacks; and (iv) walls, doors and windows, as relate to the property; (p) the condition of the inside parts of the property including—
(ii) ceilings and floors; (iii) internal walls; and (iv) kitchen and bathroom fittings, and whether their appearance suggests that they have been materially affected by dampness; (q) the general condition of such outbuildings as are part of the property; Conduct of inspections
(b) move furniture, fittings or personal items at the property during an inspection. Prohibition on personal and security information
(b) any expression of opinion about a living individual; or (c) information about security features at the property and, in particular, burglar alarm systems, safes or locks. Interpretation 1.In this Schedule—
(b) a rate of 10% ;
(b) as are shared with other premises; and (c) as are built or converted by the developer together with the property;
(b) the party to the new homes warranty for the time being (not being a warranty provider);
(b) walls bearing normal residential loads; (c) non load-bearing partition walls; (d) wet-applied wall plaster; (e) external render and vertical tile hanging; (f) load-bearing parts of roof; (g) tile and slate coverings to pitched roofs; (h) ceilings; (i) load-bearing parts of floors; (j) staircases and internal floor decking and other floor screeds intended to support normal residential loads; (k) retaining walls necessary for structural stability of the property; (l) double or triple glazed panes to external windows and doors; (m) under-ground drainage that the policy-holder is responsible for maintaining; and (n) chimneys and flues;
(b) effects the contract of insurance which is the subject of the new homes warranty; (c) carries out such a contract; (d) deals with such a contract as an agent; (e) makes arrangements for another person (whether as principal or agent) to buy, sell, subscribe for or underwrite such a contract; (f) makes arrangements with a view to a person who participates in such arrangements buying, selling, subscribing for or underwriting such a contract (whether as principal or agent); (g) assists in the administration and performance of such a contract; (h) advises a person (in that person's capacity as a policy-holder or potential policy-holder) on the merits of such a contract; or (i) agrees to carry out any of the activities specified in sub-paragraphs (a) to (h), and where there is more than one warranty provider in relation to a particular new homes warranty, "warranty provider" refers to any of those persons.
(b) contains, as a minimum, the terms described in Part 3, although the term described in paragraph 10 must only be included where the new homes warranty makes provision for a developer's obligations to the policy-holder. (2) Any warranty dealing with any defects in the design, building, or completion of the property, which contains—
(b) terms more favourable to the policy-holder than those described in Part 3, may be regarded as complying with this Schedule.
(b) any limits of a type described in that Part, but which are more favourable to the policy-holder. (4) Any new homes warranty which contains terms less favourable to the policy-holder than those described in Part 4 does not comply with this Schedule. Existence of insurance and regulation of warranty provider 3.—(1) Any liability of any type arising under a new homes warranty which complies with this Schedule must be the subject of a contract of insurance against such risk to be effected by and to be carried out by persons so authorised for the purposes of the Financial Services and Markets Act 2000[27]. (2) Where a warranty provider—
(b) carries out such a contract; (c) deals with such a contract as an agent; (d) makes arrangements for another person (whether as principal or agent) to buy, sell, subscribe for or underwrite such a contract; (e) makes arrangements with a view to a person who participates in such arrangements buying, selling, subscribing for or underwriting such a contract (whether as principal or agent); (f) assists in the administration and performance of such a contract; (g) advises a person (in that person's capacity as a policy-holder or potential policy-holder) on the merits of such a contract; or (h) agrees to carry out the activities specified in sub-paragraphs (a) to (g), it must be authorised to do so under the Financial Services and Markets Act 2000.
(b) it intends to enter into the new homes warranty with the potential policy-holder. Commencement date Warranty period 6.The warranty period for the new homes warranty must be at least 10 years from the commencement date. Certificate of cover and copy of new homes warranty 7.Under the new homes warranty, a warranty provider must provide the policy-holder with—
(b) a document setting out all the terms of the new homes warranty. Transfer of cover to future owners
(b) no payment or consideration in kind must be charged to anyone for doing so. Cover for design and building
(ii) it is designed and finished to a reasonable standard; and (b) the inspections described in sub-paragraph (a) lead a warranty provider to believe that—
(ii) the building of the property meets all the statutory requirements which apply at the commencement of building work and, in particular, those of the Building Act 1984[28] and the Building Regulations 2000[29]. Developer cover
(b) such a defect is apparent or such damage occurs at any time during the warranty period. (2) Under such a new homes warranty, a warranty provider must undertake that—
(b) it will provide a resolution or conciliation service—
(ii) for which no payment or consideration in kind is charged to the policy-holder; (c) if the resolution or conciliation service described in paragraph (b) recommends that remedial work to the property should be conducted by the developer, a warranty provider will use all reasonable endeavours to ensure that the developer carries out such work; Structural defects cover to property and common parts throughout the new homes warranty
(ii) occurring during the first 10 years of the warranty period; and (b) any conditions caused by defects in the design, workmanship, materials or other components—
(ii) which cause an imminent danger of destruction or damage to the property; and (iii) which are apparent during the first 10 years of the warranty period. (2) The carrying out of the obligations described in sub-paragraph (1) may be shared between a warranty provider and the developer.
(b) equipment and fixtures for the collection and distribution of gas, water, heating and ventilation; (c) drains; (d) other mechanical and electrical apparatus that are intended to be lasting—
(ii) excluding lifts; (e) wall partitions; (2) Under the new homes warranty, a warranty provider must undertake that it or the developer will put right, arrange to put right or provide financial compensation—
(ii) damage to the property caused by such a defect; and (b) where such a defect is apparent or such damage occurs during the first two years of the warranty period. (3) The carrying out of the obligations described in sub-paragraph (2) may be shared between a warranty provider and the developer.
(ii) securing alternative accommodation; and (b) occurring due to the property becoming uninhabitable as a result of any liability on the part of a warranty provider under the new homes warranty or otherwise. Professional fees
(ii) excluding the actual costs of carrying out such work; and (b) for which the prior written permission of a warranty provider is sought by the policy-holder, and given accordingly. Permitted limits for newly built properties 15.—(1) This paragraph applies to a property newly built from foundations. (2) The total amount of any payments, financial compensation or costs of remedial work arising under the new homes warranty may, in relation to the property, be limited to—
(b) the value of the property at the time the sale of the property was completed plus the annual increment. (3) Where the property forms part of a continuous structure, the total amount of any payments, financial compensation or costs of remedial work arising under all the related new homes warranties may be limited to £10,000,000 plus the annual increment in relation to all the premises which form part of the continuous structure.
(b) the value of the property at the time the sale of the property was completed plus the annual increment. (3) Where the property forms part of a continuous structure, the total amount of any payments, financial compensation or remedial work arising under all related new homes warranties may be limited to £5,000,000 plus the annual increment in relation to all the premises which form part of the continuous structure.
(b) a term requiring a minimum financial value to any claims made by the policy-holder under the warranty. (2) The contribution or value required in each of the sub-paragraphs (1)(a) or (b) must be no more than £1,000 plus the annual increment.
(b) those other than fees incurred by the policy-holder in investigating or preparing a claim under the new homes warranty. Report 1.A report on a home not physically complete must consist of—
(b) a statement of whether the property will be—
(ii) a bungalow; (iii) a flat; or (iv) a maisonette. (c) if the property will be a house or bungalow, a statement of whether it will be—
(ii) semi-detached; or (iii) terraced; (d) if the property will be a flat or maisonette, a statement of—
(ii) the total number of the flats or maisonettes in the building; (iii) whether there will be a lift to the floor on which the entrance to the property will be situated; (e) a statement of the approximate total useable floor area in the property (in square metres); Attachments
(ii) the roads, public highways and footpaths that serve or will serve the property; (b) a plan (to a scale of not less than 1:100) showing the layout and actual or approximate height, width and length (in metres) of each of the proposed rooms in the property; and General requirements 1.A search report complying with this Schedule must contain the following information—
(b) a statement of whether the following persons have, or are likely to have, any personal or business relationship with any person involved in the sale of the property—
(ii) a person who prepared the search report; (c) subject to Schedules 9 and 10, such enquiries as formed the basis of the search and the information sought;
(ii) if different, under which the search report was prepared; (j) the name of the persons liable in each of the following events—
(ii) any negligent or incorrect interpretation of the records searched; and (iii) any negligent or incorrect recording of that interpretation in the search report; (k) a description of such complaints or redress procedures as exist in relation to the report; and
(ii) the names of the persons who are liable to make the payments described in paragraph 6(b) and 6(c) of this Schedule. Additional search information
(b) information which explains the results of the search, the search report or the enquiries or matters to which the results of the search relate; and (c) information which identifies services or features local to the property, but not including any advertising or marketing information about them. Unavailable search results
(ii) any person in the case of any other search report, and (b) a statement is also included in the search report indicating—
(ii) the reason under sub-paragraph (a) for failing to include the result. Terms for the preparation of required searches 4.Any person may prepare a report required by regulation 8(m)(ii), 8(n) or 8(o), but must do so on the following terms without exclusion or limitation—
(b) that a responsible person may copy or issue a copy of the report for the purposes of complying with any of the following provisions—
(ii) section 156(1), (2) and (11) of the 2004 Act. Third party contractual rights in relation to search reports
(ii) a potential or actual buyer of the property interest; and (iii) a mortgage lender in respect of the property interest; and (b) to be enforced by such persons in their own right, whether or not they are a party to such a contract. Insurance cover for third party contractual rights
(b) any liability for financial loss arising under paragraph 5 of this Schedule will be met by financial compensation to be paid by a person (other than the persons described in paragraph 5(a)(i) to (iii) of this Schedule) who is—
(ii) another person involved in the sale of the property; and (c) such financial compensation is paid by a person mentioned in sub-paragraph (a), if any person mentioned in sub-paragraph (b) fails to pay it (or no longer exists and has no successor). Permitted limit on liability for financial loss
(b) as used for residential purposes. Inclusion of additional or more favourable terms for required search reports
(b) terms more favourable to—
(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 4, 5 and 6 of this Schedule. Less favourable terms
(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 Part of this Schedule does not comply with the requirements of this Schedule.
(b) they are described as a local land charges search, local enquiries or drainage and water enquiries, or given similar descriptions. Terms for the preparation of authorised search reports 11.The search reports authorised by regulation 9(k) and 9(l) may be made on any terms, which, in particular, may include the terms described in Parts 1 and 2 of this Schedule. Interpretation 1.—(1) In this Schedule—
(b) a certificate given under regulation 21(6) of the Building Regulations 2000[34] (regularisation certificates);
(b) an area so designated before 31st August 1974 by other means;
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