The Home Information Pack (No. 2) Regulations 2007

Publication Date:January 01, 2007
 
FREE EXCERPT

2007No. 1667

HOUSING, ENGLAND AND WALES

The Home Information Pack (No. 2) Regulations 2007

8thJune2007

11thJune2007

2ndJuly2007

CONTENTS

PART 1

CITATION, COMMENCEMENT AND INTERPRETATION

1. Citation and commencement

2. Interpretation - general provisions

3. Interpretation - first point of marketing

PART 2

HOME INFORMATION PACK - GENERAL PROVISIONS

4. Required, authorised and excluded documents

5. The home information pack

6. Copies of a home information pack

7. Comprehension of documents

PART 3

CONTENTS OF HOME INFORMATION PACKS

8. Required pack documents

9. Authorised pack documents

10. Creation of interests

11. Prohibitions relating to home condition reports

12. Exclusion of advertising information

PART 4

ASSEMBLY OF HOME INFORMATION PACKS

13. Order of pack documents

14. Time at which pack documents are to be included

15. Age of pack documents when first included

16. Energy information unobtainable before or at the first point of marketing

17. Documents required within 28 days of the first point of marketing

18. Requests for documents under this Part

19. Delivery of documents under this Part

20. Required pack documents which are completely unobtainable

PART 5

ACCURACY OF HOME INFORMATION PACKS

21. Updating of required pack documents

22. Updating of predicted energy assessment

23. Updating of authorised pack documents

24. Seller's check of the home information pack

PART 6

EXCEPTIONS

25. Meaning of "non-residential premises"

26. Exclusion from meaning of "non-residential premises"

27. Exception for seasonal and holiday accommodation

28. Exception for mixed sales

29. Exception for dual use of a dwelling-house

30. Exception for portfolios of properties

31. Exception for unsafe properties

32. Exception for properties to be demolished

33. Exception - properties marketed before the commencement date

34. Exception - first day marketing during a temporary period

PART 7

ENFORCEMENT

35. Amount of penalty charge

36. Exclusion of penalty charge for content of pack documents

PART 8

APPROVED CERTIFICATION SCHEMES

37. Approval of certification schemes

38. Terms of approved certification schemes

39. Withdrawal of approval from certification schemes

PART 9

HOME CONDITION REPORT REGISTER

CHAPTER 1

Interpretation

40. Interpretation of this Part

CHAPTER 2

ARRANGEMENTS FOR KEEPING THE REGISTER

41. Registration of home condition reports

42. Retention of home condition reports

43. Restrictions on disclosure by the keeper of the register in pursuance of a seller's instructions

44. Other registers

CHAPTER 3

DISCLOSURE - GENERAL PROVISIONS

45. Section 157 conditions

46. Suspicion of unauthorised use

47. Commercial use by the keeper of the register

48. Responsibility for proving purposes of disclosure

49. Responsibility for proving agency

50. Possession of report reference number

CHAPTER 4

AUTHORISED DISCLOSURES

51. Internal processing of information

52. Sellers and their agents

53. Potential buyers and their advisers

54. Mortgage lenders or automated valuation suppliers

55. Approved certification schemes or complaints against home inspectors

56. Enforcement officers

57. Office of Fair Trading

58. Information from which no particular property is identifiable

59. Disclosures for the purposes of the 2004 Act or these Regulations

60. Prevention of crime

61. Legal proceedings and court orders

CHAPTER 5

FEES

62. Fees

SCHEDULE 1-

Home information pack index

SCHEDULE 2-

Predicted energy assessment

SCHEDULE 3-

Sale statement

SCHEDULE 4-

Commonhold information

SCHEDULE 5-

Leasehold information

SCHEDULE 6-

General provision about searches and search reports

PART 1-

All search reports (other than official search certificate of the local land charges register)

PART 2-

Specific required search reports

SCHEDULE 7-

Local enquiries

PART 1-

General

PART 2-

Enquiries

SCHEDULE 8-

Drainage and water enquiries

PART 1-

General

PART 2-

Enquiries and responses

SCHEDULE 9-

Home condition report

SCHEDULE 10-

Additional relevant information

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 161, 163, 164, 165 and 250(2) of, and paragraphs 2 and 11(b) of Schedule 8 to, the Housing Act 2004 1.

In accordance with section 250(3) of that Act, the Secretary of State has consulted the National Assembly for Wales in relation to residential properties in Wales.

PART 1

CITATION, COMMENCEMENT AND INTERPRETATION

Citation and commencement

1.-

(1) These Regulations may be cited as the Home Information Pack (No. 2) Regulations 2007.

(2) These Regulations shall come into force on 2nd July 2007.

Interpretation - general provisions

2.-

(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 2;

"approved certification scheme" means a certification scheme approved by the Secretary of State under regulation 37 of these Regulations and from which such approval has not been withdrawn under regulation 39;

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

"conservation area consent" means the consent described in section 74(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 4;

"developer" means a person who has built or 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 5;

"energy performance certificate" means a certificate which complies with regulation 11(1) of the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007 6 or regulation 17E of the Building Regulations 2000 7;

"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" means the time described in regulation 3;

"home condition report" means a document which complies with Schedule 9;

"home information pack" in relation to a property, means-

(a) where a duty arises under section 155(1) of the 2004 Act, the home information pack intended by the responsible person 8 to be the one required by that provision; and

(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 provision;

"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(i), regulation 26(b)(i), paragraph 3(l) of Schedule 4 and paragraph 3(a) of Schedule 5 9;

"listed building consent" means a consent under section 8(1), (2) or (3) of the Planning (Listed Buildings and Conservation Areas) Act 1990 10;

"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 11;

"predicted energy assessment" means the document required by regulation 8(c);

"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 12;

"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 13;

"recommendation report" has the meaning given by regulation 2(1) of the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007;

"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;

"responsible person" also includes a person subject to a duty under section 159(2) of the 2004 Act;

"sale" includes the potential sale of a property interest 14;

"sale statement" means the document required by regulation 8(d);

"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 15;

"title plan" means the plan so named in rule 5(a) of the Land Registration Rules 2003; and

"year" means a period of 12 months.

(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 16 if it is also used in that Act; or

(b) the Commonhold Regulations 2004 17 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...

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