The Home Information Pack Regulations 2006

Publication Date:January 01, 2006
 
FREE EXCERPT

2006No. 1503

HOUSING, ENGLAND AND WALES

The Home Information Pack Regulations 2006

9thJune2006

14thJune2006

6thJuly20061st June 2007

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 AND ACCURACY OF HOME INFORMATION PACKS

13. Time at which pack documents are to be included

14. Age of pack documents when first included

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

16. Delivery of documents under regulation 15

17. Required pack documents which are unobtainable

18. Updating of required pack documents

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

20. Updating of authorised pack documents

21. Seller's check of the home information pack

PART 5

EXCEPTIONS

22. Meaning of "non-residential premises"

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

24. Exception for seasonal and holiday accommodation

25. Exception for mixed sales

26. Exception for dual use of a dwelling-house

27. Exception for portfolios of properties

28. Exception for unsafe properties

29. Exception for properties to be demolished

30. Exception - 1st June 2007 to 31st October 2007

PART 6

ENFORCEMENT

31. Amount of penalty charge

32. Exclusion of penalty charges for content of pack documents

PART 7

APPROVED CERTIFICATION SCHEMES

33. Approval of certification schemes

34. Terms of approved certification schemes

35. Withdrawal of approval from certification schemes

SCHEDULE 1-

Home information pack index

SCHEDULE 2-

Sale statement

SCHEDULE 3-

Commonhold information

SCHEDULE 4-

Leasehold information

SCHEDULE 5-

Home condition report

SCHEDULE 6-

Exception from home condition report for specific new homes warranties

PART 1-

General

PART 2-

Arrangements for entering into specific new homes warranties

PART 3-

Minimum cover for specific new homes warranties

PART 4-

Limits on cover for specific new homes warranties

SCHEDULE 7-

Report on a home not physically complete

SCHEDULE 8-

General provision on 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

PART 3-

Authorised search reports

SCHEDULE 9-

Local enquiries

PART 1-

General

PART 2-

Enquiries

SCHEDULE 10-

Drainage and water enquiries

PART 1-

General

PART 2-

Enquiries and responses

SCHEDULE 11-

Additional relevant information

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.

PART 1

CITATION, COMMENCEMENT AND INTERPRETATION

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-

"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 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 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, 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 the certificate required by Council Directive 2002/91/EC 6 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-

(a) where a duty arises under section 155(1) of the 2004 Act, the home information pack intended by the responsible person 7 to be the one required by that subsection; 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 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 8;

"listed building consent" means a consent under section 8(1), (2) or (3) of the Planning (Listed Buildings and Conservation Areas) Act 1990 9;

"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 10;

"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 11;

"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 12;

"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 13;

"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 14; 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 15 if it is also used in that Act; or

(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.

(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.

Interpretation - first point of marketing

3.-

(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...

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