The Home Information Pack Regulations 2006

JurisdictionUK Non-devolved
CitationSI 2006/1503
Year2006

2006 No. 1503

HOUSING, ENGLAND AND WALES

The Home Information Pack Regulations 2006

Made 9th June 2006

Laid before Parliament 14th June 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 20041.

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.

1 CITATION, COMMENCEMENT AND INTERPRETATION

PART 1

CITATION, COMMENCEMENT AND INTERPRETATION

S-1 Citation and commencement

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.

S-2 Interpretation – general provisions

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 19752;

“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approved by the Secretary of State under regulation 33 of these Regulations and from which such approval has not been withdrawn under regulation 35;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 20023;

“conservation area consent” means the consent described in section 74(1) of the Planning (Listed Buildings and Conservation Areas) Act 19904;

“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 20035;

“energy performance certificate” means the certificate required by Council Directive 2002/91/EC6whose 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 person7to 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 48;

“listed building consent” means a consent under section 8(1), (2) or (3) of the Planning (Listed Buildings and Conservation Areas) Act 19909;

“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 199010;

“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 Act11;

“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 sell12;

“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 interest13;

“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 198514; 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)

(a) Part 1 of the Commonhold and Leasehold Reform Act 200215if it is also used in that Act; or

(b)

(b) the Commonhold Regulations 200416where 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)

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

(b)

(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.

S-3 Interpretation – first point of marketing

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)

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

(b)

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

(b)

(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)

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

(b)

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

2 HOME INFORMATION PACK - GENERAL PROVISIONS

PART 2

HOME INFORMATION PACK - GENERAL PROVISIONS

S-4 Required, authorised and excluded documents

Required, authorised and excluded documents

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

(a)

(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)

(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)

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

(b)

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

S-5 The home information pack

The home information pack

5.—(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 them17.

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

(a)

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

(b)

(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.

S-6 Copies of a home information pack

Copies of a home information pack

6. 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.

S-7 Comprehension of documents

Comprehension of documents

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

(a)

(a) must be legible; or

(b)

(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...

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