The Home Information Pack (No. 2) Regulations 2007

PART 8 APPROVED CERTIFICATION SCHEMES

Approval of certification schemes

37.  The Secretary of State shall approve one or more certification schemes, but before doing so must be satisfied that the 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 the register kept pursuant to Part 9;

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

(ii) includes a statement of such procedures as are maintained by the scheme for rectifying inaccuracies in a particular home condition report; and

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

Terms of approved certification schemes

38.  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 the scheme 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 9 using the standard form described in regulation 37(f).

Withdrawal of approval from certification schemes

39.  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.