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The Home Information Pack (No. 2) Regulations 2007

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PART 2HOME INFORMATION PACK - GENERAL PROVISIONS

Required, authorised and excluded documents

4.—(1) A home information pack—

(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)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 pack must not include any other documents or information contained 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)provided to a potential buyer in close proximity to the pack or pack document; and

(b)neither required nor authorised by these Regulations to be included in the 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 them(1).

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

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

(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.

Copies of a home information pack

6.  The copies of a home information pack or pack document provided or produced under section 156(1) or 167(1) 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.

Comprehension of documents

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

(a)must be legible; or

(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—

(a)the only version of a pack document available is one which is illegible or unclear (either in whole or in part); and

(b)that document is to be included under any of the following provisions—

(i)regulation 8(f)(ii) (documents relied on to deduce unregistered title);

(ii)regulation 9(j) (documents referred to in the register of title);

(iii)regulation 8(g) or 9(k) (required or authorised commonhold information); or

(iv)regulation 8(h) or 9(l) (required or authorised leasehold information).

(3) Pack documents must be in—

(a)English, where the property is in England; or

(b)English, Welsh or a combination of English and Welsh, where the property (or part of the property) is in Wales.

(1)

Under section 155(1) of the 2004 Act a responsible person must have in his possession, or under his control, a home information pack which complies with the requirements of these Regulations. Under section 156, a responsible person must provide a potential buyer with a copy of the pack (rather than the original version). Under subsection (8) of section 156, a reasonable sum may be charged for the cost of making and sending a paper copy of the home information pack.

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