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Housing Act 2004

Section 148: Meaning of "residential property" and "home information pack"

305.For the purposes of this Part, a residential property means a single building or part of a building together with any ancillary land - a garden for example - that is, or is meant to be, occupied as a separate dwelling. The definition includes homes that are still under construction or not yet built and so the duties described elsewhere in this Part would potentially apply to homes being sold 'off-plan'.

306.In this section, the home information pack is given a general description as a collection of documents relating to the property being sold, or the terms on which it is being offered for sale. The actual content of a home information pack will be prescribed in regulations made under section 163 and for most purposes, the Act defines the pack as something that fulfils the requirements of these regulations, or purports to. The pack may include electronic documents and could indeed consist entirely of electronic documents. However, copies of the pack should be made available to a potential buyer in hard copy unless the buyer agrees that they can be made available in electronic form. Section 156 sets out when a copy of the pack should be provided.

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