The Home Information Pack Regulations 2006

PART 1CITATION, COMMENCEMENT AND INTERPRETATION

1Citation and commencement

2Interpretation – general provisions

3Interpretation – first point of marketing

PART 2HOME INFORMATION PACK - GENERAL PROVISIONS

4Required, authorised and excluded documents

5The home information pack

6Copies of a home information pack

7Comprehension of documents

PART 3CONTENTS OF HOME INFORMATION PACKS

8Required pack documents

9Authorised pack documents

10Creation of interests

11Prohibitions relating to home condition reports

12Exclusion of advertising information

PART 4ASSEMBLY AND ACCURACY OF HOME INFORMATION PACKS

13Time at which pack documents are to be included

14Age of pack documents when first included

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

16Delivery of documents under regulation 15

17Required pack documents which are unobtainable

18Updating of required pack documents

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

20Updating of authorised pack documents

21Seller’s check of the home information pack

PART 5EXCEPTIONS

22Meaning of “non-residential premises”

23Exclusion from meaning of “non-residential premises”

24Exception for seasonal and holiday accommodation

25Exception for mixed sales

26Exception for dual use of a dwelling-house

27Exception for portfolios of properties

28Exception for unsafe properties

29Exception for properties to be demolished

30Exception – 1st June 2007 to 31st October 2007

PART 6ENFORCEMENT

31Amount of penalty charge

32Exclusion of penalty charges for content of pack documents

PART 7APPROVED CERTIFICATION SCHEMES

33Approval of certification schemes

34Terms of approved certification schemes

35Withdrawal of approval from certification schemes

SCHEDULE 1Home information pack index

1Required matters

2Authorised matters

SCHEDULE 2Sale statement

SCHEDULE 3Commonhold information

1Required commonhold documents

2Required commonhold information

3Authorised commonhold information

4Creation of commonhold interests

SCHEDULE 4Leasehold information

1Required leasehold documents

2Required leasehold information

3Authorised leasehold information

4Creation of leasehold interests

SCHEDULE 5Home condition report

1Home condition reports

2Terms for the preparation of a home condition report

3Third party contractual rights in relation to home condition reports

4Inclusion of additional or more favourable terms for home condition reports

5Less favourable terms

6Completion of home condition reports by home inspectors

7Conduct of inspections

8Prohibition on personal and security information

SCHEDULE 6Exception from home condition report for specific new homes warranties

1Interpretation

2New homes warranties – general

PART 2Arrangements for entering into specific new homes warranties

3Existence of insurance and regulation of warranty provider

5Commencement date

PART 3Minimum cover for specific new homes warranties

6Warranty period

7Certificate of cover and copy of new homes warranty

8Transfer of cover to future owners

9Cover for design and building

10Developer cover

11Structural defects cover to property and common parts throughout the new homes warranty

12Additional defects cover for property – first two years

13Cover for costs of alternative accommodation

14Professional fees

PART 4Limits on cover for specific new homes warranties

15Permitted limits for newly built properties

16Permitted limits for converted premises

17Permitted excesses

18Permitted limits on cover for costs of alternative accommodation

19Permitted limits on cover for professional fees

SCHEDULE 7Report on a home not physically complete

SCHEDULE 8General provision on searches and search reports

PART 1All search reports (other than official search certificate of the local land charges register)

1General requirements

2Additional search information

3Unavailable search results

PART 2Specific required search reports

4Terms for the preparation of required searches

5Third party contractual rights in relation to search reports

6Insurance cover for third party contractual rights

7Permitted limit on liability for financial loss

8Inclusion of additional or more favourable terms for required search reports

9Less favourable terms

10Required searches by another name

PART 3Authorised search reports

11Terms for the preparation of authorised search reports

SCHEDULE 9Local enquiries

1Interpretation

PART 2Enquiries

3Planning and building decisions and pending applications

4Planning designations and proposals

6Land required for public purposes

7Land to be acquired for road works

8Drainage agreements and consents

9Nearby road schemes

10Nearby railway schemes

11Traffic schemes

12Outstanding notices

13Contravention of building regulations

14Notices, orders, directions and proceedings under Planning Acts

15Conservation areas

16Compulsory purchase

17Contaminated land

SCHEDULE 10Drainage and water enquiries

1Interpretation

2Enquiries and responses

PART 2Enquiries and responses

3Public sewer map

6Public adoption of sewers and lateral drains

7Public sewers within the boundaries of the property

8Public sewers near to the property

9Building over a public sewer, disposal main or drain

10Map of waterworks

11Adoption of water mains and service pipes

12Sewerage and water undertakers

13Connection to mains water supply

14Water mains, resource mains or discharge pipes

15Current basis for sewerage and water charges

16Charges following change of occupation

17Surface water drainage charges

19Sewerage bills

21Risk of flooding due to overloaded public sewers

22Risk of low water pressure or flow

23Water quality analysis

24Authorised departures from water quality standards

25Sewage treatment works

SCHEDULE 11Additional relevant information

2006 No. 1503

HOUSING, ENGLAND AND WALES

The Home Information Pack Regulations 2006

Made9th June 2006

Laid before Parliament14th June 2006

Coming into force

for the purposes of Part 76th July 2006

for all other purposes1st June 2007

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.