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The Home Information Pack (No. 2) Regulations 2007

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  1. Introductory Text

  2. PART 1

    1. 1.Citation and commencement

    2. 2.Interpretation – general provisions

    3. 3.Interpretation – first point of marketing

  3. PART 2

    1. 4.Required, authorised and excluded documents

    2. 5.The home information pack

    3. 6.Copies of a home information pack

    4. 7.Comprehension of documents

  4. PART 3

    1. 8.Required pack documents

    2. 9.Authorised pack documents

    3. 10.Creation of interests

    4. 11.Prohibitions relating to home condition reports

    5. 12.Exclusion of advertising information

  5. PART 4

    1. 13.Order of pack documents

    2. 14.Time at which pack documents are to be included

    3. 15.Age of pack documents when first included

    4. 16.Energy information unobtainable before or at the first point of marketing

    5. 17.Documents required within 28 days of the first point of marketing

    6. 18.Requests for documents under this Part

    7. 19.Delivery of documents under this Part

    8. 20.Required pack documents which are completely unobtainable

  6. PART 5

    1. 21.Updating of required pack documents

    2. 22.Updating of predicted energy assessment

    3. 23.Updating of authorised pack documents

    4. 24.Seller’s check of the home information pack

  7. PART 6

    1. 25.Meaning of “non-residential premises”

    2. 26.Exclusion from meaning of “non-residential premises”

    3. 27.Exception for seasonal and holiday accommodation

    4. 28.Exception for mixed sales

    5. 29.Exception for dual use of a dwelling-house

    6. 30.Exception for portfolios of properties

    7. 31.Exception for unsafe properties

    8. 32.Exception for properties to be demolished

    9. 33.Exception – properties marketed before the commencement date

    10. 34.Exception – first day marketing during a temporary period

  8. PART 7

    1. 35.Amount of penalty charge

    2. 36.Exclusion of penalty charge for content of pack documents

  9. PART 8

    1. 37.Approval of certification schemes

    2. 38.Terms of approved certification schemes

    3. 39.Withdrawal of approval from certification schemes

  10. PART 9

    1. CHAPTER 1

      1. 40.Interpretation of this Part

    2. CHAPTER 2

      1. 41.Registration of home condition reports

      2. 42.Retention of home condition reports

      3. 43.Restrictions on disclosure by the keeper of the register in pursuance of a seller’s instructions

      4. 44.Other registers

    3. CHAPTER 3

      1. 45.Section 157 conditions

      2. 46.Suspicion of unauthorised use

      3. 47.Commercial use by the keeper of the register

      4. 48.Responsibility for proving purposes of disclosure

      5. 49.Responsibility for proving agency

      6. 50.Possession of report reference number

    4. CHAPTER 4

      1. 51.Internal processing of information

      2. 52.Sellers and their agents

      3. 53.Potential buyers and their advisers

      4. 54.Mortgage lenders or automated valuation suppliers

      5. 55.Approved certification schemes or complaints against home inspectors

      6. 56.Enforcement officers

      7. 57.Office of Fair Trading

      8. 58.Information from which no particular property is identifiable

      9. 59.Disclosures for the purposes of the 2004 Act or these Regulations

      10. 60.Prevention of crime

      11. 61.Legal proceedings and court orders

    5. CHAPTER 5

      1. 62.Fees

  11. Signature

    1. SCHEDULE 1

      Home information pack index

      1. 1.Required matters

      2. 2.Authorised matters

    2. SCHEDULE 2

      Predicted energy assessment

    3. SCHEDULE 3

      Sale statement

    4. SCHEDULE 4

      Commonhold information

      1. 1.Required commonhold documents

      2. 2.Required commonhold information

      3. 3.Authorised commonhold information

      4. 4.Creation of commonhold interests

    5. SCHEDULE 5

      Leasehold information

      1. 1.Required leasehold documents

      2. 2.Required leasehold information

      3. 3.Authorised leasehold information

      4. 4.Creation of leasehold interests

    6. SCHEDULE 6

      General provision about searches and search reports

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

        1. 1.General requirements

        2. 2.Additional search information

        3. 3.Unavailable search results

      2. PART 2 Specific required search reports

        1. 4.Access to local authority records

        2. 5.Terms for the preparation of required searches

        3. 6.Third party contractual rights in relation to search reports

        4. 7.Insurance cover for third party contractual rights

        5. 8.Permitted limit on liability for financial loss

        6. 9.Inclusion of additional or more favourable terms for required search reports

        7. 10.Less favourable terms

        8. 11.Required searches by another name

    7. SCHEDULE 7

      Local enquiries

      1. PART 1 General

        1. 1.Interpretation  

        2. 2.Enquiries

      2. PART 2 Enquiries

        1. 3.Planning and building decisions and pending applications

        2. 4.Planning designations and proposals

        3. 5.Roads

        4. 6.Land required for public purposes

        5. 7.Land to be acquired for road works

        6. 8.Drainage agreements and consents

        7. 9.Nearby road schemes

        8. 10.Nearby railway schemes

        9. 11.Traffic schemes

        10. 12.Outstanding notices

        11. 13.Contravention of building regulations

        12. 14.Notices, orders, directions and proceedings under Planning Acts

        13. 15.Conservation areas

        14. 16.Compulsory purchase

        15. 17.Contaminated land

        16. 18.Radon gas

    8. SCHEDULE 8

      Drainage and water enquiries

      1. PART 1 General

        1. 1.Interpretation

        2. 2.Enquiries and responses

      2. PART 2 Enquiries and responses

        1. 3.Public sewer map

        2. 4.Foul water

        3. 5.Surface water

        4. 6.Public adoption of sewers and lateral drains

        5. 7.Public sewers within the boundaries of the property

        6. 8.Public sewers near to the property

        7. 9.Building over a public sewer, disposal main or drain

        8. 10.Map of waterworks

        9. 11.Adoption of water mains and service pipes

        10. 12.Sewerage and water undertakers

        11. 13.Connection to mains water supply

        12. 14.Water mains, resource mains or discharge pipes

        13. 15.Current basis for sewerage and water charges

        14. 16.Charges following change of occupation

        15. 17.Surface water drainage charges

        16. 18.Water meters

        17. 19.Sewerage bills

        18. 20.Water bills

        19. 21.Risk of flooding due to overloaded public sewers

        20. 22.Risk of low water pressure or flow

        21. 23.Water quality analysis

        22. 24.Authorised departures from water quality standards

        23. 25.Sewage treatment works

    9. SCHEDULE 9

      Home condition report

      1. 1.Home condition reports

      2. 2.Terms for the preparation of a home condition report

      3. 3.Third party contractual rights in relation to home condition reports

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

      5. 5.Less favourable terms

      6. 6.Completion of home condition reports by home inspectors

      7. 7.Conduct of inspections

      8. 8.Prohibition on personal and security information

    10. SCHEDULE 10

      Additional relevant information

  12. Explanatory Note

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