(This note is not part of the Order)
This Order requires estate agents in England and Wales to be members of an approved redress scheme for the purpose of dealing with complaints related to Home Information Packs. Before such an Order can be made the Secretary of State must have approved one or more redress schemes pursuant to section 173 of the Housing Act 2004, and details of every approved scheme are available on the Department for Business, Enterprise and Regulatory Reform website.
The requirement to belong to an approved redress scheme applies –
(a)in respect of those properties for which a Home Information Pack is required under Part 5 of the Housing Act 2004, as that Part is brought into force from time to time in respect of different types of property - from 1st August this will be in respect of residential properties with four or more bedrooms; and
(b)only to persons who engage in estate agency work as defined in section 1 of the Estate Agents Act 1979.
A Regulatory Impact Assessment has not been prepared in respect of this Order as the impact assessment has been reflected in the Regulatory Impact Assessment made in respect of the Home Information Pack (No.2) Regulations 2007, a copy of which can be obtained from the Department for Communities and Local Government or from its website at www.communities.gov.uk.