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The Housing (Scotland) Act 2006 (Prescribed Documents) Regulations 2008

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2008, ISBN 9780110802039

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Regulations laid before the Scottish Parliament under section 191(5) of the Housing (Scotland) Act 2006, for approval by resolution of the Scottish Parliament.

HOUSING

Made 2008

Coming into force 1st October 2008

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 99(2), 104(1) to (3) and 105 of the Housing (Scotland) Act 2006f1 and all other powers enabling them to do so.

In accordance with section 191(5) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Annotations to the whole text

Footnotes

f1

2006 asp 1.

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Permitted period
  4. 4Prescribed documents
  5. 5Persons who may prepare prescribed documents
  6. 6Date to which information in a prescribed document relates
  7. 7Exception for portfolios of properties
  8. 8Exception for seasonal and holiday accommodation
  9. 9Exception for mixed sales
  10. 10Exception for dual use
  11. 11Exception for unsafe properties
  12. 12Exception for new housing
  13. 13Exception for properties to be demolished
  14. 14Exception for newly converted premises
  15. Signature
  16. Schedule 1
  17. 1Survey Report Form
  18. Part 2: Information on energy efficiency
  19. 1Paragraph 1
  20. 2Paragraph 2
  21. 3Paragraph 3
  22. 4Paragraph 4
  23. 5Paragraph 5
  24. 6Paragraph 6
  25. 7Paragraph 7
  26. 8Paragraph 8
  27. 9Paragraph 9
  28. 10Paragraph 10
  29. 11Paragraph 11
  30. 12Paragraph 12
  31. 13Paragraph 13
  32. 14Paragraph 14
  33. Schedule 2Property Questionnaire
  34. Explanatory note

1Citation and commencement

These Regulations may be cited as the Housing (Scotland) Act 2006 (Prescribed Documents) Regulations 2008 and come into force on 1st October 2008.

2Interpretation

In these Regulations–

  • “the 2006 Act” means the Housing (Scotland) Act 2006;

  • “the duties” means any of the duties in sections 98, 99(1) or 101(2) of the 2006 Act;

  • “on the market” has the same meaning as in section 119 of the 2006 Act.

3Permitted period

The period specified for the purposes of section 99(2) of the 2006 Act is 9 days.

4Prescribed documents

The documents prescribed for the purposes of section 98, 99(1) and 101(2) of the 2006 Act are–

(a)

a survey report containing–

(i)

the information in, or as nearly as may be in, the form set out in part 1 of Schedule 1; and

(ii)

the information on energy efficiency in part 2 of Schedule 1; and

(b)

a property questionnaire in, or as nearly as may be in, the form set out in Schedule 2.

5Persons who may prepare prescribed documents

(1)

The persons who may prepare the prescribed document set out in Schedule 1 are surveyors registered with or authorised to practise by the Royal Institution of Chartered Surveyors.

(2)

The person who may prepare the prescribed document set out in Schedule 2 is the seller of the house or a person authorised by the seller to act on the seller’s behalf.

6Date to which information in a prescribed document relates

(1)

The date to which information in a prescribed document relates must be no earlier than the date at the beginning of the period of 12 weeks before the date on which the house is put on the market (“the market date”).

(2)

In circumstances where the house–

(a)

is not sold;

(b)

is withdrawn from the market for a period or periods not exceeding 4 weeks at a time; and

(c)

is put on the market again;

the date to which information in a prescribed document relates when the house is put on the market again remains no earlier than the date at the beginning of the period of 12 weeks before the market date referred to in paragraph (1).

7Exception for portfolios of properties

(1)

There is an exception to the duties in relation to a house–

(a)

which is to be sold with one or more other houses; and

(b)

where it is clear from the manner in which the houses are marketed that the seller does not intend to accept an offer to buy one of those houses in isolation from another.

(2)

This exception does not apply where the houses to be sold comprise only a principal house and one or more ancillary houses.

8Exception for seasonal and holiday accommodation

There is an exception to the duties in relation to a house–

(a)

which is subject to a condition imposed under section 41(1)(a) of the Town and Country Planning (Scotland) Act 1997f1 regulating the use of the house to either or both of the following–

(i)

occupation for less than 11 months in any 12 month period; or

(ii)

use only for holiday accommodation; and

(b)

where it is clear from the manner in which the house is marketed that it is subject to such a condition.

9Exception for mixed sales

There is an exception to the duties in relation to a house–

(a)

to be sold with one or more non-residential premises;

(b)

which is or forms part of the property ancillary to those non-residential premises; and

(c)

where it is clear from the manner in which the property is marketed that the seller does not intend to accept an offer to buy the house only.

10Exception for dual use

There is an exception to the duties in relation to a house which is part of a property–

(a)

which was, immediately before being put on the market, used for both residential and non-residential purposes; and

(b)

which is marketed for–

(i)

non-residential use; or

(ii)

both residential and non-residential use.

11Exception for unsafe properties

There is an exception to the duties in relation to a house–

(a)

which is unoccupied;

(b)

the condition of which poses a serious risk to the health or safety of its occupants or visitors; and

(c)

where it is clear from the manner in which the house is marketed that it is unsuitable for occupation in that condition.

12Exception for new housing

There is an exception to the duties in relation to a house which has not previously been used as a house or as any other premises.

13Exception for properties to be demolished

(1)

There is an exception to the duties in relation to a house–

(a)

where it is clear from the manner in which it is marketed that–

(i)

it is or forms part of property suitable for demolition; and

(ii)

the resulting site is suitable for re-development;

(b)

where all the relevant–

(i)

planning permissions;

(ii)

listed building consents; and

(iii)

conservation area consents,

exist in relation to the demolition; and

(c)

where in relation to the re-development–

(i)

either outline planning permission or planning permission exists, or both; and

(ii)

where relevant, listed building consent exists.

(2)

In paragraph (1)–

  • “conservation area consent” has the meaning given in section 66(1) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997f1;

  • “listed building consent” has the meaning given in section 7(7) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997;

  • “outline planning permission” has the meaning given in section 59 of the Town and Country Planning (Scotland) Act 1997;

  • “planning permission” has the meaning given in section 277 of the Town and Country Planning (Scotland) Act 1997.

14Exception for newly converted premises

(1)

There is an exception to the duties in relation to a house which is being converted or has been converted to a house if it has not previously been used in its converted state.

(2)

For the purposes of this regulation a house is converted if–

(a)

its use is being or has been changed from any other use to that of a house;

(b)

it is one of a number of houses created out of a larger house or number of houses; or

(c)

it is created out of more than one house.

Signature

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

2008

1Survey Report Form

1

The total floor area of the rooms in the house which are artificially heated or cooled.

2

The main type of heating and fuel.

3

The calculation tool used in compiling the energy report.

4

A list of recommended measures to improve the energy efficiency of the dwelling, including measures that may become cost-effective in the future and measures that may be cost-effective when other building work is being carried out.

5

Information describing each recommended measure.

6

The typical cost of each recommended measure.

7

Typical cost savings for each recommended measure.

8

An indication of current carbon dioxide emissions resulting directly or indirectly from energy use within the house (for heating, lighting, mechanical ventilation and air conditioning but not for appliances) and an indication of potential emissions if the recommended measures were implemented.

9

An indication of current and potential (if the recommended measures were implemented) energy use expressed in kilowatt hours per square metre (kWh per m2) of floor area per annum.

10

An indication of current and potential (if the recommended measures were implemented) running costs for lighting, heating and hot water.

11

An indication of current and potential (if the recommended measures were implemented) energy efficiency of the house.

12

An explanation of the standard assumptions made about occupancy, heating patterns and geographical location, and the factors that the calculations of energy use and fuel costs take into account.

13

Advice that works to carry out recommended measures may require permissions, warrants or certificates to be obtained.

14

Contact details for sources of further information on energy efficiency.

Schedule 2Property Questionnaire

Explanatory note

(This note is not part of the Regulations)

These Regulations, which are made under the Housing (Scotland) Act 2006 (asp 1), prescribe the documents which a seller or a selling agent must possess and provide in response to a request from potential buyers. The documents, which are prescribed in regulation 4, are a survey report which also contains information on energy efficiency, set out in Schedule 1, and a property questionnaire, set out in Schedule 2.

Regulation 3 provides that a copy of the prescribed documents must be supplied within 9 days of the request.

The persons who may prepare each of these documents are prescribed in regulation 5.

Information in a prescribed document must, according to regulation 6, relate to a date no earlier than 12 weeks before the house is put on the market. If, however, the house has previously been on the market and withdrawn for periods of 4 weeks or less, then the information must relate to a date no earlier than 12 weeks before the house was first put on the market.

Marketing certain types of property, exceptionally, does not give rise to the duties to possess and provide the prescribed documents. These exceptions are listed in regulations 7–14.