The Home Information Pack (No. 2) Regulations 2007
S.I. 2007/1667 · Made 8 June 2007
housing, england and wales
Made 8th June 2007
Laid before Parliament 11th June 2007
Coming into force 2nd July 2007
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 161, 163, 164, 165 and 250(2) of, and paragraphs 2 and 11(b) of Schedule 8 to, the Housing Act 2004f1.
In accordance with section 250(3) of that Act, the Secretary of State has consulted the National Assembly for Wales in relation to residential properties in Wales.
Annotations to the whole text
Footnotes
- f1
Contents
- Part 1: CITATION, COMMENCEMENT AND INTERPRETATION
- 1Citation and commencement
- 2Interpretation – general provisions
- 3Interpretation – first point of marketing
- Part 2: HOME INFORMATION PACK - GENERAL PROVISIONS
- 4Required, authorised and excluded documents
- 5The home information pack
- 6Copies of a home information pack
- 7Comprehension of documents
- Part 3: CONTENTS OF HOME INFORMATION PACKS
- 8Required pack documents
- 9Authorised pack documents
- 10Creation of interests
- 11Prohibitions relating to home condition reports
- 12Exclusion of advertising information
- Part 4: ASSEMBLY OF HOME INFORMATION PACKS
- 13Order of pack documents
- 14Time at which pack documents are to be included
- 15Age of pack documents when first included
- 16Energy information unobtainable before or at the first point of marketing
- 17Documents required within 28 days of the first point of marketing
- 18Requests for documents under this Part
- 19Delivery of documents under this Part
- 20Required pack documents which are completely unobtainable
- Part 5: ACCURACY OF HOME INFORMATION PACKS
- 21Updating of required pack documents
- 22Updating of predicted energy assessment
- 23Updating of authorised pack documents
- 24Seller’s check of the home information pack
- Part 6: EXCEPTIONS
- 25Meaning of “non-residential premises”
- 26Exclusion from meaning of “non-residential premises”
- 27Exception for seasonal and holiday accommodation
- 28Exception for mixed sales
- 29Exception for dual use of a dwelling-house
- 30Exception for portfolios of properties
- 31Exception for unsafe properties
- 32Exception for properties to be demolished
- 33Exception – properties marketed before the commencement date
- 34Exception – first day marketing during a temporary period
- Part 7: ENFORCEMENT
- 35Amount of penalty charge
- 36Exclusion of penalty charge for content of pack documents
- Part 8: APPROVED CERTIFICATION SCHEMES
- 37Approval of certification schemes
- 38Terms of approved certification schemes
- 39Withdrawal of approval from certification schemes
- Part 9: HOME CONDITION REPORT REGISTER
- Chapter 1: Interpretation
- 40Interpretation of this Part
- Chapter 2: ARRANGEMENTS FOR KEEPING THE REGISTER
- 41Registration of home condition reports
- 42Retention of home condition reports
- 43Restrictions on disclosure by the keeper of the register in pursuance of a seller’s instructions
- 44Other registers
- Chapter 3: DISCLOSURE - GENERAL PROVISIONS
- 45Section 157 conditions
- 46Suspicion of unauthorised use
- 47Commercial use by the keeper of the register
- 48Responsibility for proving purposes of disclosure
- 49Responsibility for proving agency
- 50Possession of report reference number
- Chapter 4: AUTHORISED DISCLOSURES
- 51Internal processing of information
- 52Sellers and their agents
- 53Potential buyers and their advisers
- 54Mortgage lenders or automated valuation suppliers
- 55Approved certification schemes or complaints against home inspectors
- 56Enforcement officers
- 57Office of Fair Trading
- 58Information from which no particular property is identifiable
- 59Disclosures for the purposes of the 2004 Act or these Regulations
- 60Prevention of crime
- 61Legal proceedings and court orders
- Chapter 5: FEES
- 62Fees
- Signature
- Schedule 1: Home information pack index
- 1Required matters
- 2Authorised matters
- Schedule 2Predicted energy assessment
- Schedule 3Sale statement
- Schedule 4: Commonhold information
- 1Required commonhold documents
- 2Required commonhold information
- 3Authorised commonhold information
- 4Creation of commonhold interests
- Schedule 5: Leasehold information
- 1Required leasehold documents
- 2Required leasehold information
- 3Authorised leasehold information
- 4Creation of leasehold interests
- Schedule 6: General provision about searches and search reports
- Part 1: All search reports (other than official search certificate of the local land charges register)
- 1General requirements
- 2Additional search information
- 3Unavailable search results
- Part 2: Specific required search reports
- 4Access to local authority records
- 5Terms for the preparation of required searches
- 6Third party contractual rights in relation to search reports
- 7Insurance cover for third party contractual rights
- 8Permitted limit on liability for financial loss
- 9Inclusion of additional or more favourable terms for required search reports
- 10Less favourable terms
- 11Required searches by another name
- Schedule 7: Local enquiries
- Part 1: General
- 1Interpretation
- 2Enquiries
- Part 2: Enquiries
- 3Planning and building decisions and pending applications
- 4Planning designations and proposals
- 5Roads
- 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
- 18Radon gas
- Schedule 8: Drainage and water enquiries
- Part 1: General
- 1Interpretation
- 2Enquiries and responses
- Part 2: Enquiries and responses
- 3Public sewer map
- 4Foul water
- 5Surface water
- 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
- 18Water meters
- 19Sewerage bills
- 20Water 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 9: Home 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 10Additional relevant information
- Explanatory note