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The Home Information Pack Regulations 2006

S.I. 2006/1503 · Made 9 June 2006

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.

HOUSING, ENGLAND AND WALES

Made 9th June 2006

Laid before Parliament 14th June 2006

Coming into force

for the purposes of Part 7 6th July 2006

for all other purposes 1st 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 2004f1.

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.

Annotations to the whole text

Footnotes

f1

2004 c. 34.

Contents

  1. Part 1: CITATION, COMMENCEMENT AND INTERPRETATION
  2. 1Citation and commencement
  3. 2Interpretation – general provisions
  4. 3Interpretation – first point of marketing
  5. Part 2: HOME INFORMATION PACK - GENERAL PROVISIONS
  6. 4Required, authorised and excluded documents
  7. 5The home information pack
  8. 6Copies of a home information pack
  9. 7Comprehension of documents
  10. Part 3: CONTENTS OF HOME INFORMATION PACKS
  11. 8Required pack documents
  12. 9Authorised pack documents
  13. 10Creation of interests
  14. 11Prohibitions relating to home condition reports
  15. 12Exclusion of advertising information
  16. Part 4: ASSEMBLY AND ACCURACY OF HOME INFORMATION PACKS
  17. 13Time at which pack documents are to be included
  18. 14Age of pack documents when first included
  19. 15Required pack documents which are unavailable before the first point of marketing
  20. 16Delivery of documents under regulation 15
  21. 17Required pack documents which are unobtainable
  22. 18Updating of required pack documents
  23. 19Inclusion of home condition reports or energy performance certificates following physical completion
  24. 20Updating of authorised pack documents
  25. 21Seller’s check of the home information pack
  26. Part 5: EXCEPTIONS
  27. 22Meaning of “non-residential premises”
  28. 23Exclusion from meaning of “non-residential premises”
  29. 24Exception for seasonal and holiday accommodation
  30. 25Exception for mixed sales
  31. 26Exception for dual use of a dwelling-house
  32. 27Exception for portfolios of properties
  33. 28Exception for unsafe properties
  34. 29Exception for properties to be demolished
  35. 30Exception – 1st June 2007 to 31st October 2007
  36. Part 6: ENFORCEMENT
  37. 31Amount of penalty charge
  38. 32Exclusion of penalty charges for content of pack documents
  39. Part 7: APPROVED CERTIFICATION SCHEMES
  40. 33Approval of certification schemes
  41. 34Terms of approved certification schemes
  42. 35Withdrawal of approval from certification schemes
  43. Signature
  44. Schedule 1: Home information pack index
  45. 1Required matters
  46. 2Authorised matters
  47. Schedule 2Sale statement
  48. Schedule 3: Commonhold information
  49. 1Required commonhold documents
  50. 2Required commonhold information
  51. 3Authorised commonhold information
  52. 4Creation of commonhold interests
  53. Schedule 4: Leasehold information
  54. 1Required leasehold documents
  55. 2Required leasehold information
  56. 3Authorised leasehold information
  57. 4Creation of leasehold interests
  58. Schedule 5: Home condition report
  59. 1Home condition reports
  60. 2Terms for the preparation of a home condition report
  61. 3Third party contractual rights in relation to home condition reports
  62. 4Inclusion of additional or more favourable terms for home condition reports
  63. 5Less favourable terms
  64. 6Completion of home condition reports by home inspectors
  65. 7Conduct of inspections
  66. 8Prohibition on personal and security information
  67. Schedule 6: Exception from home condition report for specific new homes warranties
  68. Part 1: General
  69. 1Interpretation
  70. 2New homes warranties – general
  71. Part 2: Arrangements for entering into specific new homes warranties
  72. 3Existence of insurance and regulation of warranty provider
  73. 4Cover notes
  74. 5Commencement date
  75. Part 3: Minimum cover for specific new homes warranties
  76. 6Warranty period
  77. 7Certificate of cover and copy of new homes warranty
  78. 8Transfer of cover to future owners
  79. 9Cover for design and building
  80. 10Developer cover
  81. 11Structural defects cover to property and common parts throughout the new homes warranty
  82. 12Additional defects cover for property – first two years
  83. 13Cover for costs of alternative accommodation
  84. 14Professional fees
  85. Part 4: Limits on cover for specific new homes warranties
  86. 15Permitted limits for newly built properties
  87. 16Permitted limits for converted premises
  88. 17Permitted excesses
  89. 18Permitted limits on cover for costs of alternative accommodation
  90. 19Permitted limits on cover for professional fees
  91. Schedule 7: Report on a home not physically complete
  92. 1Report
  93. 2Attachments
  94. Schedule 8: General provision on searches and search reports
  95. Part 1: All search reports (other than official search certificate of the local land charges register)
  96. 1General requirements
  97. 2Additional search information
  98. 3Unavailable search results
  99. Part 2: Specific required search reports
  100. 4Terms for the preparation of required searches
  101. 5Third party contractual rights in relation to search reports
  102. 6Insurance cover for third party contractual rights
  103. 7Permitted limit on liability for financial loss
  104. 8Inclusion of additional or more favourable terms for required search reports
  105. 9Less favourable terms
  106. 10Required searches by another name
  107. Part 3: Authorised search reports
  108. 11Terms for the preparation of authorised search reports
  109. Schedule 9: Local enquiries
  110. Part 1: General
  111. 1Interpretation
  112. 2Enquiries
  113. Part 2: Enquiries
  114. 3Planning and building decisions and pending applications
  115. 4Planning designations and proposals
  116. 5Roads
  117. 6Land required for public purposes
  118. 7Land to be acquired for road works
  119. 8Drainage agreements and consents
  120. 9Nearby road schemes
  121. 10Nearby railway schemes
  122. 11Traffic schemes
  123. 12Outstanding notices
  124. 13Contravention of building regulations
  125. 14Notices, orders, directions and proceedings under Planning Acts
  126. 15Conservation areas
  127. 16Compulsory purchase
  128. 17Contaminated land
  129. 18Radon gas
  130. Schedule 10: Drainage and water enquiries
  131. Part 1: General
  132. 1Interpretation
  133. 2Enquiries and responses
  134. Part 2: Enquiries and responses
  135. 3Public sewer map
  136. 4Foul water
  137. 5Surface water
  138. 6Public adoption of sewers and lateral drains
  139. 7Public sewers within the boundaries of the property
  140. 8Public sewers near to the property
  141. 9Building over a public sewer, disposal main or drain
  142. 10Map of waterworks
  143. 11Adoption of water mains and service pipes
  144. 12Sewerage and water undertakers
  145. 13Connection to mains water supply
  146. 14Water mains, resource mains or discharge pipes
  147. 15Current basis for sewerage and water charges
  148. 16Charges following change of occupation
  149. 17Surface water drainage charges
  150. 18Water meters
  151. 19Sewerage bills
  152. 20Water bills
  153. 21Risk of flooding due to overloaded public sewers
  154. 22Risk of low water pressure or flow
  155. 23Water quality analysis
  156. 24Authorised departures from water quality standards
  157. 25Sewage treatment works
  158. Schedule 11Additional relevant information
  159. Explanatory note