Office of Public Sector Information

PART 5 ACCURACY OF HOME INFORMATION PACKS

Updating of required pack documents

22.—(1) This regulation applies to any document included in a home information pack under regulation 9 (including that regulation as modified by regulation 11).

(2) Where the responsible person amends such a document or obtains or creates a further version of it, he must—

(a) include the amended document or the further version in the pack;

(b) amend accordingly such translations, additional versions, summaries or explanations as are included in the pack under regulation 10(e), 10(f) or 10(g) or include a further version of such translations, additional versions, summaries or explanations; and

(c) remove such documents as have been wholly superseded by a document included under sub-paragraphs (a) or (b).

(3) The time at which the responsible person amends a document or obtains or creates a further version of it under paragraph (2) becomes the first point of marketing for that document—

(a) for the purposes of any provision of these Regulations that requires the age or currency of a pack document to be determined by reference to a period preceding the first point of marketing; and

(b) until such time (if any) as a further first point of marketing arises under regulation 4(4), Part 4 or this Part.

Updating of energy performance information

23.—(1) If the property is not physically complete before or at the first point of marketing, and becomes complete after that time, the responsible person must include in the home information pack the documents which would be required by—

(a) regulation 9(b) (energy performance certificate and recommendation report); or

(b) regulation 9(c) (interim energy assessment).

(2) Where regulation 9(c) (interim energy assessment) applies in relation to the property, the responsible person must include in the pack before 1st October 2007, an energy performance certificate and recommendation report relating to the property.

(3) The documents required to be included in the pack under paragraph (1) must—

(a) be so included before the end of the period of 14 days starting with the day on which the property becomes physically complete; and

(b) replace any document already included in the pack in accordance with regulation 9(d) (predicted energy assessment).

(4) The documents required to be included in the pack under paragraph (2) must replace any document already included in the pack in accordance with regulation 9(c) (interim energy assessment).

(5) The time at which the responsible person includes a document under paragraphs (1) or (2) becomes the first point of marketing for that document—

(a) for the purposes of any provision of these Regulations that requires the age or currency of a pack document to be determined by reference to a period preceding the first point of marketing; and

(b) until such time (if any) as a further first point of marketing arises under regulation 4(4), Part 4 or this Part.

Updating of authorised pack documents

24.—(1) This regulation applies to any document included in a home information pack under regulation 10 (including that regulation as modified by regulation 11).

(2) A responsible person—

(a) may include an amended document or further version in the pack; and

(b) may remove such documents as have been wholly superseded by a document or version included under sub-paragraph (a).

(3) The time at which the responsible person includes the amended document or further version under paragraph (2)(a) becomes the first point of marketing for that document—

(a) for the purposes of any provision of these Regulations that requires the age or currency of a pack document to be determined by reference to a period preceding the first point of marketing; and

(b) until such time (if any) as a further first point of marketing arises under regulation 4(4), Part 4 or this Part.

Seller’s check of the home information pack

25.  If he is not the seller, the responsible person must provide the seller with a copy of any of the pack documents which the seller has requested him to provide for the purposes of ensuring the accuracy of the home information pack.

PART 6 EXCEPTIONS

Meaning of “non-residential premises”

26.—(1) In this Part, “non-residential premises” includes—

(a) premises where the most recent use of the premises is or was primarily non-residential; and

(b) any dwelling-house where—

(i) it is clear from the manner in which it is marketed that it is due to be converted for primarily non-residential use by the time its sale is completed; and

(ii) and all the relevant planning permissions and listed building consents exist in relation to the conversion.

(2) For the purposes of this Part, where a question arises as to whether premises are—

(a) non-residential premises; or

(b) residential property by virtue of being ancillary land to a dwelling-house(30),

the premises may be treated as non-residential premises if the conditions in paragraph (3) are met.

(3) The conditions referred to in paragraph (2) are that—

(a) the total area of the land is 5 hectares or more; and

(b) the most recent use of the land is or was primarily for one or more of the following purposes—

(i) horticulture or cultivation;

(ii) the breeding or keeping of animals or livestock; or

(iii) as grazing land or woodlands.

Exclusion from meaning of “non-residential premises”

27.  In this Part, “non-residential premises” do not include—

(a) premises due to be converted to a dwelling-house by the time the sale of the property interest is complete; or

(b) a dwelling-house or a building ancillary to a dwelling-house used for either or both of the following purposes—

(i) letting under a lease(31); or

(ii) home working.

Exception for seasonal and holiday accommodation

28.  The duties under sections 155 to 159 of the 2004 Act do not apply in relation to a property where—

(a) the dwelling-house which is or forms part of the property is subject to a condition imposed under section 72(1)(a) of the Town and Country Planning Act 1990 regulating the use of the dwelling-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) that regulation of the use of the dwelling-house is clear from the manner in which the property is marketed.

Exception for mixed sales

29.  The duties under sections 155 to 159 of the 2004 Act do not apply in relation to a property where—

(a) it is to be sold with one or more non-residential premises;

(b) the dwelling-house which is or forms part of the property is ancillary to those non-residential premises;

(c) at the time at which the first point of marketing would have occurred (were sections 155 to 159 of the 2004 Act to apply but for this regulation), the seller does not intend to accept an offer to buy the property in isolation from any one of those non-residential premises; and

(d) the seller’s intention not to accept such an offer is clear from the manner in which the property is marketed.

Exception for dual use of a dwelling-house

30.  The duties under sections 155 to 159 of the 2004 Act do not apply in relation to a property where—

(a) the dwelling-house which is or forms part of the property was most recently used for both residential and non-residential purposes; and

(b) the manner in which it is marketed suggests that it is suitable for—

(i) non-residential use; or

(ii) both residential and non-residential use.

Exception for portfolios of properties

31.—(1) Subject to paragraph (2), the duties under sections 155 to 159 of the 2004 Act do not apply in relation to a property where—

(a) the dwelling-house which is or forms part of the property is to be sold with one or more other dwelling-houses;

(b) the other dwelling-houses mentioned in sub-paragraph (a)—

(i) are available for sale with vacant possession; and

(ii) are not dwelling-houses to which Part 5 of the 2004 Act applies by virtue of section 171(2) of that Act;

(c) at the time at which the first point of marketing would have occurred (were sections 155 to 159 of the 2004 Act to apply but for this regulation), the seller does not intend to accept an offer to buy any one of those dwelling-houses in isolation from another; and

(d) the seller’s intention not to accept such an offer is clear from the manner in which the dwelling-houses are marketed.

(2) Paragraph (1) does not apply where the other dwelling-houses mentioned in sub-paragraph (a) are ancillary to the dwelling-house.

Exception for unsafe properties

32.  The duties under sections 155 to 159 of the 2004 Act do not apply in relation to a property—

(a) which is unoccupied;

(b) whose condition poses a serious risk to the health or safety of its potential occupants or visitors; and

(c) where the manner in which the property is marketed suggests it is unsuitable for occupation in its condition.

Exception for properties to be demolished

33.—(1) The duties under sections 155 to 159 of the 2004 Act do not apply in relation to a property where—

(a) it is clear from the manner in which the property is marketed that—

(i) the dwelling-house which is or forms part of the property is suitable for demolition; and

(ii) the resulting site is suitable for re-development;

(b) all the relevant planning permissions, listed building consents; and conservation area consents exist in relation to the demolition; and

(c) 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)(c)(i), “outline planning permission” has the same meaning as in article 1(2) of the Town and Country Planning (General Development Procedure) Order 1995(32).

Exception – transitional arrangements

34.—(1) In this regulation, “transitional period” means the period starting with 1st June 2007 and ending with 31st December 2007.

(2) This regulation applies in relation to a property where—

(a) the property is put on the market by or on behalf of the seller before 1st June 2007;

(b) action taken at any time during the period starting with 1st June 2006 and ending with 31st May 2007 by or on behalf of the seller, made public the fact that the property was on the market;

(c) such action was taken with the intention of selling the property before 1st June 2007; and

(d) such action was sustained to a reasonable extent after it was put on the market, during the period starting with 1st June 2006 and ending with 31st May 2007.

(3) Subject to paragraph (5), a person is not a responsible person in relation to a property to which this regulation applies, by virtue of action taken during the transitional period, by or on behalf of the seller, which makes public the fact that the property is on the market(33).

(4) Subject to paragraph (5), the duties under sections 155 to 159 of the 2004 Act do not apply in relation to a property to which this regulation applies, which is put back on the market during the transitional period—

(a) after the seller had accepted an offer to buy the property (whether before, at or after 1st June 2007); and

(b) within 28 days of that offer being withdrawn or its acceptance repudiated.

(5) Paragraphs (3) and (4) cease to apply at the end of the transitional period.