"the 2004 Act" means the Housing Act 2004;

(a) must include—


(i) the documents required under regulation 8 (including that regulation as modified by regulation 10); and

(ii) the particular information so required to be included in a pack document; and



(b) may include—



(i) the documents authorised under regulation 9 (including that regulation as modified by regulation 10); or

(ii) the particular information so authorised to be included in a pack document.

    (2) A home information must not include any other documents or information in a document.

    (3) A copy of a home information pack, or of a pack document provided to a potential buyer pursuant to section 156(1) of the 2004 Act, must be separated and clearly distinguished by the responsible person from documents or information which are—

(a) provided to a potential buyer in close proximity to the pack or pack document; and

(b) neither required nor authorised by these Regulations to be included in the pack.

(a) official copies included in the home information pack under regulation 8(c), 8(e) and 8(f); and

(b) a certificate of an official search of the index map included in the pack under regulation 8(d)(i).

    (2) The pack documents included under regulation 8(h)(i), 8(m), 8(n) and 8(o), (home condition reports and search reports) must be completed no earlier than three months preceding the first point of marketing.

    (3) All other pack documents—

(a) may be completed or dated earlier than three months preceding the first point of marketing; and

(b) with the exception of home condition reports included under regulation 8(j), must be such versions of the documents as can reasonably be assumed to be the most recent to the first point of marketing.

    (4) Where—

(a) a pack document has been amended at any time before its inclusion in the home information pack; and

(b) the amendment is not incorporated in the document,

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

(b) any dwelling-house where 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 all the relevant—


(i) planning permissions; and

(ii) 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) the content of a pack document, other than the home information pack index and the sale statement, fails to comply with any requirement of these Regulations; and

(b) the responsible person believes on reasonable grounds that the document does comply with that requirement.

(a) for ensuring that its members are fit and proper persons who are qualified (by their education, training and experience) to produce home condition reports;

(b) for ensuring that its members have in force suitable indemnity insurance;

(c) for facilitating the resolution of complaints against its members;

(d) for requiring home condition reports made by its members to be entered onto a register kept pursuant to any regulations made under section 165 of the 2004 Act;

(e) for the keeping of a public register of its members; and

(f) for requiring all members of all certification schemes as have been approved, to make home condition reports using a standard form for the type of dwelling-house which is or forms part of the property, which—


(i) includes the terms prescribed in paragraph 2 of Schedule 5;

(ii) includes a statement of the procedures for the resolution of complaints against members;

(iii) includes a statement of such procedures as the certification scheme maintains for rectifying inaccuracies in a particular home condition report; and

(iv) includes a numerical scale for rating the conditions within the property.

(a) consist of a list of all the documents included in the home information pack;

(b) be revised whenever a document is included in or removed from the pack;

(c) where regulation 15 or 17 applies, indicate—


(i) that a document otherwise required by these Regulations is missing from the pack;

(ii) specify which document it is; and

(iii) the reason why it is missing; and



(d) where regulation 15 applies, indicate such steps as are being taken to obtain the document.

Authorised matters
     2. A home information pack index may indicate where a particular pack document can be found in the home information pack.

(a) the address or proposed address of the property;

(b) whether the property interest is—


(i) a freehold interest other than a freehold estate in commonhold land;

(ii) a freehold estate in commonhold land; or

(iii) a leasehold interest;



(c) whether at the first point of marketing—



(i) the property or the land on which the property is or will be situated is a registered estate; or

(ii) the title to the property or the land on which the property is or will be situated is not entered in the register of title;



(d) the name of the seller, and the capacity in which they are selling the property;

(e) whether the property—



(i) is being sold entirely with vacant possession; or

(ii) is a property to which Part 5 of the 2004 Act applies by virtue of section 171(2) of that Act; and



(f) if it is a property to which Part 5 of the 2004 Act applies by virtue of section 171(2) of that Act, the nature of any lack of vacant possession.

(a) an official copy of such of the following documents, as are kept by the Chief Land Registrar—


(i) the individual register and title plan relating to the common parts; and

(ii) the commonhold community statement referred to in that register;



(b) except where they are described in the commonhold community statement, such regulations or rules as are made for the purposes of managing the commonhold by the—



(i) commonhold association;

(ii) such managing agents as are appointed, or proposed by the commonhold association to manage the commonhold; or

(iii) such other persons as manage or are likely to manage the commonhold,

     and their predecessors (if any); and



(c) the most recent requests for payment or financial contribution where made in respect of the property, relating to the 12 months preceding the first point of marketing, towards such of the following as are relevant to the property—



(i) commonhold assessment;

(ii) reserve funds;

(iii) insurance against damage for the common parts (if made separately to the requests relating to commonhold assessment included under sub-paragraph (i)); and

(iv) insurance for any person in respect of personal injury or death caused by or within the common parts (if made separately to the requests relating to commonhold assessment included under sub-paragraph (i)).

    (2) Except for the documents specified in paragraph (a), the documents required by sub-paragraph (1) are only those which are in the seller's possession, under his control or to which he can reasonably be expected to have access, taking into account the enquiries that it would be reasonable to make of—

(a) the unit-holder (unless the seller is the unit-holder); and

(b) the persons described in sub-paragraph (1)(b)(i) to (iii) and their predecessors (if any).

Required commonhold information
     2. —(1) Subject to sub-paragraph (2), the matters referred to in regulation 8(e)(ii) are—

(a) the names and addresses of—


(i) such managing agents as are appointed, or proposed by the commonhold association to manage the commonhold; and

(ii) such other persons as manage or are likely to manage the commonhold;



(b) such amendments as are proposed to the following—



(i) the commonhold community statement; and

(ii) the regulations or rules described in paragraph 1(1)(b) of this Schedule; and



(c) a summary of such works as are being undertaken or proposed, affecting the property or the common parts.

    (2) The information required by sub-paragraph (1) is only that which the seller can reasonably be expected to be aware of, taking into account the enquiries that it would be reasonable to make of—

(a) the unit-holder (unless the seller is the unit-holder); and

(b) the persons described in paragraph 1(1)(b)(i) to (iii) of this Schedule and their predecessors (if any).

Authorised commonhold information
     3. The matters referred to in regulation 9(g) are—

(a) the commonhold community statement;

(b) the rights or obligations of the unit-holder under the commonhold community statement or otherwise, including whether the unit-holder has complied with such obligations;

(c) the rights or obligations of the commonhold association under the commonhold community statement or otherwise, including whether it has complied with such obligations;

(d) the commonhold association and any information that might affect the unit-holder's relationship with it;

(e) any agent of the commonhold association or other manager of the property and any information that might affect the unit-holder's relationship with such persons;

(f) the membership of the commonhold association;

(g) the status or memorandum and articles of association of any company related to the management of the property or the commonhold;

(h) any commonhold assessment payable for the property, including whether payments for such assessment are outstanding;

(i) any reserve fund levy relating to the property or the commonhold, including whether payments for such levies are outstanding;

(j) any planned or recent works relating to the property or the commonhold;

(k) responsibility for insuring the property or the commonhold, including the terms of such insurance and whether payments relating to it are outstanding; and

(l) any lease or licence of the property.

Creation of commonhold interests
     4. The matters referred to in regulation 10(2)(e) are—

(a) the terms of the commonhold community statement that will or is expected to apply in relation to the property interest once it has been registered as a freehold estate in commonhold land; and

(b) estimates of the payment or financial contribution likely to be required of the unit-holder within 12 months of completion of the sale of the interest towards—


(i) commonhold assessment;

(ii) reserve funds;

(iii) insurance against damage for the common parts (if not to be included in contributions towards commonhold assessment); and

(iv) insurance for any person in respect of personal injury or death caused by or within the common parts (if not to be included in contributions towards commonhold assessment).

(a) must be made by a home inspector following an inspection carried out by him in accordance with the provisions of such approved certification schemes of which he is a member; and

(b) must be entered onto a register kept pursuant to any regulations made under section 165 of the 2004 Act.

Terms for the preparation of a home condition report
     2. A home inspector must prepare a home condition report on the following terms without exclusion or limitation—

(a) that the report will be prepared with reasonable care and skill;

(b) that the home inspector will provide in the report an objective opinion about the condition of the property;

(c) that such an opinion will be based on his inspection;

(d) that the home inspector will identify in the report such conditions within the property as appear to—


(i) be defects that are serious or require urgent attention, or both;

(ii) give rise to repair or replacement; or

(iii) give rise to further investigation;



(e) that a responsible person may copy or issue a copy of the report for the purposes of complying with—



(i) regulations 5, 6, 8(h)(i), 8(j) and 21; and

(ii) section 156(1), (2) and (11) of the 2004 Act; and



(f) that any person may do one or more of the following for the purposes of a disclosure or other act authorised by regulations made under section 165 of the 2004 Act—



(i) copy a report;

(ii) issue a copy of a report;

(iii) rent or lend a report;

(iv) communicate a report; or

(v) make an adaptation of a report or do any of the above in relation to an adaptation.

Third party contractual rights in relation to home condition reports
     3. A home inspector must prepare a home condition report on terms enabling the provisions of the contract under which the report is prepared to be enforced in relation to the terms mentioned in paragraph 2 of this Schedule, by the following persons in their own right (whether or not they are a party to such a contract)—

(a) the seller;

(b) a potential or actual buyer of the property interest; and

(c) a mortgage lender in respect of the property interest.

Inclusion of additional or more favourable terms for home condition reports
     4. A home inspector may prepare a home condition report on any of the following—

(a) terms additional to those described in paragraphs 2 and 3 of this Schedule (but without excluding or limiting them); and

(b) terms more favourable to—


(i) the seller;

(ii) a potential or actual buyer of the property interest; or

(iii) a mortgage lender in respect of the property interest,

     than those described in paragraphs 2 and 3 of this Schedule.

Less favourable terms
     5. Any home condition report which contains terms less favourable to—

(a) the seller;

(b) a potential or actual buyer of the property interest; or

(c) a mortgage lender in respect of the property interest,

than those required by this Schedule does not comply with the requirements of this Schedule.

Completion of home condition reports by home inspectors
     6. A home condition report must be completed by a home inspector so as to contain his record of the following information—

(a) his name;

(b) whether he has or is likely to have any personal or business relationship with any person involved in the sale of the property;

(c) the reference number or code against which the report is registered under paragraph 1(b) of this Schedule;

(d) the names of such approved certification schemes as of which he is a member and in which capacity the report is made;

(e) such membership numbers or codes as have been allocated to him by those schemes;

(f) the name and address of his employer, or if he is self-employed, the name under which he trades;

(g) the date of the inspection and the date the report is completed;

(h) the address of the property;

(i) the year of building of the property or, if this cannot be ascertained by him, his estimate of the year of building;

(j) the number of—


(i) storeys or levels in the property; and

(ii) rooms on each storey or level of the property;



(k) such provision as has been made for the parking of vehicles relating to occupants of or visitors to the property;

(l) such utility services as are connected to the property and the condition of their visible parts;

(m) if the property is situated in a flat or maisonette—



(i) the number of storeys or levels of the building in which the flat or maisonette is situated;

(ii) the number of flats and maisonettes in that building or, if this cannot be ascertained by him, his estimate of the approximate number of flats and maisonettes;

(iii) whether the building contains a passenger lift to the storey or level on which the property is situated;

(iv) the general condition of such areas that lead to the property as are common to both it and any neighbouring premises; and

(v) the general condition of the building in which the flat or maisonette is situated;



(n) risks to the health or safety of the property's occupants or visitors, so far as he can ascertain them;

(o) the condition of the outside parts of the property including such—



(i) roof coverings;

(ii) rainwater pipes and gutters;

(iii) chimney stacks; and

(iv) walls, doors and windows,

     as relate to the property;



(p) the condition of the inside parts of the property including—



(i) roof structures accessible directly from the property;

(ii) ceilings and floors;

(iii) internal walls; and

(iv) kitchen and bathroom fittings,

     and whether their appearance suggests that they have been materially affected by dampness;



(q) the general condition of such outbuildings as are part of the property;

(r) the energy performance of the property, including an energy performance certificate;

(s) whether any parts of the property to which he would normally expect to have access were not accessible to him on the day of the inspection; and

(t) any other provision required by an approved certification scheme of which he is a member and in which capacity the report is made.

Conduct of inspections
     7. Nothing in this Schedule shall be construed as requiring a home inspector to—

(a) inspect such parts of the property as are not reasonably accessible on the day of the inspection; or

(b) move furniture, fittings or personal items at the property during an inspection.

Prohibition on personal and security information
     8. A home condition report must not contain any of the following—

(a) information or data from which another living individual can be identified from the report;

(b) any expression of opinion about a living individual; or

(c) information about security features at the property and, in particular, burglar alarm systems, safes or locks.

"annual increment" means a compound increase occurring each 12 months after the commencement date, the increase being based on the lower of—

(a) the rate of inflation in re-building residential premises; or

(b) a rate of 10% ;

"common parts" means such common parts—

(a) as relate to the property;

(b) as are shared with other premises; and

(c) as are built or converted by the developer together with the property;

"commencement date" means the day the new homes warranty commences;

"continuous structures" means premises that share common foundations;

"damage" includes water ingress;

"financial compensation" relates to the actual costs incurred in the carrying out of remedial work to the property by a person other than a warranty provider;

"policy-holder" means—

(a) the owner of the property for the time being; and

(b) the party to the new homes warranty for the time being (not being a warranty provider);

"structural features" means—

(a) foundations;

(b) walls bearing normal residential loads;

(c) non load-bearing partition walls;

(d) wet-applied wall plaster;

(e) external render and vertical tile hanging;

(f) load-bearing parts of roof;

(g) tile and slate coverings to pitched roofs;

(h) ceilings;

(i) load-bearing parts of floors;

(j) staircases and internal floor decking and other floor screeds intended to support normal residential loads;

(k) retaining walls necessary for structural stability of the property;

(l) double or triple glazed panes to external windows and doors;

(m) under-ground drainage that the policy-holder is responsible for maintaining; and

(n) chimneys and flues;

"warranty period" means the period of time during which the new homes warranty exists; and

"warranty provider" is any person who does one or more of the following—

(a) offers the new homes warranty to an owner or potential owner of the property;

(b) effects the contract of insurance which is the subject of the new homes warranty;

(c) carries out such a contract;

(d) deals with such a contract as an agent;

(e) makes arrangements for another person (whether as principal or agent) to buy, sell, subscribe for or underwrite such a contract;

(f) makes arrangements with a view to a person who participates in such arrangements buying, selling, subscribing for or underwriting such a contract (whether as principal or agent);

(g) assists in the administration and performance of such a contract;

(h) advises a person (in that person's capacity as a policy-holder or potential policy-holder) on the merits of such a contract; or

(i) agrees to carry out any of the activities specified in sub-paragraphs (a) to (h), and

where there is more than one warranty provider in relation to a particular new homes warranty, "warranty provider" refers to any of those persons.

New homes warranties – general
     2. —(1) A new homes warranty complies with this Schedule if it—

(a) is made under the arrangements described in Part 2; and

(b) contains, as a minimum, the terms described in Part 3, although the term described in paragraph 10 must only be included where the new homes warranty makes provision for a developer's obligations to the policy-holder.

    (2) Any warranty dealing with any defects in the design, building, or completion of the property, which contains—

(a) terms additional to those described in Part 3 of this Schedule (without excluding or limiting them); or

(b) terms more favourable to the policy-holder than those described in Part 3,

may be regarded as complying with this Schedule.

    (3) A new homes warranty may be regarded as complying with this Schedule if it contains—

(a) any of the limits described in Part 4; or

(b) any limits of a type described in that Part, but which are more favourable to the policy-holder.

    (4) Any new homes warranty which contains terms less favourable to the policy-holder than those described in Part 4 does not comply with this Schedule.

    (5) The undertakings described in Part 3 of this Schedule must be made in the new homes warranty by a warranty provider.

(a) a certificate confirming the existence of the new homes warranty and the commencement date; and

(b) a document setting out all the terms of the new homes warranty.

Transfer of cover to future owners
     8. The new homes warranty must be capable of being transferred during the warranty period—

(a) by a current policy-holder to a subsequent owner of the property; and

(b) no payment or consideration in kind must be charged to anyone for doing so.

Cover for design and building
     9. Under the new homes warranty, a warranty provider must undertake that—

(a) £500,000 plus the annual increment; or

(b) the value of the property at the time the sale of the property was completed plus the annual increment.

    (3) Where the property forms part of a continuous structure, the total amount of any payments, financial compensation or costs of remedial work arising under all the related new homes warranties may be limited to £10,000,000 plus the annual increment in relation to all the premises which form part of the continuous structure.

Permitted limits for converted premises
     16. —(1) This paragraph applies to a property where the most recent use of the premises, is or was a primarily non-residential use, and it is due to be converted to a residential property by the time the sale is completed.

    (2) The total amount of any payments, financial compensation or costs of remedial work arising under the new homes warranty may, in relation to the property be limited to—

(a) £250,000 plus the annual increment; or

(b) the value of the property at the time the sale of the property was completed plus the annual increment.

    (3) Where the property forms part of a continuous structure, the total amount of any payments, financial compensation or remedial work arising under all related new homes warranties may be limited to £5,000,000 plus the annual increment in relation to all the premises which form part of the continuous structure.

Permitted excesses
     17. —(1) Subject to sub-paragraph (2), the new homes warranty may contain either or both of the following terms—

(a) a term requiring a contribution to be paid by the policy-holder in relation to any claims made under the new homes warranty; or

(b) a term requiring a minimum financial value to any claims made by the policy-holder under the warranty.

    (2) The contribution or value required in each of the sub-paragraphs (1)(a) or (b) must be no more than £1,000 plus the annual increment.

Permitted limits on cover for costs of alternative accommodation
     18. The costs and expenses payable by a warranty provider under paragraph 13 of this Schedule may be limited to those that are reasonably and necessarily incurred.

Permitted limits on cover for professional fees
     19. The fees payable by a warranty provider under paragraph 14 of this Schedule may be limited to either or both of the following—

(a) those that are reasonably and necessarily incurred; or

(b) those other than fees incurred by the policy-holder in investigating or preparing a claim under the new homes warranty.

(a) a statement of the day or the predicted day on which the property is likely to be physically complete;

(b) a statement of whether the property will be—


(i) a house;

(ii) a bungalow;

(iii) a flat; or

(iv) a maisonette.



(c) if the property will be a house or bungalow, a statement of whether it will be—



(i) detached;

(ii) semi-detached; or

(iii) terraced;



(d) if the property will be a flat or maisonette, a statement of—



(i) the total number of floors in the building;

(ii) the total number of the flats or maisonettes in the building;

(iii) whether there will be a lift to the floor on which the entrance to the property will be situated;



(e) a statement of the approximate total useable floor area in the property (in square metres);

(f) a description of the proposed methods of building (including any trade names for the materials described);

(g) a description of the materials used or to be used in the outside parts of the property;

(h) a description of the heating and hot-water systems to be used for the property;

(i) a description of the standards to which the garden or other land being sold with the property will be finished;

(j) a statement as to whether any land on the site has been or will be brought up to the level of the surrounding area artificially;

(k) a statement as to whether a new homes warranty complying with Schedule 6 has been offered for the building, completion or conversion of the property and whether the property will qualify for such a warranty; and

(l) if the property will not qualify for such a warranty, a statement of the name and qualifications of the person monitoring the building, completion or conversion of the property.

Attachments
     2. A report on a home not physically complete must attach—

(a) a plan (to a scale of not less than 1:1250) showing the location and actual or approximate boundaries of the property (with the length of the boundaries indicated in metres) as it will be once it is completed, and marking—


(i) neighbouring buildings and structures, and surrounding land; and

(ii) the roads, public highways and footpaths that serve or will serve the property;



(b) a plan (to a scale of not less than 1:100) showing the layout and actual or approximate height, width and length (in metres) of each of the proposed rooms in the property; and

(c) a predicted energy performance certificate for the property.

(a) the address of the premises in respect of which the search is conducted;

(b) a statement of whether the following persons have, or are likely to have, any personal or business relationship with any person involved in the sale of the property—


(i) a person who conducted the search; and

(ii) a person who prepared the search report;



(c) subject to Schedules 9 and 10, such enquiries as formed the basis of the search and the information sought;

(d) subject to paragraph 3 of this Schedule, the results of the search;

(e) the date the search was completed;

(f) a description of the records searched, and who they are held by;

(g) if the records searched are derived from other records, a description of those other records and whom those other records are held by;

(h) a description of how relevant documents can be obtained (if they are not included in the home information pack);

(i) the names and addresses of the parties to the arrangements—



(i) under which the search was conducted; and

(ii) if different, under which the search report was prepared;



(j) the name of the persons liable in each of the following events—



(i) any negligent or incorrect entry in the records searched;

(ii) any negligent or incorrect interpretation of the records searched; and

(iii) any negligent or incorrect recording of that interpretation in the search report;



(k) a description of such complaints or redress procedures as exist in relation to the report; and

(l) the terms on which the report is made, including—



(i) the terms described in paragraphs 4, 5 and 6 of this Schedule; and

(ii) the names of the persons who are liable to make the payments described in paragraph 6(b) and 6(c) of this Schedule.

Additional search information
     2. A search report complying with this Schedule may contain or be accompanied by documents containing all or any of the following information—

(a) information which identifies the search or the search report;

(b) information which explains the results of the search, the search report or the enquiries or matters to which the results of the search relate; and

(c) information which identifies services or features local to the property, but not including any advertising or marketing information about them.

Unavailable search results
     3. The results of the search included in a search report under paragraph 1(d) of this Schedule must not fail to answer such enquiries as formed the basis of the search, nor fail to give the information originally sought, unless—

(a) a record from which the answer or result could be deduced is not held by or obtainable under any circumstances from—


(i) a local authority in the case of a search report required by regulation 8(m)(ii) or 8(n), or authorised by regulation 9(k)(i); or

(ii) any person in the case of any other search report, and



(b) a statement is also included in the search report indicating—



(i) that a particular result is not included; and

(ii) the reason under sub-paragraph (a) for failing to include the result.

(a) that the search report will be prepared with reasonable care and skill; and

(b) that a responsible person may copy or issue a copy of the report for the purposes of complying with any of the following provisions—


(i) regulations 5, 6, 8(m)(ii), 8(n), 8(o) and 21; and

(ii) section 156(1), (2) and (11) of the 2004 Act.

Third party contractual rights in relation to search reports
     5. The person preparing a search report required by regulation 8(m)(ii), 8(n) or 8(o) must do so on terms enabling the provisions of the contract under which the report is prepared—

(a) to be enforced in relation to the terms mentioned in paragraph 4 of this Schedule, by—


(i) the seller;

(ii) a potential or actual buyer of the property interest; and

(iii) a mortgage lender in respect of the property interest; and



(b) to be enforced by such persons in their own right, whether or not they are a party to such a contract.

Insurance cover for third party contractual rights
     6. The person preparing the search reports required by regulation 8(n) or 8(o) must do so on terms ensuring that—

(a) any liability of any type arising under paragraph 5 of this Schedule is the subject of a contract of insurance against such risk effected by, and to be carried out by persons so authorised for the purposes of the Financial Services and Markets Act 2000;

(b) any liability for financial loss arising under paragraph 5 of this Schedule will be met by financial compensation to be paid by a person (other than the persons described in paragraph 5(a)(i) to (iii) of this Schedule) who is—


(i) a party to the contract of insurance; or

(ii) another person involved in the sale of the property; and



(c) such financial compensation is paid by a person mentioned in sub-paragraph (a), if any person mentioned in sub-paragraph (b) fails to pay it (or no longer exists and has no successor).

Permitted limit on liability for financial loss
     7. The amount of the financial compensation referred to in paragraph 6(b) of this Schedule may be limited to the amount the potential or actual buyer reasonably believed to be the value of the property interest—

(a) at the time the search report was completed; and

(b) as used for residential purposes.

Inclusion of additional or more favourable terms for required search reports
     8. A person may prepare the search reports required by regulation 8(m)(ii), 8(n) or 8(o) on any of the following terms—

(a) terms additional to those described in paragraphs 4, 5 and 6 of this Schedule (without excluding or limiting them); and

(b) terms more favourable to—


(i) the seller;

(ii) a potential or actual buyer of the property interest; or

(iii) a mortgage lender in respect of the property interest,

     than those described in paragraphs 4, 5 and 6 of this Schedule.

Less favourable terms