Office of Public Sector Information

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Home Information Pack (No. 2) Regulations 2007 (“the principal Regulations”). Under sections 155 to 159 of the Housing Act 2004, a home information pack must comply with the principal Regulations.

Regulation 2 adds new paragraphs (ca) and (cb) to regulation 8 of the principal Regulations and a new schedule, Schedule 2A. The effect of these amendments is to require that for new homes in England, a home information pack must include information about the sustainability of the property. For new homes that are “finished” within the meaning of Schedule 2A, this information must be a “sustainability certificate” or a “nil-rated certificate”. For new homes that are not finished, this must be an “interim sustainability certificate” or a nil-rated certificate. Under paragraph 1 of new Schedule 2A, a sustainability certificate or interim sustainability certificate must be based on an assessment as to the sustainability of the property in accordance with the Code for Sustainable Homes. “Sustainability” relates to the extent to which the materials, design and components of the property further the “sustainable design principles”, which are set out in paragraph 1 of Schedule 2A. Sustainability certificates and interim sustainability certificates must be produced by a Code Assessor as defined in Schedule 2A (paragraphs 1, 2 and 3). Any person may produce a nil-rated certificate (paragraph 4).

Regulation 3 contains a number of amendments to the principal Regulations which are consequential upon regulation 2.

Regulation 4 amends the principal Regulations to extend until 1st January 2009 the exemption in paragraph 4 of Schedule 6 relating to searches and access to local authority records.