Section: Home Ownership

New Regulations

Source: Office of Public Sector Information

The Home Information Pack (Revocation) Regulations 2007 SI 1525

These Regulations revoke the Home Information Pack Regulations 2006 and the Home Information Pack Regulations 2007 with effect from 31st May 2007.
The Home Information Pack (Redress Scheme) (Revocation) Order 2007 SI 1536

This Order revokes the Home Information Pack (Redress Scheme) Order 2007.
The Home Information Pack (No. 2) Regulations 2007 SI 1667

These Regulations prescribe the documents to be included in home information packs and the circumstances in which they are included (Parts 1 to 5 of the Regulations). They provide for exceptions and enforcement (Parts 6 and 7) and make further provision in relation to home condition reports (Parts 8 and 9).

The duties to have a home information pack which complies with these Regulations are found in sections 155 to 159 of the Housing Act 2004. The Regulations apply in England and Wales.

The Regulations make a distinction between "required" documents which must be included in home information packs and "authorised" documents which may be included. A pack must not include any documents not required or authorised (regulation 4) and advertising information must not be included (regulation 12).

Part 2 of the Regulations makes provision about the source and clarity of documents included in the original home information pack, and in copies of a pack.
The Housing Act 2004 (Commencement No. 8) (England and Wales) Order 2007 SI 1668 (C. 66)

This Order brings Part 5 of (and Schedule 8 to) the Housing Act 2004 into force in England and Wales on 1st August 2007.

These provisions relate to home information packs. They are being brought into force only in relation to residential properties with four bedrooms or more, other than properties to which regulation 17C of the Building Regulations 2000 (which imposes minimum energy performance requirements) applies.

Once in force, the provisions will apply to a residential property unless it is excepted under Part 6 of the Home Information Pack (No.2) Regulations 2007.
The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2007 SI 1669

These Regulations amend the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007 in relation to various requirements related to energy performance certificates and recommendation reports.

Regulation 3(4)(a) extends from 3 months to 12 months the validity of an energy performance certificate where the property is first marketed in circumstances where the Housing Act 2004 requires a home information pack.

Regulation 4(1) provides that in circumstances where, but for the temporary exception in regulation 34 of the Home Information Pack (No. 2) Regulations 2007, both a duty under section 155(1) or 159(2) of the Housing Act 2004 would apply to any person, and a duty under the principal regulations to make available a valid energy performance certificate to any prospective buyer or tenant would apply to the relevant person, the relevant person shall, before entering into a contract to sell or rent out a building, ensure that a valid energy performance certificate is given free of charge to the prospective buyer or tenant.
The Home Information Pack (Redress Scheme) (No.2) Order 2007 SI 1946

This Order requires estate agents in England and Wales to be members of an approved redress scheme for the purpose of dealing with complaints related to Home Information Packs. Before such an Order can be made the Secretary of State must have approved one or more redress schemes pursuant to section 173 of the Housing Act 2004, and details of every approved scheme are available on the Department for Business, Enterprise and Regulatory Reform website.

Section: Home Ownership

New Regulations

Legal Update

Reporting on May-July 2007

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