The Home Information Pack Regulations 2006

PART 4 ASSEMBLY AND ACCURACY OF HOME INFORMATION PACKS

Time at which pack documents are to be included

13.—(1) Subject to regulations 15 and 17, the documents required by these Regulations to be included in the home information pack under regulation 8 (including that regulation as modified by regulation 10) must be included before the first point of marketing.

(2) The pack documents authorised by these Regulations to be included in the home information pack under regulation 9 (including that regulation as modified by regulation 10) may be included at any time.

Age of pack documents when first included

14.—(1) The following pack documents must be dated no earlier than three months preceding the first point of marketing—

(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,

that amendment must be included in the pack.

Required pack documents which are unavailable before the first point of marketing

15.—(1) This regulation applies—

(a) where regulation 17 does not apply; and

(b) to the pack documents required to be included in the home information pack under any of paragraphs (d)(ii) to (o) of regulation 8, except paragraph (l) (report on a home not physically complete).

(2) If, despite all reasonable efforts and enquiries by the responsible person, a pack document to which this regulation applies cannot be obtained by him before the first point of marketing, but he believes on reasonable grounds that it is likely to become available afterwards—

(a) the home information pack complies with the requirements of these Regulations where—

(i) he continues to use all reasonable efforts to obtain the document; and

(ii) the first point of marketing occurs no earlier than the end of the period of 14 days starting with the day a request for the document is delivered; and

(b) the document must be included in the home information pack as soon as reasonably practicable.

(3) The time the document is included under paragraph (2)(b) 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 in relation to the sale under regulation 3(4).

(4) In paragraph (2)(a)(ii)—

(a) the reference to a request is to a request properly addressed to a person who usually provides or is likely to provide such a document, and which is—

(i) made in such form;

(ii) contains all such information; and

(iii) includes such payment or an undertaking to make such payment,

• as is usually necessary to obtain that document; and

(b) the reference to the day a request for a document is delivered shall be construed in accordance with regulation 16.

Delivery of documents under regulation 15

16.—(1) Subject to paragraphs (2) and (3), the day a request for the document is delivered is for the purposes of regulation 15(2)(a)(ii), depending on the method of delivery—

(a) the day the request is served personally on the intended recipient;

(b) the day it would be delivered to the intended recipient’s address in the ordinary course of post or (if sooner), the day on which it is proved to have been actually delivered;

(c) the day it is left at the intended recipient’s address;

(d) the second day after it is left at the document exchange of the person making the request or (if sooner), the day on which it is proved to have been actually delivered; or

(e) the day it is sent by fax or electronic communication to the intended recipient’s address or (if later), the day on which it is proved to have been actually delivered.

(2) Subject to paragraph (3), where a request for a document is delivered to the Chief Land Registrar, the day the request is delivered is for the purposes of regulation 15(2)(a)(ii), the day it is delivered in accordance with, or under, the Land Registration Act 2002(1)—

(a) personally;

(b) by post, and is the day it would be delivered to the Chief Land Registrar in the ordinary course of post or (if sooner), the day on which it is proved to have been actually delivered;

(c) by document exchange, and is the second day after it is left at the document exchange of the person making the request or (if sooner), the day on which it is proved to have been actually delivered;

(d) orally; or

(e) by telephone, fax or other electronic method.

(3) Where a request for a document—

(a) is made in parts, the day the request is delivered is the day the last part is delivered;

(b) is delivered more than once, the day the request is delivered is the first day on which a request is delivered; and

(c) is delivered using more than one method of delivery, the day the request is delivered is the first day on which a request is delivered.

(4) In paragraph (1)(a), a document is served personally—

(a) on an individual by leaving it with that individual;

(b) on a business by leaving it with an employee or owner of the business; and

(c) on any other body of persons corporate or unincorporate by leaving it with an employee or member of that body.

(5) References to a recipient’s address—

(a) in paragraphs (1)(b) and (c) are if the intended recipient is an individual—

(i) to his usual or last known residence; or

(ii) if his usual or last known residence is the property, to that address and an address (if any) at which it can reasonably be assumed he will be contacted;

(b) in paragraph (1)(b) and (c), are if the intended recipient is a business or other body, to any principal or last known place of business from which the document requested is usually or likely to be provided; and

(c) in paragraph (1)(e), is to any electronic address, identification or number published or provided by the intended recipient for the purposes of supplying the document requested.

Required pack documents which are unobtainable

17.—(1) The provisions of regulation 8 specified in paragraph (2) do not apply where, after making all reasonable efforts and enquiries, the responsible person believes on reasonable grounds that the document in question—

(a) no longer exists in any form; or

(b) cannot be obtained from or created by any person.

(2) The provisions of regulation 8 referred to in paragraph (1) are paragraphs (d)(ii), (e), (f), (g) or (i).

Updating of required pack documents

18.—(1) This regulation applies to any document included in a home information pack under regulation 8 (including that regulation as modified by regulation 10).

(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 9(a), 9(b) or 9(c) or include a further version of such translations, additional versions, summaries or explanations; and

(c) subject to paragraph (4), remove such documents as have been wholly superseded by a document included under sub-paragraphs (a) or (b).

(3) The time 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 in relation to the sale under regulation 3(4).

(4) Nothing in paragraph (2)(c) authorises a person to remove from a pack a home condition report complying with Schedule 5 (or any part of such a report), unless it has been included in contravention of regulation 11.

Inclusion of home condition reports or energy performance certificates following physical completion

19.—(1) If the property is not physically complete before the first point of marketing, and becomes so after that time, but before the sale is completed, the responsible person must include in the home information pack—

(a) either or both of the following—

(i) a home condition report which complies with Schedule 5; or

(ii) the terms of a new homes warranty which has not commenced, which otherwise complies with Schedule 6 and to which the property is expected to be subject, together with the document described in paragraph 4 of that Schedule (cover note); and

(b) the energy performance certificate for the property where—

(i) a home condition report complying with Schedule 5 is not included in the home information pack under paragraph (1)(a)(i); or

(ii) such a certificate is obtained in addition to such a report which is so included and is dated later than any such report.

(2) A document required to be included in the pack under paragraph (1)(a) or (b) must be so included within the period of 14 days starting with the day the property becomes physically complete.

(3) Where such documents are included, a document included in the pack under regulation 8(l) (report on a home not physically complete) must be removed.

Updating of authorised pack documents

20.—(1) This regulation applies to any document included in a home information pack under regulation 9 (including that regulation as modified by regulation 10).

(2) A responsible person may—

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

(b) subject to paragraph (4), remove such documents as have been wholly superseded by a document or version included under sub-paragraph (a).

(3) The time 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 in relation to the sale under regulation 3(4).

(4) Nothing in paragraph (2)(b) authorises a person to remove from a pack a home condition report complying with Schedule 5 (or any part of such a report), unless it has been included in contravention of regulation 11.

Seller’s check of the home information pack

21.  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.

(1)

An application for an official copy of an individual register, for an official copy of any title plan referred to in an individual register, for an official copy of a document referred to in the register and kept by the Chief Land Registrar and for an official copy of an exempt information document made under Part 13 of the Land Registration Rules 2003 may be delivered by post, document exchange or personal delivery to the proper office of the Land Registry as designated by the Land Registration (Proper Office) Order 2003 (S.I.2003/2040) (as amended by the Land Registration (Proper Office) Order 2005 (S.I.2005/1765)). Under rule 132 of the Land Registration Rules 2003, an application for an official copy under Part 13 of those Rules may also be delivered by any other means of communication during the currency of a relevant notice given under Schedule 2 to the Land Registration Rules 2003, and subject to and in accordance with the limitations contained in that notice. Current notices provide for oral delivery and delivery by telephone, fax and on-line.