- Latest available (Revised)
- Point in Time (08/11/2017)
- Original (As enacted)
Point in time view as at 08/11/2017. This version of this provision is prospective.
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Note: Point in time prospective is the latest available view of the legislation that includes by default all the prospective changes that might come into force.
Housing and Regeneration Act 2008, Section 292 is up to date with all changes known to be in force on or before 17 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Prospective
(1)In this Chapter—
“ancillary land”, in relation to a building, means any land intended to be occupied and enjoyed together with the building,
“appropriate national authority” means—
in relation to England, the Secretary of State, and
in relation to Wales, the Welsh Ministers,
“building” includes part of a building,
“modifications” includes omissions,
“prescribed” means prescribed by regulations made by the appropriate national authority,
“purchase”, in relation to a residential property, means acquire, or agree to acquire, by way of purchase a relevant interest in the property,
“purchaser”, in relation to a residential property, means a person who has—
made an offer to purchase it, or
purchased it,
“relevant interest”, in relation to a residential property, means—
the freehold interest in the property,
such leasehold interests as may be prescribed, or
an option to acquire the freehold interest or any such prescribed leasehold interest,
“residential property” means a building which is, or is intended to be, occupied as a separate dwelling (including one that is being designed or constructed or is to be constructed) and includes any ancillary land, but it does not include a newly converted residential property,
“sell”, in relation to a residential property, means—
dispose, or agree to dispose, by way of sale of a relevant interest in the property, or
offer such an interest for sale,
“sustainability”, in relation to residential properties, is to be read in accordance with section 280.
(2)Any reference in subsection (1) or (5) to the disposal of a relevant interest includes a reference to the creation of such an interest.
(3)For the purposes of this Chapter a person who is selling a residential property is to be treated as selling it as a new property if, at the time in question—
(a)the property is being designed,
(b)the property is being constructed, or
(c)the construction of the property has been finished but the property has never been occupied as a dwelling.
(4)For the purposes of this Chapter, the construction of a residential property is to be treated as finished if the property—
(a)is wind and weather proof,
(b)is safe and sanitary for any occupiers or visitors,
(c)has facilities for the supply of space heating, hot and cold water and electricity,
(d)has washing and drainage facilities, and
(e)meets any other prescribed requirements.
(5)For the purposes of this Chapter a sale is agreed—
(a)in the case of a legally binding agreement to dispose by way of sale, when the agreement is entered into, and
(b)in the absence of such an agreement, when the disposal is made.
(6)Any requirement imposed by virtue of section 279 to supply a certificate or statement—
(a)may be met by supplying a copy of the certificate or statement, and
(b)may be met by supplying the certificate or statement (or copy) in electronic form if the intended recipient consents to receiving it in that form.
(7)For the purposes of this Chapter a certificate, statement or copy supplied in electronic form is only to be treated as being received if the recipient is readily able (using equipment available to the recipient)—
(a)to view the document in a form that is legible, and
(b)to produce hard copies of it in a legible form.
(8)The sale or purchase of a residential property is not invalid merely because of a failure to comply with any requirement imposed by virtue of this Chapter.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: