The Home Information Pack (No. 2) Regulations 2007

Required pack documents

8.  Subject to regulations 10, 11, 12 and Parts 4 and 5, the home information pack must include the following—

(a) an index to the home information pack complying with Schedule 1 (the home information pack index);

(b) an energy performance certificate and its accompanying recommendation report for a property which is physically complete before or at the first point of marketing;

(c) a predicted energy assessment complying with Schedule 2 if the property is not physically complete before or at the first point of marketing;

(d) a document complying with Schedule 3 (the sale statement);

(e) if the property interest is or includes the whole or part of a registered estate—

(i) an official copy of the individual register relating to that estate; and

(ii) an official copy of the title plan relating to that estate;

(f) if the property interest is or includes the whole or part of an estate, the title to which is not entered in the register of title—

(i) a certificate of an official search of the index map issued under rule 145(4) of the Land Registration Rules 2003 in relation to the parcel of land to which the property interest relates; and

(ii) such other documents on which the seller can reasonably be expected to rely in order to deduce title to that estate for the purposes of its sale;

(g) if the property interest is or includes the whole or part of a freehold estate in commonhold land—

(i) the documents described in paragraph 1 of Schedule 4; and

(ii) documents consisting of or containing information about the matters described in paragraph 2 of that Schedule;

(h) if the property interest is or includes the whole or part of a leasehold interest—

(i) the documents described in paragraph 1 of Schedule 5; and

(ii) documents consisting of or containing information about the matters described in paragraph 2 of that Schedule;

(i) if the property interest is or includes the whole or part of an interest in dwelling-houses to which Part 5 of the 2004 Act applies by virtue of section 171(2) of that Act, such leases(1) or licences—

(i) to which the dwelling-houses are subject or are expected to be subject at the time of, or following completion of the sale of the property interest(2); and

(ii) as have not been included in the pack under paragraph (h) of this regulation;

(j) a search report which relates to the property and which records the results of a search of all parts of the appropriate local land charges register—

(i) in the form of an official search certificate, in the case of an official search made pursuant to section 9 of the Local Land Charges Act 1975(3); or

(ii) in any other form but made in accordance with Parts 1 and 2 of Schedule 6, in the case of a personal search made pursuant to section 8 of that Act(4);

(k) a search report which—

(i) is made in accordance with Parts 1 and 2 of Schedule 6 and with Schedule 7; and

(ii) records the results of a search of records held by or derived from a local authority (local enquiries); and

(l) a search report which is made in accordance with Parts 1 and 2 of Schedule 6 and with Schedule 8 (drainage and water enquiries).

(1)

In this case, “lease” does not only mean a long lease - see regulation 3(1).

(2)

Under section 160 of the Housing Act 2004, the duties under sections 155 to 159 do not apply to a residential property at any time when it is not available for sale with vacant possession. However, under section 171(2) of the Housing Act 2004, Part 5 applies where two or more dwellings in sub-divided building are marketed for sale (with any ancillary land) as a single property and one or more is not available for sale as a separate property, but is available with vacant possession.

(3)

1975 c. 76. Section 9 is amended by section 15 of and Schedule 4 to the Constitutional Reform Act 2005 (c. 4) in relation to fees in England and Wales. Sub-section (2) is repealed by sections 158 and 194 of and Schedule 12 to the Local Government and Housing Act 1989 (c. 42).

(4)

Section 8 is amended by section 34 of the Local Government (Miscellaneous Provisions) Act 1982 (c. 30).