See our guide to Home Information Pack Explained >
A home must be marketed with a Pack at the time the property is put up for sale. Providing reasonable attempts have been taken, in certain circumstances the property can be marketed with an incomplete Pack – this is defined in the regulations. As part of the Dry-run, however, The Government will be testing various options, including allowing marketing to begin if sellers have already commissioned their Pack, rather than having to wait up to 14 days.
The Home Information Pack is valid whilst the home is continuously marketed for sale, and the Regulations allow for a period where the property might be taken off the market whilst, for example it is under offer or to allow a seller to change agents.
The main time-sensitive items in the Home Information Pack are the local searches. These are generally acknowledged to be valid for six months. The majority of sales complete within six months under the current process and the Government expect the Home Information Pack to shorten the time between offer acceptance and exchange of contracts.
None of the Home Information Pack components will have an expiry date. The main required item in the Home Information Pack that is time-sensitive is local searches.
The competent provider is liable for any misinformation within the pack. For example, a Search provider for searches, Home Inspectors for Home Condition Reports, Seller for property information form, etc.
There is no requirement or authorisation to include in the pack a legal assessment of the pack contents, so this isn’t something that could be included in the Pack, but there’s nothing to prevent such assessments being provided alongside it.
Yes. People buying at auction need reliable information just as much as anyone else. Is there an impact for Right to Buy properties and who would have responsibility for it?
Right to Buy properties are excluded from Home Information Pack legislation as the property is not being openly marketed. However, the Department for Communities and Local Government is examining the scope for adopting Home Information Pack principles for such sales and thereby providing reassurance to people exercising their Right to Buy.
The Government is working with stakeholders to facilitate the voluntary take up of the full Home Condition Report. The Government have set out the steps that it will be taking to facilitate the voluntary take up of HCRS. Mandatory Home Condition Reports will remain an option if the industry fails to make a success of the take-up of voluntary Home Condition Reports.
Only Inspectors qualifying under a Certification Scheme approved by the Secretary of State will be able to prepare Home Condition Reports. The schemes will be responsible for monitoring and auditing Inspectors’ work. This will be robust to ensure that standards are maintained. The Home Condition Report can be legally relied on by buyer, seller and lender. To ensure that consumers are protected, Inspectors will need to have suitable insurance. Certification Schemes will be required to check that the Home Inspector is insured for each Home Condition Report undertaken. If Inspectors fail to maintain the correct standard or act in a way that is partial to one party, their certification will be removed, and along with that their ability to produce Home Condition Reports.