PART 9HOME CONDITION REPORT REGISTER

CHAPTER 2ARRANGEMENTS FOR KEEPING THE REGISTER

Registration of home condition reports41

Each home condition report entered onto the register—

a

shall be registered under a report reference number; and

b

shall not be altered once so registered.

Retention of home condition reports42

1

Subject to paragraph (2), a home condition report entered onto the register must be cancelled from the register in the event that a person operating an approved certification scheme informs the keeper of the register that there is an inaccuracy in the report.

2

Except in the circumstances described in paragraph (1), a home condition report entered onto the register must be kept on the register for no less than 15 years from the date on which it is entered onto the register.

Restrictions on disclosure by the keeper of the register in pursuance of a seller’s instructions43

1

This regulation applies to home condition reports prepared for the purposes of the sale of the property interest by the seller.

2

A home inspector may inform the keeper of the register in writing, pursuant to the seller’s instruction, that the seller does not wish the keeper to make a primary disclosure of a home condition report to which this regulation applies, to—

a

all persons; or

b

all mortgage lenders or automated valuation suppliers.

3

Nothing in this Part authorises the primary disclosure of a home condition report in contravention of such an instruction.

Other registers44

For the purposes of these Regulations and section 165 of the 2004 Act

a

any other archive of home condition reports, or information obtained from a home condition report, is derived from the register whether or not obtained directly from the keeper of the register; and

b

the restrictions on disclosures or the permitted disclosures set out in Chapters 3 and 4 of this Part shall apply—

i

to such archives derived from the register as they apply to the register; and

ii

to the keeper of such an archive as they apply to the keeper of the register.