The Home Information Pack (No. 2) Regulations 2007

Authorised pack documents

This section has no associated Explanatory Memorandum

9.  Subject to regulations 10, 11, 12 and Parts 4 and 5, the home information pack may include documents consisting of or containing any of the following—

(a)a home condition report which complies with Schedule 9;

(b)documentary evidence of any safety, building, repair or maintenance work as has been carried out in relation to the property since the date of any home condition report included in the pack under paragraph (a);

(c)any warranty, policy or guarantee for defects in the design, building, or completion of the property, or its conversion for residential purposes;

(d)information about the design or standards to which a property has been or is being built;

(e)an accurate translation in any language of any pack document;

(f)an additional version of any pack document in another format, such as Braille or large print;

(g)a summary or explanation of any pack document, including legal advice on the content of the pack or any pack document;

(h)information identifying the property including a description, photograph, map, plan or drawing of the property;

(i)information about a pack document, about information contained within a pack document or about the home information pack, relating to—

(i)its source or supply; or

(ii)complaints or redress procedures arising from it;

(j)if the property interest is or includes the whole or part of a registered estate, official copies of any documents referred to in the individual register, including any edited information documents derived from such exempt information documents as are referred to in the register(1);

(k)if the property interest is or includes the whole or part of a freehold estate in commonhold land, information which—

(i)relates to one or more of the matters described in paragraph 3 of Schedule 4; and

(ii)would be of interest to potential buyers of the property interest;

(l)if the property interest is or includes the whole or part of a leasehold interest, information which—

(i)relates to one or more of the matters described in paragraph 3 of Schedule 5; and

(ii)would be of interest to potential buyers of the property interest;

(m)one or more of the following search reports which must be made in accordance with Part 1 of Schedule 6 and may be made in accordance with Part 2 of that Schedule, which records the results of a search relating to the property and relating to any of the following matters—

(i)information held by or derived from a local authority, and dealing with matters supplementary to those contained in the search reports required by regulation 8(j) (search of the local land charges register) or 8(k) (local enquiries);

(ii)common land or town or village greens;

(iii)rights of access to, over or affecting the property interest;

(iv)ground stability, the effects of mining or extractions or the effects of natural subsidence;

(v)actual or potential environmental hazards, including the risks of flooding or contamination from radon gas or any other substance;

(vi)telecommunications services;

(vii)sewerage, drainage, water, gas or electrical services;

(viii)the potential or actual effects of transport services, including roads, waterways, trams and underground or over-ground railways; or

(ix)liabilities to repair or maintain buildings or land not within the property interest;

(n)where it would be of interest to potential buyers of the property interest, a document which—

(i)records the results of a search relating to other premises in the vicinity of the property; and

(ii)would otherwise be a report of the type required by regulation 8(j) (search of the local land charges register), 8(k) (local enquiries) or 8(l) (drainage and water enquiries) or authorised by paragraph (m) of this regulation, if references in those provisions and in Schedules 6, 7 and 8 to “property”, “land” and “land on which the property is or will be situated” were references to those other premises;

(o)any documents referred to in a search report included in the pack under regulation 8(j) (search of the local land charges register), 8(k) (local enquiries), 8(l) (drainage and water enquiries) (subject to paragraph 2(4)(b) of Schedule 8) or paragraphs (m) or (n) of this regulation; and

(p)information which—

(i)relates to one or more of the matters described in Schedule 10; and

(ii)would be of interest to potential buyers of the property interest.

(1)

Part 13 of the Land Registration Rules 2003 describes the nature and effect of exempt information and edited information documents. Under rule 136(1), a person may apply to the Chief Land Registrar for a document to be designated an exempt information document on the basis that it contains “prejudicial information”. This is defined in rule 131 as information that if disclosed would cause substantial unwarranted damage or distress to someone, or would prejudice the commercial interests of the applicant. Under rule 136(2)(b), an application for designation must be accompanied by a version of the document that excludes the prejudicial information (an edited information document).