Housing Bill

House of Commons

Session 2003 - 04
Internet Publications
Other Bills before Parliament

Housing Bill

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Part 5 — Home information packs
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(b)
that pack or document complies with the requirements of any
regulations under section 133 at that time.
(3)
In subsection (2) “the home information pack” means the home information
pack intended by the responsible person to be the one required by section 127.
(4)
That duty does not apply if, when the request is made, the responsible person
5
believes on reasonable grounds that the person making the request—
(a)
is unlikely to have sufficient means to buy the property in question;
(b)
is not genuinely interested in buying a property of a general description
which applies to the property; or
(c)
is not a person to whom the seller is likely to be prepared to sell the
10
property.

Nothing in this subsection authorises the doing of anything which constitutes
an unlawful act of discrimination.
(5)
Subsection (4) does not apply if the responsible person knows or suspects that
the person making the request is an officer of an enforcement authority.
15
(6)
That duty does not apply where the responsible person is the seller if—
(a)
when the request is made—
(i)
there is another person who is responsible for marketing the
property under section 124; and
(ii)
the seller believes on reasonable grounds that the other
20
responsible person has a home information pack for the
property in his possession or under his control which complies
with the requirements of any regulations under section 133; and
(b)
he takes reasonable steps to inform the potential buyer that the request
should be made to the other responsible person.
25
(7)
The responsible person may—
(a)
charge a sum not exceeding the reasonable cost of making and, if
requested, sending a paper copy of the pack or document; and
(b)
require that the charge is paid before the copy is provided.
(8)
The permitted period is the period of fourteen days beginning with—
30
(a)
the day on which the request is made; or
(b)
if a charge under subsection (7) is payable in advance but is paid after
that day, the day on which payment is received.
(9)
A person does not comply with the duty under this section by providing a copy
in electronic form unless the potential buyer consents to receiving it in that
35
form.
129
Duty to ensure authenticity of documents in other situations
(1)
Where a responsible person provides a potential buyer with, or allows a
potential buyer to inspect, any document purporting to be a copy of the home
information pack for the property, or a document (or part of a document)
40
included in that pack, the responsible person is under a duty to ensure that the
document is authentic.
(2)
A document is not authentic for the purposes of subsection (1) unless, at the
time when it is provided or inspected—

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(a)
it is a copy of the home information pack for the property or a
document (or part of a document) included in that pack, as the case
may be; and
(b)
that pack or document complies with the requirements of any
regulations under section 133.
5
(3)
In subsection (2) “the home information pack” means the pack intended by the
responsible person to be the one required by section 127.
(4)
The duty under this section does not apply to anything provided in response
to a request under section 128.
Other duties of person acting as estate agent
10
130
Other duties of person acting as estate agent
(1)
This section applies to a person acting as estate agent for the seller of a
residential property where—
(a)
the property is not on the market; or
(b)
the property is on the market but the person so acting is not a person
15
responsible for marketing the property.
(2)
It is the duty of a person to whom this section applies to have in his possession
or under his control, when any qualifying action is taken by him or on his
behalf, a home information pack for the property which complies with the
requirements of any regulations under section 133.
20
(3)
In subsection (2) “qualifying action” means action taken with a view to
marketing the property, which—
(a)
communicates to any person in England and Wales the fact that the
property is or may become available for sale; but
(b)
does not put the property on the market or make public the fact that the
25
property is on the market.
(4)
Where a person to whom this section applies provides a potential buyer with,
or allows a potential buyer to inspect, any document purporting to be—
(a)
a copy of the home information pack for the property; or
(b)
a copy of a document (or part of a document) included in that pack;
30

it is his duty to ensure that it is an authentic copy.
(5)
A document is not authentic for the purposes of subsection (4) unless, at the
time when it is provided or inspected—
(a)
it is a copy of the home information pack for the property or a
document (or part of a document) included in that pack, as the case
35
may be; and
(b)
that pack or document complies with the requirements of any
regulations under section 133.
(6)
In subsection (5) “the home information pack” means the home information
pack intended by the person to whom this section applies to be the one
40
required by subsection (2).

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Exceptions from the duties
131
Residential properties not available with vacant possession
(1)
The duties under sections 127 to 130 do not apply in relation to a residential
property at any time when it is not available for sale with vacant possession.
(2)
But for the purposes of this Part a residential property shall be presumed to be
5
available with vacant possession, at any time when any of those duties would
apply in relation to the property if it is so available, unless the contrary appears
from the manner in which the property is being marketed at that time.
132
Power to provide for further exceptions
The Secretary of State may by regulations provide for other exceptions from
10
any duty under sections 127 to 130 in such cases and circumstances, and to
such extent, as may be specified in the regulations.
Contents of home information packs
133
Contents of home information packs
(1)
The Secretary of State may make regulations prescribing—
15
(a)
the documents which are required or authorised to be included in the
home information pack for a residential property; and
(b)
particular information which is required or authorised to be included
in, or which is to be excluded from, any such document.
(2)
A document prescribed under subsection (1) must be one that the Secretary of
20
State considers would disclose relevant information.
(3)
Any particular information required or authorised to be included in a
prescribed document must be information that the Secretary of State considers
to be relevant information.
(4)
In this section “relevant information” means information about any matter
25
connected with the property (or the sale of the property) that would be of
interest to potential buyers.
(5)
Without prejudice to the generality of subsection (4), the information which the
Secretary of State may consider to be relevant information includes any
information about—
30
(a)
the interest which is for sale and the terms on which it is proposed to
sell it;
(b)
the title to the property;
(c)
anything relating to or affecting the property that is contained in—
(i)
a register required to be kept by or under any enactment
35
(whenever passed); or
(ii)
records kept by a person who can reasonably be expected to
give information derived from those records to the seller at his
request (on payment, if required, of a reasonable charge);
(d)
the physical condition of the property (including any particular
40
characteristics or features of the property);
(e)
the energy efficiency of the property;

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(f)
any warranties or guarantees subsisting in relation to the property;
(g)
any taxes, service charges or other charges payable in relation to the
property.
(6)
The regulations may require or authorise the home information pack to
include—
5
(a)
replies the seller proposes to give to prescribed pre-contract enquiries;
and
(b)
documents or particular information indexing or otherwise explaining
the contents of the pack.
(7)
The regulations may require a prescribed document—
10
(a)
to be in such form as may be prescribed; and
(b)
to be prepared by a person of a prescribed description on such terms (if
any) as may be prescribed.
(8)
The terms mentioned in subsection (7)(b) may include terms which enable
provisions of the contract under which the document is to be prepared to be
15
enforced by—
(a)
a potential or actual buyer;
(b)
a mortgage lender; or
(c)
any other person involved in the sale of the property who is not a party
to that contract.
20
(9)
The regulations may—
(a)
provide for the time at which any document is to be included in or
removed from the home information pack;
(b)
make incidental, supplementary and transitional provision; and
(c)
make different provision for different areas, for different descriptions
25
of properties or for other different circumstances (including the manner
in which a residential property is marketed).
(10)
In this section “prescribed” means prescribed by regulations under this section.
134
Home condition reports
(1)
Regulations under section 133 may make the provision mentioned in this
30
section in relation to any description of document dealing with matters
mentioned in section 133(5)(d) or (e) (reports on physical condition or energy
efficiency) which is to be included in the home information pack.
(2)
In this section “home condition report” means a document of that description.
(3)
The regulations may require a home condition report to be made by an
35
individual who is a member of an approved certification scheme following an
inspection carried out by him in accordance with the provisions of the scheme.
(4)
The regulations shall, if the provision mentioned in subsection (3) is made,
make provision for the approval by the Secretary of State of one or more
suitable certification schemes (and for the withdrawal by him of any such
40
approval).
(5)
The regulations shall require the Secretary of State to be satisfied, before
approving a certification scheme, that the scheme contains appropriate
provision—

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(a)
for ensuring that members of the scheme are fit and proper persons
who are qualified (by their education, training and experience) to
produce home condition reports;
(b)
for ensuring that members of the scheme have in force suitable
indemnity insurance;
5
(c)
for facilitating the resolution of complaints against members of the
scheme;
(d)
for the registration of all home condition reports made by members of
the scheme; and
(e)
for such other purposes as may be specified in the regulations.
10
(6)
The regulations may require or authorise an approved certification scheme to
contain provision about any matter relating to the home condition reports with
which the scheme is concerned (including the terms on which members of the
scheme may undertake to produce a home condition report).
(7)
Nothing in this section limits the power under section 133 to make provision
15
about home condition reports in the regulations.
Enforcement
135
Enforcement authorities
(1)
Every local weights and measures authority is an enforcement authority for the
purposes of this Part.
20
(2)
It is the duty of each enforcement authority to enforce this Part in their area.
136
Power to require production of home information packs
(1)
An authorised officer of an enforcement authority may require a person who
appears to him to be or to have been subject to the duty under section 127 or
130(2), in relation to a residential property, to produce for inspection a copy of,
25
or of any document included in, the home information pack for that property.
(2)
The power conferred by subsection (1) includes power—
(a)
to require the production in a visible and legible documentary form of
any document included in the home information pack in question
which is held in electronic form; and
30
(b)
to take copies of any document produced for inspection.
(3)
A requirement under this section may not be imposed more than six months
after the last day on which the person concerned was subject to the duty under
section 127 or 130(2) in relation to the property (as the case may be).
(4)
Subject to subsection (5), it is the duty of a person subject to such a requirement
35
to comply with it within the period of 7 days beginning with the day after that
on which it is imposed.
(5)
A person is not required to comply with such a requirement if he has a
reasonable excuse for not complying with the requirement.
(6)
In this section “the home information pack” means—
40
(a)
where a requirement under this section is imposed on a person at a time
when he is subject to the duty under section 127 or 130(2), the home

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information pack intended by him to be the one he is required to have
at that time; or
(b)
in any other case, the home information pack intended by the person
concerned, when he was last subject to the duty under section 127 or
130(2), to be the one he was required to have at that time.
5
137
Penalty charge notices
(1)
An authorised officer of an enforcement authority may, if he believes that a
person has committed a breach of any duty under sections 127 to 130 or section
136(4), give a penalty charge notice to that person.
(2)
A penalty charge notice may not be given after the end of the period of six
10
months beginning with the day on which the breach of duty was committed.
(3)
Schedule 7 (which makes further provision about penalty charge notices) has
effect.
138
Offences relating to enforcement officers
(1)
A person who obstructs an officer of an enforcement authority acting in
15
pursuance of section 136 is guilty of an offence.
(2)
A person who, not being an authorised officer of an enforcement authority,
purports to act as such in pursuance of section 136 or 137 is guilty of an offence.
(3)
A person guilty of an offence under this section is liable on summary
conviction to a fine not exceeding level 5 on the standard scale.
20
139
Right of private action
(1)
This section applies to a potential buyer of a residential property which is on
the market when the conditions mentioned in subsections (2) to (4) are met.
(2)
The first condition is that he has requested a copy of a prescribed document
included in the home information pack for the property (whether by
25
requesting a copy of that document or a copy of the whole pack) from a
responsible person who is subject to the duty under section 128 in relation to
the request.
(3)
The second condition is that the permitted period under section 128(8) has
ended.
30
(4)
The third condition is that the potential buyer has not been provided with an
authentic copy of the prescribed document.
(5)
A copy of a prescribed document is not authentic for the purposes of
subsection (4) unless—
(a)
it is a copy of a document included in the home information pack for
35
the property as it stood at the time the request was made; and
(b)
the document so included complies with the requirements of any
regulations under section 133 at that time.
(6)
In subsection (5) “the home information pack” means the home information
pack intended by the responsible person to be the one required by section 127.
40

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(7)
If the potential buyer commissions his own version of the prescribed document
at a time when all those conditions are met, he is entitled to recover from the
responsible person any reasonable fee paid by him for it.
(8)
In this section “prescribed document” means a document (being one required
to be included in the home information pack by regulations under section 133)
5
which is prescribed by regulations made by the Secretary of State for the
purposes of this section.
Supplementary
140
Restrictions on disclosure or use of home information pack
The Secretary of State may by regulations make provision restricting the
10
disclosure, and use which may be made, of home information packs (or
information obtained from such packs).
141
Application of Part to sub-divided buildings
(1)
This section applies where—
(a)
two or more dwelling-houses in a sub-divided building are marketed
15
for sale (with any ancillary land) as a single property; and
(b)
any one or more of those dwelling-houses is not available for sale (with
any ancillary land) as a separate residential property.
(2)
This Part applies to each dwelling-house comprised in the property that is not
available for sale separately as if it were being marketed for sale (with any
20
ancillary land) as a separate residential property.
(3)
In this section “sub-divided building” means a building or part of a building
originally constructed or adapted for use as a single dwelling which has been
divided (on one or more occasions) into separate dwelling-houses.
142
Office of Fair Trading
25
(1)
An enforcement authority may notify the Office of Fair Trading of any breach
of duty under this Part appearing to the authority to have been committed by
a person acting as estate agent.
(2)
An enforcement authority shall notify the Office of Fair Trading of—
(a)
any penalty charge notice given by an officer of the authority under
30
section 137;
(b)
any notice given by the authority confirming or withdrawing a penalty
charge notice; and
(c)
the result of any appeal from the confirmation of a penalty charge
notice.
35
(3)
The Estate Agents Act 1979 (c. 38) applies in relation to a person who has
committed a breach of duty under this Part in the course of estate agency work
(within the meaning of that Act) as it applies in relation to a person who has
engaged in a practice such as is mentioned in section 3(1)(d) of that Act in the
course of such work.
40