Home Information packs: for solicitors and conveyancers
Introduction
Home Information Packs will be compulsory from 1 August 2007. Anyone marketing a residential property for sale will be required to have a Home Information Pack for that property from the time the property first goes on the market. There are only a few residential properties exempt from this rule. Additionally, properties on the market before 1 August 2007 won't need a Pack, unless it is unsold on 1 January 2008.
Home Information Packs will contain an Energy Performance Certificate and other key documents such as evidence of title, local authority and drainage and water searches and key leasehold documents where appropriate.
Who is responsible for providing the pack?
The duty to provide a Pack falls on the person responsible for marketing the property (usually an estate agent). However, the information provided in the Pack is of great use to conveyancers and solicitors, and you will want to be aware of the contents of the Pack and the authority of the information contained in the documents.
Where do I get the pack from?
You can compile a Pack yourself, or use a third-party organisation to compile one on their behalf. Net Lawman can do this for you. Please see the links at the end of this article.
Once you have a completed Pack, give a copy to your client. They'll be able to give it to their estate agent, show it to potential buyers and provide it to the buyer's solicitor once an offer has been accepted.
Who is responsible if the Pack is defective?
The person responsible for marketing the property is responsible for obtaining and providing a valid Home Information Pack. The Home Information Pack Regulations 2007 set out the required content or minimum terms for some of the documents. If any pack document is misleading or inaccurate, the responsible person will be expected to make sure that the right documents are included in the Pack.
The legislation on Home Information Packs isn't intended to provide that the seller or the seller's estate agent should be held responsible for the accuracy of the information contained in documents that have been provided by others. The penalty provisions recognise this, and will not apply so long as the seller or the seller's estate agent has reasonable cause to believe that the document does comply with the Regulations.
The provider of any specific document within the Pack is be responsible for the accuracy of that document.
Why should my client trust searches provided by the seller?
It is in the seller's interest to provide a comprehensive, accurate search. Any unreliable information that comes to light during a sale could potentially lead to delays and unnecessary further costs, or even cause the sale to fall through.
What if the time-sensitive parts of the Pack are out of date - should the buyer update them?
The regulations do not require documents to be updated if the property is taken off the market and then put back on the market within one year of when it was first marketed. If it is taken off the market and then put back on the market after this date, certain time-sensitive parts of the Pack might need to be updated. However, there is no duty to update these documents at any time if the reason the property is put back on the market is because the sale has fallen through and the property is re-marketed within 12 months.
If by chance you find some error of law or fact in any Net Lawman information page, do please tell us. We should also welcome your suggestions for new subjects for information pages. These notes:
Do not provide a complete or authoritative statement of the law;
Do not constitute legal advice by Net Lawman;
Do not create a contractual relationship;
Do not form part of any other advice, whether paid or free.
