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As part of the Government commitment to to making buying and selling homes easier, Part 5 of the Housing Act 2004 has introduced a legal obligation on home-owners or their selling agents to have a Home Information Pack available when marketing homes for sale. This is set out in more detail in the Home Information Pack Regulations 2006.

Home Information Packs will provide important information to prospective purchasers at the very start of their interest in a new home, giving increased transparency on key issues and meaning any offer to purchase is based on an informed decision.

A Home Information Pack is likely to contain:-

• Terms of sale.
• Evidence of title.
• Copies of any planning, listed building and building regulations consents and approvals.
• Copies of warranties and guarantees, for new properties.
• Guarantees for any work carried out on the property.
• Local search replies.
• An energy performance certificate.

A Home Condition Report will be provided on a voluntary basis and included as an 'authorised' document.

Additionally, for leasehold properties:

• A copy of the lease.
• Most recent service charge accounts and receipts.
• Building insurance policy details and payment receipts.
• Regulations made by the landlord or management company.
• Memorandum and articles of the landlord or management company.

Home Information Packs will not be required on the following:-

• Properties in Scotland and Northern Ireland.
• Private sales where the property is not offered on the open market (eg. to a family member, neighbour, or friend).
• Non-residential property or where homes are in mixed use with commercial property.
• Properties sold with sitting tenants and not available for owner occupation.
• Portfolios of residential property.
• 'Right to Buy' sales by Local Authorities or other social landlords.
• Homes held on a lease of less than 21 years.

The Home Condition Report element of the Home Information Pack is a completely new report format which has been developed by the Government with the help of organisations such as the Royal Institution of Chartered Surveyors. It will cover the general condition of the property bearing in mind its age, character and location and highlight any defects requiring action.

The government is committed to comply with EU Directive 2002/91/EC which aims to promote improvements in the energy performance of buidings.

The EU directive requires an energy performance certificate for all dwellings at the time of sale. The certificate will give prospective purchasers an easy to read guide to the likely energy costs of occupying the property in a similar way that current 'white goods' have an efficiency label. Domestic energy consumption causes 25% of national CO2 emissions, and heating uses 90% of energy in the home. Improvement in the energy efficiency of our homes is therefore important in reducing our overall emissions.