Most
of the documents that must be included in the Home Information Pack are
applicable to all transactions, but some are needed only for leasehold
and commonhold sales.
Of the required leasehold documents a
copy of the lease is compulsory. However, sellers should include other
leasehold documents whenever available and the following are authorised
for inclusion in Home Information Packs:
- Any regulations or rules that apply to the
property that aren't mentioned in the lease and any proposed amendments
to same
- Statements or summaries of service charges
covering the previous 36 months
- Where
appropriate, the most recent requests for payment of service charges,
ground rent, insurance against damage for the building in which the
property is situated, and insurance in respect of personal injury
caused by or within the building during the 12-month period before
marketing began
- The name and address of the current or
proposed lessor, and details of any managing agent that has been
appointed or proposed by the lessor to manage the property
- A summary of any works being undertaken or
proposed that will affect the property or the building in which it's
situated.
The required commonhold
documents are:
An
official copy of the individual register and title plan for the common
parts. This is in addition to official copies for the unit (see our
section on Evidence
of title).
An official copy of the commonhold community
statement. You can download this document from Land Registry.
Where
they are reasonably obtainable, or sellers can reasonably be expected
to be aware of them, the following documents and information are also
required:
- Copies of any regulations or rules not
described in the commonhold community statement and any amendments
proposed to those regulations or to the commonhold community statement
- Copies
of any requests for payments made in the previous 12 months in respect
of commonhold assessment, reserve fund levy and insurance (if not
covered by a request for commonhold assessment)
- The name and
address of any managing agent or other person appointed or proposed to
be appointed by the commonhold association to manage the commonhold
- A summary of current or proposed works
affecting the commonhold.
Home
Condition Report
A
Home Condition Report (HCR) contains information about the physical
condition
of a property, which sellers, buyers and lenders will be able to rely
on legally as an accurate report.
The Report is an important part of the Pack, and
can be included by sellers on a voluntary basis.
Sellers
who provide a Report will have an early opportunity to carry out repair
work on the property or obtain quotes prior to marketing.
Buyers
can use it at the beginning of the home-buying process to minimise the
possibility of being faced with unexpected repair bills and other
surprises.
Lenders can benefit by using the Report to inform
their valuations, reducing the need to repeat a detailed on-site
inspection at the buyer's expense.
The Government believes there
will be significant benefits to home sellers if they top up their Packs
to include full HCRs, and that this is a product that
the market can deliver. Communities and Local Government is working
with stakeholders to facilitate the voluntary take-up of the full
Report, and has invested resources in promoting and developing it for
consumers.
You can see a sample of a Home Condition Report here.
Legal
summary
Home
Information Packs will contain some complex documents that can be
difficult to understand. The optional summary of the legal content of
the pack could therefore be very helpful to buyers, although it will
not remove the need for buyers to take their own legal advice as well.
Home
use / contents forms
Home use and home contents forms let sellers give
buyers information on a range of matters relating to the property.
These
include information on boundaries, notices, services, sharing with
neighbours, planning permissions and other matters of interest to
potential buyers.
It is usual for sellers to declare which
fixtures and fittings and other contents of the property are included
in the sale, are excluded from the sale, or are subject to
negotiation.
Standard forms to help sellers do this are
available:
Home
use form
Home contents form
The Law Society also produces its
own forms to help solicitors and licensed conveyancers produce Packs.
Other
documents
Sellers could speed up the sale if they include
non-standard searches in the Home Information Pack where appropriate.
For
example, it's standard practice to obtain a mining search in areas
where coal mining has taken place. Sellers in these areas will save
time if they provide this search in the Pack.
Other
searches cover rights of way, ground stability and actual or potential
environmental hazards such as flooding and contaminated land.
Sellers will also want to include guarantees and
warranties for work already carried out on their homes.