Do I Have To Provide a Pack?

Julieanne Jensen - Home Heating Guide - 16th March 2008

The law states anyone responsible for marketing a residential property in England and Wales must provide a Home Information Pack This can either be you or the estate agent managing the sale. The pack must be available as soon as the property is put on the market.

Currently any home which was placed on the market before the legislation came into place and has still not sold does not require a pack.

For homes with 4 or more bedrooms this date was 1 August 2007, 3 bedroom homes 10 September 2007 and 0-2 bedroom homes on 14 December 2007.

These homes which are currently on the market and are exempt by the implementation date will likely have to provide packs in the future if they remain unsold.

Some residential properties do not need to have a Home Information Pack regardless of the date they went on sale.  These are homes which have not been placed on the open market and include properties which are bought under the social housing right to buy scheme, private sales between landlord and tenant and homes which are sold to family or friends.

Other exemptions include:

  • Properties which are authorised for business under planning regulations.
  • A residential property which has been converted to business use.
  • Mixed commercial / residential sales such as a shop with a flat above.
  • Dual use such as a doctor’s surgery with living accommodation.
  • Portfolios of properties such as a number of homes being sold together as a portfolio.
  • Unsafe properties that have been declared unfit for living by the planning authority.
  • Any property which has a demolition order placed on it.

Copies of the Home Information Pack must be made available to potential buyers - for a small fee if you wish to cover costs - within 14 days of them requesting it. However, there are some exceptions to this, which are listed below.

  • If you believe the person requesting the pack could not afford to buy the property.
  • If you believe the potential buyer not to be genuinely interested in the property.
  • Or if the buyer is not a person you would wish to sell the property to. Current legislation states the seller can refuse to sell to a particular person without giving a reason. However, discrimination laws still apply here.

From 1 June 2008 all properties must have a Home Information Pack before they can be put on the market.

Failure to provide a pack will result in an initial fine of £200, with further fines imposed if the house remains on the market. If an estate agent is managing the sale and does not provide a pack he could eventually be subjected to a Banning Order which would prevent him from trading.