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Home Information Pack Exemption
Part transcript:
Residential properties due to be converted for non-residential use by the time the sale is complete are also considered
non-residential premises and are therefore exempt from the home information pack duties.
However, to benefit from this exception the sale must meet both the following criteria:
1) it is clear from the marketing that the property is due to be converted for non-residential use by the time the sale is complete;
2) all the relevant planning permissions and listed building consents have been obtained for the conversion.
The duty to have a home information pack does not apply to a mixed sale. In this guidance, the term “mixed sale” refers to a property where one residential
property is marketed for sale as ancillary to (i.e. intended to be occupied and enjoyed with) one or more
buildings, or areas of land, used for non-residential purposes (as defined in regulations 26 and 27). Examples of mixed sales include:
• a farm house sold with agricultural land and buildings
• a property consisting of a shop on one floor and living accommodation on the
other
• a petrol station sold with an adjoining house
A home information pack is not required when marketing properties that are considered unsafe. However, this exception only applies if all of the following conditions are met:
- the property is unoccupied
- the property is not suitable for occupation because its condition poses a serious risk to the health and safety of potential occupants and visitors
- the manner in which the property is marketed indicates that it is unsuitable for occupation in its present condition.
As soon as a property fails to meet all three criteria, the exception ceases to apply.
For example, if the property was made safe during marketing or if it was being marketed on the understanding that it would be made safe prior to completion of the
transaction, the exception would cease to apply.
A home information pack is not required when marketing a property solely for demolition and redevelopment. However this exception only applies if the marketing makes it clear that:
- the residential dwelling is suitable for demolition and the resulting site is suitable for redevelopment
- all the relevant planning permissions, listed building consents and conservation area consents have been obtained for the demolition
- outline planning permission or planning permission (or both) exists for the re-development together with any necessary listed building consent.
Note: This exception would not apply to the sale of a large house which is suitable for conversion to flats, even if the relevant planning permissions for such a conversion
have been obtained and it is being marketed on that basis.
Part of transcript, the conditions are subject to change without
notice
For the full transcript of the procedure and regulations download
here. Pdf file (Subject to change without notice)
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