The Home Information Pack duties apply to the person responsible for
marketing the home - this will usually be an estate agent.
The main duty is to have a Pack that complies with the Regulations in your
possession or under your control whenever marketing activity occurs, including
marketing activity carried out before the property is actually put on the
must be in the Pack when marketing starts, but
marketing with an incomplete Pack may take place if it is expected that some
of the documents will become available within 28 days and all reasonable efforts are made to obtain them as soon as possible. This covers the following
You are under a duty to provide a copy of the Pack (or any part of it) to a
potential buyer who asks for it. The only exceptions to this rule are where it
is believed that:
The person making the request could not afford the property in question
The person making the request is not really interested in buying the
The potential buyer is not a person to whom the seller would wish to
sell the property.
However, this does not allow the responsible person to unlawfully
discriminate against anyone.
A reasonable charge to cover copying and postage costs can be made for
You will be expected to make sure that the right documents are included in
the Pack, but the legislation on Home Information Packs is not 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.