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Q1 - How can buyers receive a copy Home Report? |
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A - A Buyer should ask whoever is advertising the house for sale for a copy Home
Report. This is usually an estate agent/solicitor, but could be another business
or individual. |
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Q2 - Will it cost buyers anything to obtain a copy Home Report? |
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A - A minimal fee will be charged to obtain a copy to cover production costs, postage,
etc. although they may have to pay a reasonable charge to cover the costs of copying
and postage. If the seller isn't using an estate agent/solicitor, the buyer should
be able to get a Home Report directly from the seller.
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Q3 - How quickly must a seller or their agent comply with a request by a prospective
buyer for a copy of any or all of the Home Report documents? |
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A - A person responsible for marketing a house must provide a copy of any or all
of the documents within 9 working days.
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Q4 - If I buy the house, do I have to pay the seller back for the cost of the
Home Report? |
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A - This is a matter between the buyer and seller. There is nothing is the legislation
that insists that the buyer of the house should reimburse the seller for the cost
of the Home Report.
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Q5 - Are Home Reports required across Scotland? |
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A - Yes. All houses marketed for sale in Scotland will require a Home Report, with
only a few exceptions |
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Q6 - What can buyers do if a Home Report is not provided? |
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A - Buyers should receive a Home Report within 9 working days of requesting it.
Sellers may refuse to provide a copy in certain limited cases. These are where the
seller believes that the person making the request: |
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• could not afford the house
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• is not really interested in buying the house
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• is not a person to whom the seller would wish to sell the house (but this does
not allow them to unlawfully discriminate against someone |
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If a buyer believes that they are being denied a copy of the Home Report unlawfully,
local authority trading standards officers are responsible for enforcement of these
duties. |
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From December 1, 2008 a seller or a selling agent must provide,
upon request, a Home Report to a prospective buyer.
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A Home Report must contain: |
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A Single Survey is a report prepared by a survey provider on the condition and value
of the house
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An Energy Report will provide you with an energy efficiency rating of a house together
with useful advice to cut fuel bills and increase the home energy efficiency
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A Property Questionnaire contains further information about the house such as alterations
that have been made, factoring costs and council tax banding.
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The Property Questionnaire must be completed by the seller, or someone nominated
by the seller. |
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A Home Report must be provided to a prospective buyer within nine working days.
A seller or the selling agent may charge a prospective buyer a reasonable sum for
copy and postage costs. |
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To allow for the consideration of offers, and holiday periods, the seller or the
selling agent may take a house off the market for up to four weeks on any number
of occasions and put back on the market without having to obtain a new Home Report,
as long as it has not been sold in the meantime. |
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There will be limited occasions that a seller or selling agent can refuse to provide
a copy of the Home Report, where they believe that the buyer making the request: |
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could not afford the house
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is not interested in buying the house
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is not a person to whom the seller would wish to sell the house (although you are
prohibited from unlawfully discriminating against someone)
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If a Trading Standards officer decides that the seller or selling agent is in breach
of their duties to possess the Home Report documents and provide them to prospective
purchasers, then a penalty charge notice of £500 may be issued. |
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Exceptions |
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If you are selling a home in Scotland, you will need a Home Report. However, there
are some exceptions:
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New housing - New housing includes homes that may be sold 'off-plan'
to the first purchaser or sold to the first occupier. Any subsequent sale of a home
will not be exempt even if it has a certificate from, for example, the National
House-Building Council (NHBC). |
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Newly converted premises - This means a property which is being,
or has been, converted to a home if it has not previously been used in its converted
state.
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Right to Buy homes - As the sale of a home to a tenant under the
'Right to Buy' does not involve marketing, the duty to provide a Home Report does
not apply. A separate package of information is being developed for Right to Buy
purchasers. |
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Seasonal and holiday accommodation - This exception refers to seasonal
and holiday accommodation (as defined in planning legislation), which only has permission
to be used for less than 11 months in any year. It does not include second homes
or holiday cottages that could be used all year if the owner so chose.
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A portfolio of residential properties - This means a home which
is to be sold with one or more other homes and where it is clear from the manner
in which the homes are marketed that the seller does not intend to accept an offer
to buy one of those homes in isolation from another. Sales of a portfolio of residential
properties are considered to be commercial transactions. A home which is ancillary
to a principal property may include, for example a 'granny flat', or butler's cottage
that is attached to a larger property on a country estate. |
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'Mixed sales'- This occurs where a home is sold with one or more
non-residential properties (provided it is clear that the seller does not intend
to consider an offer to buy the home separately from the non-residential property).
This might include farmhouses that are part of a working farm, or flats above shops
or pubs that are sold with the shop or pub. |
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Dual use of a dwelling house - This describes the situation where
the home is, or forms part of, a property most recently used for both residential
and non-residential purposes, such as a commercial studio where the owner also lives
in the home. |
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Unsafe properties - Unsafe properties are evidently in a condition
that poses a serious risk to the health or safety of occupants or visitors, or where
the way the home is marketed suggests it is unsuitable for occupation in that condition.
There is little point in a condition survey being undertaken on a home that is unfit
for occupation in any case, and is being advertised as such. |
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Properties to be demolished - There is an exception for homes to
be demolished where it is clear the home is suitable for demolition and all the
necessary consents have been obtained for demolition and consents obtained for redevelopment.
There is little point in a condition survey being undertaken on a home that is to
be demolished and is being advertised as a development site |
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