Why do you need a Home Report

Q1 - What documents are included in the Home Report?

A - The Home Report will include a Single Survey, an Energy Report and a Property Questionnaire.

In addition surveyors may provide a generic Mortgage Valuation Report that answers many of the questions that lenders will have about a property. This is not a prescribed document, but will be offered to sellers by the surveyor who carries out the survey. This may be useful in any discussions with lenders about a prospective purchase.

 

Q2 - I am thinking of selling my house soon. When do I have to provide a Home Report?

A - Properties that are marketed for sale from December 1, 2008 onwards in Scotland will need a  Home Report with only a few exceptions.

 

Q3 - Do I have to provide a Home Report if my house is marketed for sale prior to December 1, 2008?

A - No, if you market your house for sale prior to December 1 you will not need to obtain a Home Report. However, if you take your house off the market anytime after December 1 and re-market it, you will have to make a Home Report available.

Although you will not require a Home Report if your house is already on the market at 1 December, you will need to obtain an Energy Performance Certificate ("EPC") if your house will still be on the market after January 4, 2009. This is because there is a separate duty arising from European law to make the EPC available to any prospective buyer of the house after January 4, 2009.

 

Q4 - I am currently marketing my house for sale privately. I plan for it to remain on the market until early 2009 and then perhaps approach a selling agent to ask them to market it for me. Will I have to obtain a Home Report when I do this?

A - As long as your house has remained on the market and you have not withdrawn it any time after 1 December, you will not need to obtain a Home Report. In all instances, you should check with your selling agent for clarification. Additionally, if you are marketing your house privately prior to1 December, it may be useful to keep as much information (for example a newspaper advert) as possible.

 

Q5 - Should I rush to sell my house before December 1, 2008 to avoid the costs associated with the Home Report?

A - Well, you could. And you might avoid the cost of the Home Report as a seller. If your home does not sell quickly you could face competition from sellers with a Home Report.

You will benefit from the Home Report for any property you are interested in that is marketed after 1 December 2008.

 

Q6 - Who will compile a Home Report?

A - The Home Report will be compiled by the seller's agent or the seller. A chartered surveyor will provide the Single Survey and Energy Report. The seller of the house will complete the Property Questionnaire.

 

Q7 - I am a private seller, and do not plan on using a solicitor or estate agent to market my house. Do I need a Home Report?

A - Yes, under Part 3 of the Housing (Scotland) Act 2006, a person who is responsible for marketing a house must provide a Home Report to any prospective purchasers. To do this you will need to commission a chartered surveyor (or approved provider) to carry out the Single Survey and Energy Report. You must also complete a Property Questionnaire.

 

Q8 - How quickly must a seller or their agent comply with are quest by a prospective buyer for a copy of any or all of the Home Report documents?

A - A person responsible for marketing a house must provide a copy of any or all of the documents within nine days.

 

Q9 - Can a prospective buyer be charged for a Home Report?

A - There is not a charge for the Home Report, but the person selling the house may make a reasonable charge to cover costs of copying and postage.

 

Q10 - Can the Home Report be provided electronically to a potential buyer?

A - Yes, but only if they expressly consent to receive it electronically.

 

Q11 - Are there any circumstances where I do not need to provide a Home Report?

A - If you market your house for sale, you must obtain a Home Report. However, the duty to provide a Home Report does not apply if you (or your selling agent) reasonably believe that the person making the request (for a copy Home Report)

* is unlikely to have sufficient means to buy the house in question
* is not genuinely interested in buying the house
* is not a person to whom the seller is likely to be prepared to sell the house (this does not allow people to discriminate, say on grounds of race)

This doesn't mean you have to assess every prospective purchaser against these criteria or that you cannot give such a person a Home Report; just that in these cases you don't have to provide a Home Report if you don't want to. You should bear in mind that if a prospective buyer feels they have bee unlawfully denied a copy Home Report, they may complain to their local authority Trading Standards department.

 

Q12 - Who pays for the Home Report?

A - The seller is responsible for providing the Home Report. There is nothing in the legislation that requires the buyer to reimburse the seller for the cost of the Home Report. It is, however, perfectly permissible for a buyer and seller to enter into an arrangement over meeting the costs of the Home Report.

 

Q13 - How much will a Home Report cost?

A - The cost of a  Single Survey and Energy Report will be set by individual surveying firms and will vary according to the size of the house. Sellers are advised to consider a number of quotes from different providers before making a decision. There should be very little, if any, costs associated with the Property Questionnaire as it is completed by the seller of the home.

 

Q14 - How 'old' can the Home Report documents be when the house is put on the market for sale?

A - The legislation says that the documents should be no more than12 weeks old when the house is put on the market. A house with a Home Report can be taken off the market for 28 days without needing a new Home Report.

 

Q15 - Will the Home Report have a specified shelf life? (i.e. should sellers have to pay for refreshed surveys if their houses have not sold after a few months?)

A - The legislation does not impose a set shelf life or validity period for any of the Home Report documents. This reflects current practice for survey reports. Decisions as to whether any aspects of the Home Report need to be refreshed/updated are for sellers, buyers and their professional advisers to take, depending on the circumstances of each case.

 

Q16 - How will I pay for the Home Report?

A - This depends on the agreement between the seller and the firm they ask to compile the Home Report. It may be useful to speak to a number of different providers to find the approach that best suits you.

 

Q17 - What happens if the Single Survey identifies a significant problem with the condition of the house such as dry or wet rot? Does the seller have to rectify the problem?

A - That is a decision for the seller. The seller may choose to rectify the problem or may for other reasons, market the house immediately. There is nothing in the legislation forcing the seller down one particular route. From the Single Survey report, the seller will at least be aware that there is a problem and have options to decide what to do about it.