ABSTRACT
The Housing Act 2004 is a substantial piece of legislation of seven Parts in 270 sections and 10 Schedules covering housing standards, emergency measures, slum clearance, licensing of houses in multiple occupation, empty dwellings, overcrowding, secure tenancies, mobile homes and other related matters. A comparatively small element, Part 5 of 31 sections from 148 to 178 covers Home Information Packs, which from their introduction on 1 August 2007, have had to be provided for every dwelling put on the market for sale in England and Wales to include an Energy Performance Certificate produced either by a qualified Domestic Energy Assessor or by a Home Inspector, both of whom are required to be members of a recognised Certification Scheme. Initially a Home Condition Report on the dwelling can be included in the Home Information Pack but on a voluntary basis only. This will be the case until such time as the Government decides that it should become a mandatory element. The Housing Act 2004 thus forms the primary legislation. The precise details of, for example, what has to be included in Home Information Packs and matters relating to Home Inspectors, Certification Schemes and Energy Performance Certificates are covered by secondary legislation in the form of Regulations promulgated by the Secretary of State under Sections 163 and 164 of the Act. The Home Information Pack Regulations 2007 were published in March 2007 and are accompanied by a procedural guide.
