Schedules 1 - 7

1. A home information pack index must-

• (a) consist of a list of all the documents included in the home information pack;
• (b) be revised whenever a document is included in or removed from the pack;
• (c) where regulation 15 or 17 applies, indicate-
  • (i) that a document otherwise required by these Regulations is missing from the pack;
  • (ii) specify which document it is; and
  • (iii) the reason why it is missing; and
• (d) where regulation 15 applies, indicate such steps as are being taken to obtain the document.

2. A home information pack index may indicate where a particular pack document can be found in the home information pack.

1. A sale statement must state-

• (a) the address or proposed address of the property;
• (b) whether the property interest is-
  • (i) a freehold interest other than a freehold estate in commonhold land;
  • (ii) a freehold estate in commonhold land; or
  • (iii) a leasehold interest;
• (c) whether at the first point of marketing-
  • (i) the property or the land on which the property is or will be situated is a registered estate; or
  • (ii) the title to the property or the land on which the property is or will be situated is not entered in the register of title;
• (d) the name of the seller, and the capacity in which they are selling the property;
• (e) whether the property-
  • (i) is being sold entirely with vacant possession; or
  • (ii) is a property to which Part 5 of the 2004 Act applies by virtue of section 171(2) of that Act; and
• (f) if it is a property to which Part 5 of the 2004 Act applies by virtue of section 171(2) of that Act, the nature of any lack of vacant possession.

1. -(1) Subject to sub-paragraph (2), the documents referred to in regulation 8(e)(i) are-

• (a) an official copy of such of the following documents, as are kept by the Chief Land Registrar-
  • (i) the individual register and title plan relating to the common parts; and
  • (ii) the commonhold community statement referred to in that register;
• (b) except where they are described in the commonhold community statement, such regulations or rules as are made for the purposes of managing the commonhold by the-
  • (i) commonhold association;
  • (ii) such managing agents as are appointed, or proposed by the commonhold association to manage the commonhold; or
  • (iii) such other persons as manage or are likely to manage the commonhold,
  • and their predecessors (if any); and
• (c) the most recent requests for payment or financial contribution where made in respect of the property, relating to the 12 months preceding the first point of marketing, towards such of the following as are relevant to the property-
  • (i) commonhold assessment;
  • (ii) reserve funds;
  • (iii) insurance against damage for the common parts (if made separately to the requests relating to commonhold assessment included under sub-paragraph (i)); and
  • (iv) insurance for any person in respect of personal injury or death caused by or within the common parts (if made separately to the requests relating to commonhold assessment included under sub-paragraph (i)).

(2) Except for the documents specified in paragraph (a), the documents required by sub-paragraph (1) are only those which are in the seller's possession, under his control or to which he can reasonably be expected to have access, taking into account the enquiries that it would be reasonable to make of-

• (a) the unit-holder (unless the seller is the unit-holder); and
• (b) the persons described in sub-paragraph (1)(b)(i) to (iii) and their predecessors (if any).

2. -(1) Subject to sub-paragraph (2), the matters referred to in regulation 8(e)(ii) are-

• (a) the names and addresses of-
  • (i) such managing agents as are appointed, or proposed by the commonhold association to manage the commonhold; and
  • (ii) such other persons as manage or are likely to manage the commonhold;
• (b) such amendments as are proposed to the following-
  • (i) the commonhold community statement; and
  • (ii) the regulations or rules described in paragraph 1(1)(b) of this Schedule; and
• (c) a summary of such works as are being undertaken or proposed, affecting the property or the common parts.

(2) The information required by sub-paragraph (1) is only that which the seller can reasonably be expected to be aware of, taking into account the enquiries that it would be reasonable to make of-

• (a) the unit-holder (unless the seller is the unit-holder); and
• (b) the persons described in paragraph 1(1)(b)(i) to (iii) of this Schedule and their predecessors (if any).

3. The matters referred to in regulation 9(g) are-

• (a) the commonhold community statement;
• (b) the rights or obligations of the unit-holder under the commonhold community statement or otherwise, including whether the unit-holder has complied with such obligations;
• (c) the rights or obligations of the commonhold association under the commonhold community statement or otherwise, including whether it has complied with such obligations;
• (d) the commonhold association and any information that might affect the unit-holder's relationship with it;
• (e) any agent of the commonhold association or other manager of the property and any information that might affect the unit-holder's relationship with such persons;
• (f) the membership of the commonhold association;
• (g) the status or memorandum and articles of association of any company related to the management of the property or the commonhold;
• (h) any commonhold assessment payable for the property, including whether payments for such assessment are outstanding;
• (i) any reserve fund levy relating to the property or the commonhold, including whether payments for such levies are outstanding;
• (j) any planned or recent works relating to the property or the commonhold;
• (k) responsibility for insuring the property or the commonhold, including the terms of such insurance and whether payments relating to it are outstanding; and
• (l) any lease or licence of the property.

4. The matters referred to in regulation 10(2)(e) are-

• (a) the terms of the commonhold community statement that will or is expected to apply in relation to the property interest once it has been registered as a freehold estate in commonhold land; and
• (b) estimates of the payment or financial contribution likely to be required of the unit-holder within 12 months of completion of the sale of the interest towards-
  • (i) commonhold assessment;
  • (ii) reserve funds;
  • (iii) insurance against damage for the common parts (if not to be included in contributions towards commonhold assessment); and
  • (iv) insurance for any person in respect of personal injury or death caused by or within the common parts (if not to be included in contributions towards commonhold assessment).

1. -(1) Subject to sub-paragraph (2), the documents referred to in regulation 8(f)(i) are-

• (a) the lease in the form of-
  • (i) an official copy;
  • (ii) any other copy; or
  • (iii) an edited information document if, despite all reasonable efforts and enquiries by the responsible person, it can only be obtained by him in that form;
• (b) such regulations or rules as are made for the purposes of managing the property by-
  • (i) the current lessor or proposed lessor;
  • (ii) such managing agents as are appointed or proposed by the lessor to manage the property; and
  • (iii) such other persons as manage or are likely to manage the property,
  • and their predecessors (if any);
• (c) statements or summaries of service charges supplied in respect of the property under section 21 of the Landlord and Tenant Act 1985[26] or otherwise, and relating to the 36 months preceding the first point of marketing; and
• (d) the most recent requests for payment or financial contribution where made in respect of the property, relating to the 12 months preceding the first point of marketing, towards such of the following as are relevant to the property-
  • (i) service charges;
  • (ii) ground rent;
  • (iii) insurance against damage for the building in which the property is situated (if made separately to the request relating to service charges included under sub-paragraph (i)); and
  • (iv) insurance for any person in respect of personal injury or death caused by or within the building in which the property is situated (if made separately to the request relating to service charges included under sub-paragraph (i)).

(2) Except for the documents specified in paragraph (a), the documents required by sub-paragraph (1) are only those which are in the seller's possession, under his control or to which he can reasonably be expected to have access, taking into account the enquiries that it would be reasonable to make of-

• (a) the lessee (unless the seller is the lessee); and
• (b) the persons described in sub-paragraph (1)(b)(i) to (iii) and their predecessors (if any).

[26] 1985 c. 70. At the time these Regulations are made section 152 of the Commonhold and Leasehold Reform Act 2002 which substitutes section 21 of the Landlord and Tenant Act 1985 is not yet fully in force.

2. -(1) Subject to sub-paragraph (2), the matters referred to in regulation 8(f)(ii) are-

• (a) the names and addresses of-
  • (i) the current lessor or proposed lessor;
  • (ii) such managing agents as are appointed or proposed by the lessor to manage the property; and
  • (iii) such other persons as manage or are likely to manage the property;
• (b) such amendments as are proposed to the following-
  • (i) the lease; and
  • (ii) the regulations or rules described in paragraph 1(1)(b) of this Schedule; and
• (c) a summary of such works as are being undertaken or proposed, affecting the property or the building in which the property is situated.

(2) The information required by sub-paragraph (1) is only that which the seller can reasonably be expected to be aware of, taking into account the enquiries that it would be reasonable to make of-

• (a) the lessee (unless the seller is the lessee); and
• (b) the persons described in paragraph 1(1)(b)(i) to (iii) of this Schedule and their predecessors (if any).

3. The matters referred to in regulation 9(h) are-

• (a) any lease of the property, including those that are superior or inferior to the property interest;
• (b) any licence of the property;
• (c) any freehold estate to which the lease relates including any proposals to buy a freehold interest relating to the property;
• (d) the rights or obligations of the lessee under the lease or otherwise, including whether the lessee has complied with such obligations;
• (e) the rights or obligations of the lessor under the lease or otherwise, including whether the lessor has complied with such obligations;
• (f) the lessor of the property and any information that might affect the lessee's relationship with the lessor;
• (g) any agent of the lessor or other manager of the property and any information that might affect the lessee's relationship with such persons;
• (h) the membership or existence of any body of persons corporate or unincorporate which manages the property or building in which the property is situated;
• (i) the status or memorandum and articles of association of any company related to the management of the property or building in which the property is situated;
• (j) the rent payable for the property, including whether payments for such rent are outstanding;
• (k) any service charges payable in respect of the property, including whether payments for such charges are outstanding;
• (l) any reserve fund relating to the property for necessary works to it or the building in which the property is situated, including whether payments to such a fund are outstanding;
• (m) any planned or recent works to the property or the building in which the property is situated; and
• (n) any responsibility for insuring the property or the building in which the property is situated, including the terms of such insurance and whether payments relating to it are outstanding.

4. The matters referred to in regulation 10(3) are-

• (a) the terms of the lease that will or is expected to be granted in order to create the property interest; and
• (b) estimates of the payment or financial contribution likely to be required of the lessee within 12 months of completion of the sale of the interest towards-
  • (i) service charges;
  • (ii) ground rent;
  • (iii) insurance against damage for the building in which the property is situated (if not to be included in contributions towards service charges); and
  • (iv) insurance for any person in respect of personal injury or death caused by or within the building in which the property is situated (if not to be included in contributions towards service charges).

1. A home condition report-

• (a) must be made by a home inspector following an inspection carried out by him in accordance with the provisions of such approved certification schemes of which he is a member; and
• (b) must be entered onto a register kept pursuant to any regulations made under section 165 of the 2004 Act.

2. A home inspector must prepare a home condition report on the following terms without exclusion or limitation-

• (a) that the report will be prepared with reasonable care and skill;
• (b) that the home inspector will provide in the report an objective opinion about the condition of the property;
• (c) that such an opinion will be based on his inspection;
• (d) that the home inspector will identify in the report such conditions within the property as appear to-
  • (i) be defects that are serious or require urgent attention, or both;
  • (ii) give rise to repair or replacement; or
  • (iii) give rise to further investigation;
• (e) that a responsible person may copy or issue a copy of the report for the purposes of complying with-
  • (i) regulations 5, 6, 8(h)(i), 8(j) and 21; and
  • (ii) section 156(1), (2) and (11) of the 2004 Act; and
• (f) that any person may do one or more of the following for the purposes of a disclosure or other act authorised by regulations made under section 165 of the 2004 Act-
  • (i) copy a report;
  • (ii) issue a copy of a report;
  • (iii) rent or lend a report;
  • (iv) communicate a report; or
  • (v) make an adaptation of a report or do any of the above in relation to an adaptation.

3. A home inspector must prepare a home condition report on terms enabling the provisions of the contract under which the report is prepared to be enforced in relation to the terms mentioned in paragraph 2 of this Schedule, by the following persons in their own right (whether or not they are a party to such a contract)-

• (a) the seller;
• (b) a potential or actual buyer of the property interest; and
• (c) a mortgage lender in respect of the property interest.

4. A home inspector may prepare a home condition report on any of the following-

• (a) terms additional to those described in paragraphs 2 and 3 of this Schedule (but without excluding or limiting them); and
• (b) terms more favourable to-
  • (i) the seller;
  • (ii) a potential or actual buyer of the property interest; or
  • (iii) a mortgage lender in respect of the property interest,
  • than those described in paragraphs 2 and 3 of this Schedule.

5. Any home condition report which contains terms less favourable to-

• (a) the seller;
• (b) a potential or actual buyer of the property interest; or
• (c) a mortgage lender in respect of the property interest,

than those required by this Schedule does not comply with the requirements of this Schedule.

6. A home condition report must be completed by a home inspector so as to contain his record of the following information-

• (a) his name;
• (b) whether he has or is likely to have any personal or business relationship with any person involved in the sale of the property;
• (c) the reference number or code against which the report is registered under paragraph 1(b) of this Schedule;
• (d) the names of such approved certification schemes as of which he is a member and in which capacity the report is made;
• (e) such membership numbers or codes as have been allocated to him by those schemes;
• (f) the name and address of his employer, or if he is self-employed, the name under which he trades;
• (g) the date of the inspection and the date the report is completed;
• (h) the address of the property;
• (i) the year of building of the property or, if this cannot be ascertained by him, his estimate of the year of building;
• (j) the number of-
  • (i) storeys or levels in the property; and
  • (ii) rooms on each storey or level of the property;
• (k) such provision as has been made for the parking of vehicles relating to occupants of or visitors to the property;
• (l) such utility services as are connected to the property and the condition of their visible parts;
• (m) if the property is situated in a flat or maisonette-
  • (i) the number of storeys or levels of the building in which the flat or maisonette is situated;
  • (ii) the number of flats and maisonettes in that building or, if this cannot be ascertained by him, his estimate of the approximate number of flats and maisonettes;
  • (iii) whether the building contains a passenger lift to the storey or level on which the property is situated;
  • (iv) the general condition of such areas that lead to the property as are common to both it and any neighbouring premises; and
  • (v) the general condition of the building in which the flat or maisonette is situated;
• (n) risks to the health or safety of the property's occupants or visitors, so far as he can ascertain them;
• (o) the condition of the outside parts of the property including such-
  • (i) roof coverings;
  • (ii) rainwater pipes and gutters;
  • (iii) chimney stacks; and
  • (iv) walls, doors and windows,
  • as relate to the property;
• (p) the condition of the inside parts of the property including-
  • (i) roof structures accessible directly from the property;
  • (ii) ceilings and floors;
  • (iii) internal walls; and
  • (iv) kitchen and bathroom fittings,
  • and whether their appearance suggests that they have been materially affected by dampness;
• (q) the general condition of such outbuildings as are part of the property;
• (r) the energy performance of the property, including an energy performance certificate;
• (s) whether any parts of the property to which he would normally expect to have access were not accessible to him on the day of the inspection; and
• (t) any other provision required by an approved certification scheme of which he is a member and in which capacity the report is made.

7. Nothing in this Schedule shall be construed as requiring a home inspector to-

• (a) inspect such parts of the property as are not reasonably accessible on the day of the inspection; or
• (b) move furniture, fittings or personal items at the property during an inspection.

8. A home condition report must not contain any of the following-

• (a) information or data from which another living individual can be identified from the report;
• (b) any expression of opinion about a living individual; or
• (c) information about security features at the property and, in particular, burglar alarm systems, safes or locks.

1. In this Schedule-

• "annual increment" means a compound increase occurring each 12 months after the commencement date, the increase being based on the lower of-
  • (a) the rate of inflation in re-building residential premises; or
  • (b) a rate of 10% ;
• "common parts" means such common parts-
  • (a) as relate to the property;
  • (b) as are shared with other premises; and
  • (c) as are built or converted by the developer together with the property;
• "commencement date" means the day the new homes warranty commences;
• "continuous structures" means premises that share common foundations;
• "damage" includes water ingress;
• "financial compensation" relates to the actual costs incurred in the carrying out of remedial work to the property by a person other than a warranty provider;
• "policy-holder" means-
  • (a) the owner of the property for the time being; and
  • (b) the party to the new homes warranty for the time being (not being a warranty provider);
• "structural features" means-
  • (a) foundations;
  • (b) walls bearing normal residential loads;
  • (c) non load-bearing partition walls;
  • (d) wet-applied wall plaster;
  • (e) external render and vertical tile hanging;
  • (f) load-bearing parts of roof;
  • (g) tile and slate coverings to pitched roofs;
  • (h) ceilings;
  • (i) load-bearing parts of floors;
  • (j) staircases and internal floor decking and other floor screeds intended to support normal residential loads;
  • (k) retaining walls necessary for structural stability of the property;
  • (l) double or triple glazed panes to external windows and doors;
  • (m) under-ground drainage that the policy-holder is responsible for maintaining; and
  • (n) chimneys and flues;
• "warranty period" means the period of time during which the new homes warranty exists; and
• "warranty provider" is any person who does one or more of the following-
  • (a) offers the new homes warranty to an owner or potential owner of the property;
  • (b) effects the contract of insurance which is the subject of the new homes warranty;
  • (c) carries out such a contract;
  • (d) deals with such a contract as an agent;
  • (e) makes arrangements for another person (whether as principal or agent) to buy, sell, subscribe for or underwrite such a contract;
  • (f) makes arrangements with a view to a person who participates in such arrangements buying, selling, subscribing for or underwriting such a contract (whether as principal or agent);
  • (g) assists in the administration and performance of such a contract;
  • (h) advises a person (in that person's capacity as a policy-holder or potential policy-holder) on the merits of such a contract; or
  • (i) agrees to carry out any of the activities specified in sub-paragraphs (a) to (h), and

where there is more than one warranty provider in relation to a particular new homes warranty, "warranty provider" refers to any of those persons.

2. -(1) A new homes warranty complies with this Schedule if it-

• (a) is made under the arrangements described in Part 2; and
• (b) contains, as a minimum, the terms described in Part 3, although the term described in paragraph 10 must only be included where the new homes warranty makes provision for a developer's obligations to the policy-holder.

(2) Any warranty dealing with any defects in the design, building, or completion of the property, which contains-

• (a) terms additional to those described in Part 3 of this Schedule (without excluding or limiting them); or
• (b) terms more favourable to the policy-holder than those described in Part 3,

may be regarded as complying with this Schedule.

(3) A new homes warranty may be regarded as complying with this Schedule if it contains-

• (a) any of the limits described in Part 4; or
• (b) any limits of a type described in that Part, but which are more favourable to the policy-holder.

(4) Any new homes warranty which contains terms less favourable to the policy-holder than those described in Part 4 does not comply with this Schedule.

(5) The undertakings described in Part 3 of this Schedule must be made in the new homes warranty by a warranty provider.

3. -(1) Any liability of any type arising under a new homes warranty which complies with this Schedule must be the subject of a contract of insurance against such risk to be effected by and to be carried out by persons so authorised for the purposes of the Financial Services and Markets Act 2000[27].

(2) Where a warranty provider-

• (a) effects the contract of insurance which is the subject of the new homes warranty;
• (b) carries out such a contract;
• (c) deals with such a contract as an agent;
• (d) makes arrangements for another person (whether as principal or agent) to buy, sell, subscribe for or underwrite such a contract;
• (e) makes arrangements with a view to a person who participates in such arrangements buying, selling, subscribing for or underwriting such a contract (whether as principal or agent);
• (f) assists in the administration and performance of such a contract;
• (g) advises a person (in that person's capacity as a policy-holder or potential policy-holder) on the merits of such a contract; or
• (h) agrees to carry out the activities specified in sub-paragraphs (a) to (g),

it must be authorised to do so under the Financial Services and Markets Act 2000.

[27] 2000 c. 8. Section 33 of that Act defines "authorised persons" for the purposes of the Act. Under section 19 of that Act, no person may carry on a regulated activity in the United Kingdom or purport to do so unless he is an authorised person or an exempt person, and section 31 defines authorised persons. Under section 22(1), an activity is a regulated activity for the purposes of that Act if it is an activity described in an order made by the Treasury and the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (S.I. 2001/544) was made accordingly. Article 10(2) of that Order provides that carrying out a contract of insurance as a principal is a described kind of activity. Articles 21, 25(1), 25(2), 39A, 53 and 64 specify other relevant activities.

4. Prior to the commencement date, a warranty provider must provide the potential policy-holder with a document confirming that-

• (a) it has conducted a final inspection under paragraph 9(a) of this Schedule; and
• (b) it intends to enter into the new homes warranty with the potential policy-holder.

5. The commencement date for the new homes warranty must be no earlier than the day the sale of the property is completed.

6. The warranty period for the new homes warranty must be at least 10 years from the commencement date.

7. Under the new homes warranty, a warranty provider must provide the policy-holder with-

• (a) a certificate confirming the existence of the new homes warranty and the commencement date; and
• (b) a document setting out all the terms of the new homes warranty.

8. The new homes warranty must be capable of being transferred during the warranty period-

• (a) by a current policy-holder to a subsequent owner of the property; and
• (b) no payment or consideration in kind must be charged to anyone for doing so.

9. Under the new homes warranty, a warranty provider must undertake that-

• (a) it has conducted reasonable checks and inspections during the building or conversion of the property and a final inspection of the property, all for the purposes of ensuring-
  • (i) that the property is physically complete; and
  • (ii) it is designed and finished to a reasonable standard; and
• (b) the inspections described in sub-paragraph (a) lead a warranty provider to believe that-
  • (i) most of such structural features as exist at the property will withstand normal residential wear and tear for 60 years from the commencement date, if properly maintained; and
  • (ii) the building of the property meets all the statutory requirements which apply at the commencement of building work and, in particular, those of the Building Act 1984[28] and the Building Regulations 2000[29].

[28] c. 29.

[29] 2000/2531. The Building Regulations 2000 were amended by the Building and Approved Inspectors (Amendment) Regulations 2006 (S.I. 2006/652), the Building (Amendment) (No. 3) Regulations 2004 (S.I. 2004/3210), the Building (Amendment) Regulations 2004 (S.I. 2004/1465), the Building (Amendment) Regulations 2003 (S.I. 2003/2692), the Building (Amendment) (No. 2) Regulations 2002 (S.I. 2002/2871), the Building (Amendment) Regulations 2002 (S.I. 2002/0440) and the Building (Amendment) Regulations 2001 (S.I. 2001/3335).

10. -(1) This paragraph applies-

• (a) where the new homes warranty makes provision for a developer's obligations to the policy-holder in respect of the matters described in paragraphs 11(1)(a), 11(1)(b) and 12(2)(a) of this Schedule, or any other any defects or damage to the property; and
• (b) such a defect is apparent or such damage occurs at any time during the warranty period.

(2) Under such a new homes warranty, a warranty provider must undertake that-

• (a) a warranty provider will meet all such obligations if the developer fails to do so (or no longer exists and has no successor), or provide financial compensation in respect of the obligations;
• (b) it will provide a resolution or conciliation service-
  • (i) the aim of which is to resolve any disputes between the policy-holder and the developer relating to such obligations and their timely fulfilment; and
  • (ii) for which no payment or consideration in kind is charged to the policy-holder;
• (c) if the resolution or conciliation service described in paragraph (b) recommends that remedial work to the property should be conducted by the developer, a warranty provider will use all reasonable endeavours to ensure that the developer carries out such work;
• (d) if the developer fails to carry out such remedial work (or no longer exists and has no successor), a warranty provider will carry out the work instead, or provide financial compensation for it; and
• (e) if the resolution or conciliation service described in paragraph (b) does not prove satisfactory to the policy-holder, it will make available to the policy-holder another form of resolution or conciliation service which is independent to that warranty provider.

11. -(1) Under the new homes warranty, a warranty provider must undertake that it or the developer will put right, arrange to put right or provide financial compensation for-

• (a) any actual destruction of or damage to the property caused by any defects-
  • (i) of such structural features as exist at the property and common parts; and
  • (ii) occurring during the first 10 years of the warranty period; and
• (b) any conditions caused by defects in the design, workmanship, materials or other components-
  • (i) of such structural features as exist at the property and common parts;
  • (ii) which cause an imminent danger of destruction or damage to the property; and
  • (iii) which are apparent during the first 10 years of the warranty period.

(2) The carrying out of the obligations described in sub-paragraph (1) may be shared between a warranty provider and the developer.

12. -(1) This paragraph applies to such of the following as exist at the property and common parts-

• (a) electrical wiring and connections;
• (b) equipment and fixtures for the collection and distribution of gas, water, heating and ventilation;
• (c) drains;
• (d) other mechanical and electrical apparatus that are intended to be lasting-
  • (i) including boilers; and
  • (ii) excluding lifts;
• (e) wall partitions;
• (f) internal windows;
• (g) plaster applied to walls and ceilings;
• (h) tiling to walls, floors or ceilings;
• (i) other floor coverings that are intended to be lasting;
• (j) internal and external doors;
• (k) finishes to surfaces; and
• (l) fixtures.

(2) Under the new homes warranty, a warranty provider must undertake that it or the developer will put right, arrange to put right or provide financial compensation-

• (a) for any-
  • (i) defect in any of the items described in sub-paragraph (1); and
  • (ii) damage to the property caused by such a defect; and
• (b) where such a defect is apparent or such damage occurs during the first two years of the warranty period.

(3) The carrying out of the obligations described in sub-paragraph (2) may be shared between a warranty provider and the developer.

13. Subject to paragraph 18 of this Schedule, under the new homes warranty, a warranty provider must undertake to pay to the policy-holder (or another person as agreed with the policy-holder) all costs and expenses-

• (a) that are incurred by those normally living at the property for-
  • (i) the removal and storage of belongings; and
  • (ii) securing alternative accommodation; and
• (b) occurring due to the property becoming uninhabitable as a result of any liability on the part of a warranty provider under the new homes warranty or otherwise.

14. Subject to paragraph 19 of this Schedule, under the new homes warranty, a warranty provider must undertake to pay such professional and other fees-

• (a) as are incurred by the policy-holder relating to the complete or partial re-building of or rectifying work to the property-
  • (i) as a result of any liability on the part of a warranty provider under the new homes warranty or otherwise; and
  • (ii) excluding the actual costs of carrying out such work; and
• (b) for which the prior written permission of a warranty provider is sought by the policy-holder, and given accordingly.

15. -(1) This paragraph applies to a property newly built from foundations.

(2) The total amount of any payments, financial compensation or costs of remedial work arising under the new homes warranty may, in relation to the property, be limited to-

• (a) £500,000 plus the annual increment; or
• (b) the value of the property at the time the sale of the property was completed plus the annual increment.

(3) Where the property forms part of a continuous structure, the total amount of any payments, financial compensation or costs of remedial work arising under all the related new homes warranties may be limited to £10,000,000 plus the annual increment in relation to all the premises which form part of the continuous structure.

16. -(1) This paragraph applies to a property where the most recent use of the premises, is or was a primarily non-residential use, and it is due to be converted to a residential property by the time the sale is completed.

(2) The total amount of any payments, financial compensation or costs of remedial work arising under the new homes warranty may, in relation to the property be limited to-

• (a) £250,000 plus the annual increment; or
• (b) the value of the property at the time the sale of the property was completed plus the annual increment.

(3) Where the property forms part of a continuous structure, the total amount of any payments, financial compensation or remedial work arising under all related new homes warranties may be limited to £5,000,000 plus the annual increment in relation to all the premises which form part of the continuous structure.

17. -(1) Subject to sub-paragraph (2), the new homes warranty may contain either or both of the following terms-

• (a) a term requiring a contribution to be paid by the policy-holder in relation to any claims made under the new homes warranty; or
• (b) a term requiring a minimum financial value to any claims made by the policy-holder under the warranty.

(2) The contribution or value required in each of the sub-paragraphs (1)(a) or (b) must be no more than £1,000 plus the annual increment.

18. The costs and expenses payable by a warranty provider under paragraph 13 of this Schedule may be limited to those that are reasonably and necessarily incurred.

19. The fees payable by a warranty provider under paragraph 14 of this Schedule may be limited to either or both of the following-

• (a) those that are reasonably and necessarily incurred; or
• (b) those other than fees incurred by the policy-holder in investigating or preparing a claim under the new homes warranty.

1. A report on a home not physically complete must consist of-

• (a) a statement of the day or the predicted day on which the property is likely to be physically complete;
• (b) a statement of whether the property will be-
  • (i) a house;
  • (ii) a bungalow;
  • (iii) a flat; or
  • (iv) a maisonette.
• (c) if the property will be a house or bungalow, a statement of whether it will be-
  • (i) detached;
  • (ii) semi-detached; or
  • (iii) terraced;
• (d) if the property will be a flat or maisonette, a statement of-
  • (i) the total number of floors in the building;
  • (ii) the total number of the flats or maisonettes in the building;
  • (iii) whether there will be a lift to the floor on which the entrance to the property will be situated;
• (e) a statement of the approximate total useable floor area in the property (in square metres);
• (f) a description of the proposed methods of building (including any trade names for the materials described);
• (g) a description of the materials used or to be used in the outside parts of the property;
• (h) a description of the heating and hot-water systems to be used for the property;
• (i) a description of the standards to which the garden or other land being sold with the property will be finished;
• (j) a statement as to whether any land on the site has been or will be brought up to the level of the surrounding area artificially;
• (k) a statement as to whether a new homes warranty complying with Schedule 6 has been offered for the building, completion or conversion of the property and whether the property will qualify for such a warranty; and
• (l) if the property will not qualify for such a warranty, a statement of the name and qualifications of the person monitoring the building, completion or conversion of the property.

2. A report on a home not physically complete must attach-

• (a) a plan (to a scale of not less than 1:1250) showing the location and actual or approximate boundaries of the property (with the length of the boundaries indicated in metres) as it will be once it is completed, and marking-
  • (i) neighbouring buildings and structures, and surrounding land; and
  • (ii) the roads, public highways and footpaths that serve or will serve the property;
• (b) a plan (to a scale of not less than 1:100) showing the layout and actual or approximate height, width and length (in metres) of each of the proposed rooms in the property; and
• (c) a predicted energy performance certificate for the property.