Schedules 1 - 7

1. A home information pack index must-

• (a) display prominently the title "Home Information Pack Index";
• (b) contain the address or proposed address (which may include a plot number) of the property;
• (c) consist of a list of all the documents included in the home information pack;
• (d) be revised whenever a document is included in or removed from the pack;
• (e) where regulation 16, 17 or 20 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
• (f) where regulation 16 or regulation 17(2)(e) apply, indicate
  • (i)such steps as are being taken to obtain the document;
  • (ii) the date by which the responsible person expects to obtain the document;
  • (iii) the reason for the delay which has accurred or is likely to occur to the date described in paragraph (ii); and
  • (iv) where paragraph (iii) applies, the further date by which the responsible person expects 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 predicted energy assessment muct-

• (a) display prominently the title "Predicted Energy Assessment";
• (b) contain the following statement-
  • "This document is a Predicted Energy Assessment required to be included in a Home Information Pack for properties marketed when they are incomplete. It includes a predicted energy rating which might not represent the final energy rating of the property on completion. Once the property is completed, the Pack should be updated to include information about the energy performance of the completed property."
• (c) contain the address or proposed address (which may include a plot number) of the property;
• (d) be compiled otherwise than by a visual inspection of the property;
• (e) contain the asset rating within the meaning given by regulation 2(1) of the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007(a) which is-
  • (i) predicted for the building;
  • (ii) based on its plans and specification; and
  • (iii) expressed in a way approved bt the Secretary of State under regulation 17A of the Building Regulations 2000(b); and
• (f) contain an explanation of that rating.

1. A sale statement must state-

• (a) display prominently the title "Sale Statement";
• (b) contain the address or proposed address (which may include a plot number) of the property;
• (c) 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;
• (d) state 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;
• (e) contain the name of the seller, and the capacity in which they are selling the property;
• (f) state 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
• (g) 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(g)(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(g)(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) and their predecessors (if any).

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

• (a) the lease in the form of-
  • (i) an official copy;
  • (ii) the original lease (or a copy of it in accordance with regulation 6); 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[a] 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 sub-paragraph (1)(a), the documents required by sub-paragraph 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) 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 (c. 15)which substitutes section 21 of the Landlord and Tenant Act 1985 is not yet fully in force. (b) Section 20 is substituted by section 151 of the commonhold and Leasehold Reform Act 2002

2. -(1) Subject to sub-paragraph (2), the matters referred to in regulation 8(h)(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) where section 20 of the Landlord and Tenant Act 1985(b) applies to any qualifying works or qualifying long term agreement in respect of the property, a summery of-
  • (i) such work or agreement in relation to which a relevant contribution (or any part of a relevant contribution) has not been paid by the first point of marketing;
  • (ii) the total or estimated total cost of such works or agreements;
  • (iii) the expected remaining relevant contribution of a lease of the property;
  • (iv) the date or estimated date that such works or agreements will be concluded; and
  • (v) the date or estimated date that the remaining relevant contributions will be required of lessee of the property.

(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) and their predecessors (if any).

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

• (a) any lease(a) 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)(e) 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 search report complying with this Schedule must contain the following information-

• (a) the address of the premises in respect of which the search is conducted;
• (b) a statement of whether the following persons have, or are likely to have, any personal or business relationship with any person involved in the sale of the property-
  • (i) a person who conducted the search; and
  • (ii) a person who prepared the search report;
• (c) such enquiries as formed the basis of the search and the information sought;
• (d) subject to paragraph 3 of this Schedule, the results of the search;
• (e) the date the search was completed;
• (f) a description of the records searched, and who they are held by;
• (g) if the records searched are derived from other records, a description of those other records and the name and address of the person who holds them;
• (h) a description of how relevant documents can be obtained (if they are not included in the home information pack under regulation 9(o) or otherwise);
• (i) the names and addresses of the parties to the arrangements-
  • (i) under which the search was conducted; and
  • (ii) if different, under which the search report was prepared;
• (j) the name of the persons liable in each of the following events-
  • (i) any negligent or incorrect entry in the records searched;
  • (ii) any negligent or incorrect interpretation of the records searched; and
  • (iii) any negligent or incorrect recording of that interpretation in the search report;
• (k) a description of such complaints or redress procedures as exist in relation to the report; and
• (l) the terms on which the report is made, including-
  • (i) the terms described in paragraphs 5, 6 and 7; and
  • (ii) the names of the persons who are liable to make the payments described in paragraph 4(g), 4(h), 7(b) and 7(c).

2. A search report complying with this Schedule may contain or be accompanied by documents containing all or any of the following information-

• (a) information which identifies the search or the search report;
• (b) information which explains the results of the search, the search report or the enquiries or matters to which the results of the search relate; and
• (c) information which identifies services or features local to the property, but not including any advertising or marketing information about them.

3. Subject to paragraph 4, the results of the search included in a search report under paragraph 1(d) of this Schedule must not fail to answer such enquiries as formed the basis of the search, nor fail to give the information originally sought, unless-

• (a) a record from which the answer or result could be deduced is not held by or obtainable under any circumstances from-
  • (i) a local authority in the case of a search report required by regulation 8(j)(ii) (personal search of the local land charges register) or 8(k) (local enquires), or authorised by regulation 9(m)(i) (supplementary local enquiries); or
  • (ii) any person in the case of any other search report, and
• (b) a statement is also included in the search report indicating-
  • (i) that a particular result is not included; and
  • (ii) the reason under sub-paragraph (a) for failing to include the result.

4. The result of the search included in the search report required by regulation 8(k) (local enquiries) may fail to answer the enquiries set out in Part 2 of Schedule 7, in the following circumstances-

• (a) the first point of marketing falls before 1st April 2008 (except where a further first point of marketing arises under regulation 3(4) or Part 5);
• (b) a record from which the answer or result could be deduced is held by a local authority;
• (c) that local authority has a policy of not allowing other persons to inspect such records;
• (d) a local authority is not requested to provide the search report;
• (e) any enquires not answered are the subject of a contract of insurance against the liabilities that if they had been answered, they would have effected;
  • (i) an actual buyer's decision to buy the property; or
  • (ii) the price an actual or potential buyer would be prepared to pay for it, and result in financial loss
(f) such a contract of insurance is effected by, and to be carried out by persons so authorised for the purpose of the Financial Services and Markets Act 2000;
• (g) any liability for financial loss arising under paragraph (e) will be met by financial compensation to be paid by a person (other than the person described in paragraph 6(a)(i) to (iii)) who is-
  • (i) a party to the contract of insurance; or
  • (ii) another person involved in the sale of the property; and
• (h) such financial compensation is paid by a person mentioned in sub-paragraph (f) if any person mentioned in sub-paragraph (g) fails to pay it (or no longer exists and has no successor); and
• (i) the search report-
  • (i) contains a description of the terms and effect of the insurance described in this paragraph; and
  • (ii) identifies which enquires have not been answered and in respect of which the insurance has been obtained

5. Any person may prepare a report required by regulation 8(j)(ii) (personal search of the local land charges register), 8(k) (local enquiries) or 8(l) (drainage and water enquiries), but must do so on the following terms without exclusion or limitation-

• (a) that the search report will be prepared with reasonable care and skill; and
• (b) that a responsible person may copy or issue a copy of the report for the purposes of complying with any of the following provisions-
  • (i) regulations 5, 6, 8(j)(ii), 8(k), 8(l) and 24; and
  • (ii) section 156(1), (2) and (11) of the 2004 Act.

6. The person preparing a search report required by regulation 8(j)(ii)(personal search of the local land charges register), 8(k) (local enquiries) or 8(l) (drainage and water enquiries) must do so on terms enabling the provisions of the contract under which the report is prepared-

• (a) to be enforced in relation to the terms mentioned in paragraph 5, by-
  • (i) the seller;
  • (ii) a potential or actual buyer of the property interest; and
  • (iii) a mortgage lender in respect of the property interest; and
• (b) to be enforced by such persons in their own right, whether or not they are a party to such a contract.

7. The person preparing the search reports required by regulation 8(k) (local enquiries) or 8(i) (drainage and water enquiries) must do so on terms ensuring that-

• (a) any liability of any type arising under paragraph 6 of this Schedule is the subject of a contract of insurance against such risk effected by, and to be carried out by persons so authorised for the purposes of the Financial Services and Markets Act 2000;
• (b) any liability for financial loss arising under paragraph 6 of this Schedule will be met by financial compensation to be paid by a person (other than the persons described in paragraph 6(a)(i) to (iii) who is-
  • (i) a party to the contract of insurance; or
  • (ii) another person involved in the sale of the property; and
• (c) such financial compensation is paid by a person mentioned in sub-paragraph (a), if any person mentioned in sub-paragraph(b) fails to pay it (or no longer exists and has no successor).

8. The amount of the financial compensation referred to in paragraph 4(g) and 7(b) may be limited to the amount the potential or actual buyer reasonably believed to be the value of the property interest-

• (a) at the time the search report was completed; and
• (b) as used for residential purposes.

9. A person may prepare the search reports required by regulation 8(j)(ii) (personal search of the local land charges register), 8(k) (local enquiries) or 8(l) (drainage and water enquiries) on any of the following terms-

• (a) terms additional to those described in paragraphs 5, 6 and 7 of this Schedule (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 5, 6 and 7 of this Schedule.

10. Any search 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 Part of this Schedule does not comply with the requirements of this Schedule.

11. Paragraph 4 of this Schedule applies to pack documents which contain the enquiries required (or enquiries to like effect) to be contained in a search report which would be included under regulation 8(j)(ii), 8(k) or 8(l), regardless of whether one or more of the following has occurred-

• (a) they are included under regulation 9(m), Schedule 10 or another provision of these Regulations; or
• (b) they are described as a local land charges search, local enquiries or drainage and water enquiries, or given similar descriptions.

1. -(1) In this Schedule-

• "adoption" and related expressions mean an agreement made under section 38 of the Highways Act 1980[30];
• "bond" means an indemnity or guarantee which is sought by a local authority as to the financial security of a developer of land;
• "bond waiver" means an agreement that a local authority will not seek a bond from a developer of land;
• "breach of condition notice" means a notice served under section 187A of the Town and Country Planning Act 1990[31];
• "building preservation notice" means a notice served under section 3 of the Planning (Listed Buildings and Conservation Areas) Act 1990[32];
• "building regulations approvals" means-
  • (a) plans passed under section 16 of the Building Act 1984[33]; or
  • (b) a certificate given under regulation 21(6) of the Building Regulations 2000[34] (regularisation certificates);
• "building regulations completion certificate" means a certificate given under regulation 17(1) of the Building Regulations 2000[35];
• "building regulations" has the same meaning as in section 122 of the Building Act 1984;
• "certificate of lawfulness of existing use or development" means a certificate issued under section 191(4) of the Town and Country Planning Act 1990[36];
• "certificate of lawfulness of proposed use or development" means a certificate issued under section 191(2) of the Town and Country Planning Act 1990[37];
• "competent person self-certification scheme" means a scheme under whose provisions building work which consists only of work of a type described in colume 1 of the Table in Schedule 2A to the building Regulations 2000(37a) is carried out by a person who is described in the corresponding entry in column 2 of the Table.;
• "compulsory purchase order with a direction for minimum compensation" means an order confirmed or made under section 50(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990[38];
• "conservation area" means either or both of the following-
  • (a) an area designated under section 69 of the Planning (Listed Buildings and Conservation Areas) Act 1990; or
  • (b) an area so designated before 31st August 1974 by other means;
• "contaminated land notice" means a notice given under section 78B(3) of the Environmental Protection Act 1990[39];
• "cycle track" means a way constituting or comprised in a highway, being a way over which the public have the following, but no other, rights of way, that is to say, a right of way on pedal cycles (other than pedal cycles which are motor vehicles within the meaning of the Road Traffic Act 1988[40]) with or without a right of way on foot;
• "development plan" must be construed in accordance with section 38 of the Planning and Compulsory Purchase Act 2004[41];
• "direction restricting permitted development" means a direction given under article 4 of the Town and Country Planning (General Permitted Development) Order 1995[42];
• "drainage agreement" means an agreement made under section 22(2) of the Building Act 1984;
• "enforcement notice" means a notice issued under section 172 of the Town and Country Planning Act 1990[43];
• "footpath" means a highway over which the public have a right of way on foot only, not being a footway;
• "footway" means a way comprised in a highway which also comprises a carriageway, being a way over which the public have a right of way on foot only;
• "frontager" means the owner or occupier of premises that abut a road, footway or footpath;
• "highway maintainable at public expense" means a highway which by virtue of section 36 of the Highways Act 1980[44] or of any other enactment is a highway which for the purposes of that Act is a highway maintainable at the public expense;
• "improvement" means the doing of any act under powers conferred by Part 5 of the Highways Act 1980 and includes the erection, maintenance, alteration and removal of traffic signs, and the freeing of a highway or road-ferry from tolls;
• "land required for public purposes" means land to which paragraphs 5 and 6 of Schedule 13 to the Town and Country Planning Act 1990 relate[45];
• "land to be acquired for road works" means land to be acquired by a public authority under any of sections 239 to 246 of the Highways Act 1980[46];
• "listed building enforcement notice" means a notice issued under section 38 of the Planning (Listed Buildings and Conservation Areas) Act 1990[47];
• "listed building repairs notice" means a notice served under section 48 of the Planning (Listed Buildings and Conservation Areas) Act 1990;
• "mini-roundabout" means a roundabout consisting of a level or raised circular marking of a diameter of four metres or less;
• "order requiring discontinuance of use or alteration or removal of buildings or works" means an order made under section 102 of the Town and Country Planning Act 1990[48];
• "order revoking or modifying planning permission" means an order made under section 97 of the Town and Country Planning Act 1990[49];
• "planning agreement" means an agreement made under section 106 of the Town and Country Planning Act 1990, as existing at any time before the enactment of the Planning and Compulsory Purchase Act 2004[50];
• "planning contravention notice" means a notice served under section 171C of the Town and Country Planning Act 1990[51];
• "planning contribution" means a contribution to be made pursuant to any regulations made under sections 46 to 48 of the Planning and Compulsory Purchase Act 2004[52];
• "remediation notice" means a notice served under section 78E of the Environmental Protection Act 1990[53];
• "railway" means a system of transport employing parallel rails which-
  • (a) provide support and guidance for vehicles carried on flanged wheels; and
  • (b) form a track which either is of a gauge of at least 350 millimetres or crosses a carriageway (whether or not on the same level),
  • but does not include a tramway;
• "road hump" means an artificial hump in or on the surface of the highway which is designed to control the speed of vehicles, and references to a road hump include references to any other works (including signs or lighting) required in connection with such a hump;
• "special road" means a highway, or a proposed highway, which is a special road in accordance with section 16 of the Highways Act 1980;
• "stop notice" means a notice served under section 183 of the Town and Country Planning Act 1990[54];
• "traffic calming works", in relation to a highway, means works affecting the movement of vehicular or other traffic for the purpose of-
  • (a) promoting safety (including avoiding or reducing, or reducing the likelihood of, danger connected with terrorism within the meaning of section 1 of the Terrorism Act 2000[55]); or
  • (b) preserving or improving the environment through which the highway runs;
• "tramway" means a system of transport used wholly or mainly for the carriage of passengers and employing parallel rails which-
  • (a) provide support and guidance for vehicles carried on flanged wheels; and
  • (b) are laid wholly or mainly along a street or in any other place to which the public has access (including a place to which the public has access only on making a payment);
• "tree preservation order" means an order made under section 198 of the Town and Country Planning Act 1990[56]; and
• "trunk road" means a highway, or a proposed highway, which is a trunk road by virtue of section 10(1) or section 19 of the Highways Act 1980 or by virtue of an order or direction under section 10 of that Act[57] or under any other enactment.

(2) In paragraph 8 "private sewer", "drain" and "disposal main" have the same meaning as in Schedule 9.

[30] Amended by section 22(1) of the New Roads and Street Works Act 1991 (c. 22).

[31] Inserted by section 2 of the Planning and Compensation Act 1991 (c. 34).

[32] Amended by section 20(4) of and paragraph 25(2) of Schedule 6 to the Local Government (Wales) Act 1994 (c. 19).

[33] There are amendments to section 16 which are not relevant to these Regulations.

[34] S.I. 2000/2531. Under this provision, an applicant may apply to a local authority for a regularisation certificate in respect of unauthorised building work.

[35] Regulation 17 is to be amended by article 53(1) of and paragraph 6 of Schedule 3 to the Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/1541).

[36] Substituted by section 10(1) of the Planning and Compensation Act 1991 (c. 34).

[37] Substituted by section 10(1) of the Planning and Compensation Act 1991.

[37a] Substituted by S.I. 2006/652.

[38] Amended by section 109(1), paragraph 345 of Schedule 8 to and Schedule 10 to the Courts Act 2003 (c. 39).

[39] Inserted by section 57 of the Environment Act 1995.

[40] 1988 c. 52.

[41] 2004 c.5.

[42] S.I. 1995/418. Article 4 was amended by article 2(c) of the Town and Country Planning (General Permitted Development) (Amendment) Order 1996.

[43] Substituted by section 5 of the Planning and Compensation Act 1991.

[44] 1980 c.66. Section 36 was amended by section 4(1) of and paragraph 47 of Schedule 2 to the Housing (Consequential Provisions) Act 1985 (c. 71), sections 64 and 68 of and Part 1 of Schedule 2 to the Transport and Works Act 1992 (c. 42), section 4 of and paragraph 45(3) of Schedule 2 to the Planning (Consequential Provisions) Act 1990 (c.11) and section 57 of and Part 1 of Schedule 6 to the Countryside and Rights of Way Act 2000 (c. 37). There are further amendments to section 36 which are not relevant to these Regulations.

[45] Paragraph 5 was amended by sections 32 and paragraph 56 of Schedule 7 to the Planning and Compensation Act 1991. Both paragraphs 5 and 6 were amended by section 118(1) of and paragraphs 1 and 18 of Schedule 6 to the Planning and Compulsory Purchase Act 2004.

[46] Section 245A was inserted by section 13 of the Traffic Management Act 2004 (c. 18). At the time these Regulations are made, the amendment is not yet in force in relation to Wales.

[47] Amended by sections 25 and 84 of and Schedule 3 to the Planning and Compensation Act 1991.

[48] Amended by sections 21 and 32, paragraph 6 of Schedule 1 to and paragraph 21 of Schedule 7 to the Planning and Compensation Act 1991.

[49] Amended by sections 21 and 84 of, paragraph 4 of Schedule 1 to, and Schedule 19 to the Planning and Compensation Act 1991.

[50] At the time these Regulations are made, section 106 is yet to be repealed by sections 118(1) and 120, paragraphs 1 and 5 of Schedule 6 to and Schedule 9 to the Planning and Compulsory Purchase Act 2004.

[51] Inserted by section 1 of the Planning and Compensation Act 1991 and amended by article 5(a) of the Town and Country Planning (Electronic Communications) (England) Order 2003 (S.I. 2003/956) and article 5(a) of Town and Country Planning (Electronic Communications) (Wales) (No 1) Order 2004 (S.I. 2004/3156).

[52] At the time these Regulations are made no regulations have yet been made under these provisions.

[53] Inserted by section 57 of the Environment Act 1995 and amended by sections 86 and 105 of the Water Act 2003.

[54] Substituted by section 9(1) of the Planning and Compensation Act 1991.

[55] 2000 (c. 1).

[56] Amended by sections 31, 32 and 84, paragraph 20 of Schedule 6 to, paragraph 34 of Schedules 7 and 19 to the Planning and Compensation Act 1991. Also amended by section 42(3) of the Planning and Compulsory Purchase Act 2004.

[57] Section 10 was amended by section 22(2) of the New Roads and Street Works Act 1991 (c. 22) and section 19 was amended by section 21(1) of that Act.

2. -(1) The search report required by regulation 8(k) must contain the enquiries set out in Part 2.

(2) Those enquiries must relate to the property.

(3) The enquiries in paragraphs 6 to 18 relate only to matters which are not entered on the appropriate local land charges register.

3. What applications for any of the following relating to the property have been given, approved or rejected or are pending a decision-

• (a) a planning permission;
• (b) a listed building consent;
• (c) a conservation area consent;
• (d) a certificate of lawfulness of existing use or development;
• (e) a certificate of lawfulness of proposed use or development;
• (f) building regulations approvals; and
• (g) a building regulations completion certificate; and
• (h) any building regulation certificate or notice issued in respect of work carried out under a competent person self-certificate scheme(57a)

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[57a] See section 16A of the Building Regulations 2000.

4. What designations of land use for the property or the area, and what specific proposals for the property, are contained in any existing or proposed development plan?

5. Which of the roads, footways and footpaths on which the property is or will be situated are-

• (a) highways maintainable at public expense;
• (b) subject to adoption and supported by a bond or bond waiver;
• (c) to be made up by a local authority who will reclaim the cost from the frontagers; or
• (d) to be adopted by a local authority without reclaiming the cost from the frontagers?

6. Is the property included in land required for public purposes?

7. Is the property included in land to be acquired for road works?

8. Do either of the following exist in relation to the property-

• (a) an agreement to drain buildings in combination into an existing sewer by means of a private sewer; or
• (b) an agreement or consent for-
  • (i) a building; or
  • (ii) extension to a building on the property to be built over, or in the vicinity of a drain, sewer or disposal main?

9. Is the property (or will it be) within 200 metres of any of the following-

• (a) the centre line of a new trunk road or special road specified in any order, draft order or scheme;
• (b) the centre line of a proposed alteration or improvement to an existing road involving construction of a subway, underpass, flyover, footbridge, elevated road or dual carriageway;
• (c) the outer limits of construction works for a proposed alteration or improvement to an existing road, involving-
  • (i) construction of a roundabout (other than a mini-roundabout); or
  • (ii) widening by construction of one or more additional traffic lanes;
• (d) the outer limits of-
  • (i) construction of a new road to be built by a local authority;
  • (ii) an approved alteration or improvement to an existing road involving construction of a subway, underpass, flyover, footbridge, elevated road or dual carriageway; or
  • (iii) construction of a roundabout (other than a mini-roundabout) or widening by construction of one or more additional traffic lanes;
• (e) the centre line of the proposed route of a new road under proposals published for public consultation; or
• (f) the outer limits of-
  • (i) construction of a possible alteration or improvement to an existing road involving construction of a subway, underpass, flyover, footbridge, elevated road or dual carriageway;
  • (ii) construction of a roundabout (other than a mini-roundabout); or
  • (iii) widening by construction of one or more additional traffic lanes, under proposals published for public consultation?

10. Is the property (or will it be) within 200 metres of the centre line of a proposed railway, tramway, light railway or monorail?

11. Has a local authority approved but not yet implemented any of the following for roads, footways and footpaths which abut the boundaries of the property-

• (a) permanent stopping up or diversion;
• (b) waiting or loading restrictions;
• (c) one way driving;
• (d) prohibition of driving;
• (e) pedestrianisation;
• (f) vehicle width or weight restriction;
• (g) traffic calming works including road humps;
• (h) residents parking controls;
• (i) minor road widening or improvement;
• (j) pedestrian crossings;
• (k) cycle tracks; or
• (l) bridge building?

12. Do any statutory notices which relate to the following matters exist in relation to the property other than those revealed in a response to any other enquiry in this Schedule-

• (a) building works;
• (b) environment;
• (c) health and safety;
• (d) housing;
• (e) highways; or
• (f) public health?

13. Has a local authority authorised in relation to the property any proceedings for the contravention of any provision contained in building regulations?

14. Do any of the following subsist in relation to the property, or has a local authority decided to issue, serve, make or commence any of the following-

• (a) an enforcement notice;
• (b) a stop notice;
• (c) a listed building enforcement notice;
• (d) a breach of condition notice;
• (e) a planning contravention notice;
• (f) another notice relating to breach of planning control;
• (g) a listed building repairs notice;
• (h) in the case of a listed building deliberately allowed to fall into disrepair, a compulsory purchase order with a direction for minimum compensation;
• (i) a building preservation notice;
• (j) a direction restricting permitted development;
• (k) an order revoking or modifying planning permission;
• (l) an order requiring discontinuance of use or alteration or removal of buildings or works;
• (m) a tree preservation order; or
• (n) proceedings to enforce a planning agreement or planning contribution?

15. Do the following apply in relation to the property-

• (a) a decision to make the area a conservation area before 31st August 1974; or
• (b) an unimplemented decision to designate the area a conservation area?

16. Has any enforceable order or decision been made to compulsorily purchase or acquire the property?

17. Do any of the following apply (including any relating to land adjacent to or adjoining the property which has been identified as contaminated land because it is in such a condition that harm or pollution of controlled waters might be caused on the property)-

• (a) a contaminated land notice;
• (b) in relation to a register maintained under section 78R of the Environmental Protection Act 1990[58]-
  • (i) a decision to make an entry; or
  • (ii) an entry; or
• (c) consultation with the owner or occupier of the property conducted under section 78G(3) of the Environmental Protection Act 1990[59] before the service of a remediation notice?

[58] 1990 c. 43. Section 78R was inserted by section 57 of the Environment Act 1995.

[59] Section 78G was inserted by section 57 of the Environment Act 1995.

18. Do records indicate that the property is in a "Radon Affected Area" as identified by the Health Protection Agency[60]?

[60] A body established under section 1 of the Health Protection Agency Act 2004 (c. 17).