Scottish Home Buying Reforms

On 5 January 2006, the Housing (Scotland) Act 2006 received Royal Assent which will reform the way in which properties are bought and sold in Scotland.  The two main changes are the introduction of:

  • A single survey in each property transaction
  • The Property Information Pack (PIP)

The Single Survey will be based on the current Homebuyers Report survey report  and will include an energy efficiency rating and a valuation.  The liability of the surveyors producing the report will be statutory and not contractual and there is no intention to establish a central database of reports.

The Scottish Executive has launched a consultation on new draft regulations requiring houses to be marketed with both a Single Survey and Property Sale Questionnaire before an offer can be made. The survey will include information on condition and value as well as energy consumption and so is in effect a mini Energy Performance Certificate and Home Condition Report from the English HIPs. The Scottish Executive has to legislate separately for EPCs as they are required under EU law. The Questionnaire will give buyers, solicitors and surveyors info about a property such as council tax band, parking facilities, local authority permissions and notices, factoring arrangements and alterations so is a form of mini search.

The consultation runs to 15 May 2007.

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