For Sellers
For Buyers
Frequently Asked Questions for Sellers
What documents are included in the Home Report?
The Home Report will include a Single Survey, an Energy Report and a Property Questionnaire.
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I am thinking of selling my house soon. When do I have to provide a Home Report?
Properties marketed for sale from December 1, 2008 in Scotland will need a Home Report.
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Who will compile a Home Report?
The Home Report will be compiled by the seller's agent or the seller. A Chartered Surveyor or other provider (approved by Scottish Ministers) will provide the Single Survey and Energy Report. The seller of the house will complete the Property Questionnaire.
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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?
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.
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Are there any circumstances where I do not need to provide a Home Report?
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)
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Who pays for the Home Report?
The seller is responsible for providing the Home Report. There is nothing in the legislation insisting that the buyer must reimburse the seller for the cost of the Home Report.
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How much will a Home Report cost?
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.
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How 'old' can the Home Report documents be when the house is put on the market for sale?
The legislation says that the documents should be no more than 12 weeks old when the house is put on the market.
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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?)
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 updated are for sellers, buyers and their professional advisers to take, depending on the circumstances of each case.
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Why are your fees so much cheaper than those i've been quoted elsewhere?
Home Report Scotland website puts you directly in touch with the property professional completing your report - the Chartered Surveyor. Most other providers include commission fees which they pay to the agent, solicitor or introducing party as a referral fee. If you order via the website, we guarantee that there is no such charge - you are simply paying for what you need - no subsidising somebodies business.
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How will I pay for the Home Report?
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.
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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?
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.
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From December 1, 2008 a seller or a selling agent must provide, upon request, a Home Report to a prospective buyer..
A Home Report must contain:
- A Single Survey is a report prepared by a survey provider on the condition and value of the house
- An Energy Report will provide you with an energy efficiency rating of a house together with useful advice to cut fuel bills and increase the home energy efficiency
- A Property Questionnaire contains further information about the house such as alterations that have been made, factoring costs and council tax banding.
The Property Questionnaire must be completed by the seller, or someone nominated by the seller.
A Home Report must be provided to a prospective buyer within nine working days. A seller or the selling agent may charge a prospective buyer a reasonable sum for copy and postage costs.
To allow for the consideration of offers, and holiday periods, the seller or the selling agent may take a house off the market for up to four weeks on any number of occasions and put back on the market without having to obtain a new Home Report, as long as it has not been sold in the meantime.
There will be limited occasions that a seller or selling agent can refuse to provide a copy of the Home Report, where they believe that the buyer making the request:
- could not afford the house
- is not interested in buying the house
- is not a person to whom the seller would wish to sell the house (although you are prohibited from unlawfully discriminating against someone)
If a Trading Standards officer decides that the seller or selling agent is in breach of their duties to possess the Home Report documents and provide them to prospective purchasers, then a penalty charge notice of £500 may be issued.
Exceptions
If you are selling a home in Scotland, you will need a Home Report. However, there are some exceptions:
New housing - New housing includes homes that may be sold 'off-plan' to the first purchaser or sold to the first occupier. Any subsequent sale of a home will not be exempt even if it has a certificate from, for example, the National House-Building Council (NHBC).
Newly converted premises - This means a property which is being, or has been, converted to a home if it has not previously been used in its converted state.
Right to Buy homes - As the sale of a home to a tenant under the 'Right to Buy' does not involve marketing, the duty to provide a Home Report does not apply. A separate package of information is being developed for Right to Buy purchasers.
Seasonal and holiday accommodation - This exception refers to seasonal and holiday accommodation (as defined in planning legislation), which only has permission to be used for less than 11 months in any year. It does not include second homes or holiday cottages that could be used all year if the owner so chose.
A portfolio of residential properties - This means a home which is to be sold with one or more other homes and where it is clear from the manner in which the homes are marketed that the seller does not intend to accept an offer to buy one of those homes in isolation from another. Sales of a portfolio of residential properties are considered to be commercial transactions. A home which is ancillary to a principal property may include, for example a 'granny flat', or butler's cottage that is attached to a larger property on a country estate.
'Mixed sales'- This occurs where a home is sold with one or more non-residential properties (provided it is clear that the seller does not intend to consider an offer to buy the home separately from the non-residential property). This might include farmhouses that are part of a working farm, or flats above shops or pubs that are sold with the shop or pub.
Dual use of a dwelling house - This describes the situation where the home is, or forms part of, a property most recently used for both residential and non-residential purposes, such as a commercial studio where the owner also lives in the home.
Unsafe properties - Unsafe properties are evidently in a condition that poses a serious risk to the health or safety of occupants or visitors, or where the way the home is marketed suggests it is unsuitable for occupation in that condition. There is little point in a condition survey being undertaken on a home that is unfit for occupation in any case, and is being advertised as such.
Properties to be demolished - There is an exception for homes to be demolished where it is clear the home is suitable for demolition and all the necessary consents have been obtained for demolition and consents obtained for redevelopment. There is little point in a condition survey being undertaken on a home that is to be demolished and is being advertised as a development site.
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Frequently Asked Questions for Buyers
How can buyers receive a copy Home Report?
A Buyer should ask whoever is advertising the house for sale for a copy Home Report. This is usually an estate agent/solicitor, but could be another business or individual.
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Will it cost buyers anything to obtain a copy Home Report?
No, buyers will receive a Home Report free of charge, although they may have to pay a reasonable charge to cover the costs of copying and postage. If the seller isn't using an estate agent/solicitor, the buyer should be able to get a Home Report directly from the seller.
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How quickly must a seller or their agent comply with a request by a prospective buyer for a copy of any or all of the Home Report documents?
A person responsible for marketing a house must provide a copy of any or all of the documents within 9 working days.
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If I buy the house, do I have to pay the seller back for the cost of the Home Report?
This is a matter between the buyer and seller. There is nothing is the legislation that insists that the buyer of the house should reimburse the seller for the cost of the Home Report.
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Are Home Reports required across Scotland?
Yes. All houses marketed for sale in Scotland will require a Home Report, with only a few exceptions.
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What can buyers do if a Home Report is not provided?
Buyers should receive a Home Report within 9 working days of requesting it. Sellers may refuse to provide a copy in certain limited cases. These are where the seller believes that the person making the request:
- Could not afford the house
- Is not really interested in buying the house
- Is not a person to whom the seller would wish to sell the house (but this does not allow them to unlawfully discriminate against someone
If a buyer believes that they are being denied a copy of the Home Report unlawfully, local authority trading standards officers are responsible for enforcement of these duties.
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You should ask a seller or a selling agent to let you see a Home Report when you are interested in buying a house. The seller or the selling agent must have a Home Report before a house is marketed for sale.
A seller or their agent must provide you with a copy Home Report within 9 working days. They may make a reasonable charge for copying and posting a Home Report to you.
The duty to provide a Home Report applies to homes that are marketed for sale from 1 December 2008 onwards. Therefore, you may find that some homes are not marketed for sale with a Home Report because they were on the market prior to 1 December 2008.
A Home Report must contain:
- A Single Survey which is a report prepared by a survey provider on the condition and value of a house.
- An Energy Report which will provide you will an energy efficiency rating of a house together with useful advice to cut fuel bills and increase the home's energy efficiency
- A Property Questionnaire that contains further information about the house such as alterations that have been made, factoring costs and council tax banding.
Sellers may refuse to provide a copy in certain limited cases. These are where the seller believes that the person making the request:
- Could not afford the house
- Is not really interested in buying the house
- Is not a person to whom the seller would wish to sell the house (but this does not allow them to unlawfully discriminate against someone
If you believe that you are being denied a copy of a Home Report unlawfully, you should ask your local authority trading standards officer to investigate the matter.
Exceptions to the duty to provide a Home Report
Anyone marketing a home for sale must provide a copy of a Home Report, but there are some exceptions. These are listed below.
New housing - New housing includes homes that may be sold 'off-plan' to the first purchaser or sold to the first occupier. Any subsequent sale of a home will not be exempt even if it has a certificate from, for example, the National House-Building Council (NHBC).
Newly converted premises - This means a property which is being, or has been, converted to a home if it has not previously been used in its converted state.
Right to Buy homes - As the sale of a home to a tenant under the 'Right to Buy' does not involve marketing, the duty to provide a Home Report does not apply. A separate package of information is being developed for Right to Buy purchasers.
Seasonal and holiday accommodation - This exception refers to seasonal and holiday accommodation (as defined in planning legislation), which only has permission to be used for less than 11 months in any year. It does not include second homes or holiday cottages that could be used all year if the owner so chose.
A portfolio of residential properties - This means a home which is to be sold with one or more other homes and where it is clear from the manner in which the homes are marketed that the seller does not intend to accept an offer to buy one of those homes in isolation from another. Sales of a portfolio of residential properties are considered to be commercial transactions. A home which is ancillary to a principal property may include, for example a 'granny flat', or butler's cottage that is attached to a larger property on a country estate.
'Mixed sales'- This occurs where a home is sold with one or more non-residential properties (provided it is clear that the seller does not intend to consider an offer to buy the home separately from the non-residential property). This might include farmhouses that are part of a working farm, or flats above shops or pubs that are sold with the shop or pub.
Dual use of a dwelling house - This describes the situation where the home is, or forms part of, a property most recently used for both residential and non-residential purposes, such as a commercial studio where the owner also lives in the home.
Unsafe properties - Unsafe properties are evidently in a condition that poses a serious risk to the health or safety of occupants or visitors, or where the way the home is marketed suggests it is unsuitable for occupation in that condition. There is little point in a condition survey being undertaken on a home that is unfit for occupation in any case, and is being advertised as such.
Properties to be demolished - There is an exception for homes to be demolished where it is clear the home is suitable for demolition and all the necessary consents have been obtained for demolition and consents obtained for redevelopment. There is little point in a condition survey being undertaken on a home that is to be demolished and is being advertised as a development site.
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