The Home Report in Scotland: contents and your rights

What is in the report

1. Single survey and valuation. The single survey is “based on a visual inspection by a chartered surveyor” (mygov.scot). The Scottish Government says only surveyors registered with or authorised to practise with RICS can produce it, and other professional bodies can apply to become providers if they meet set criteria. It reports on the condition of the home, its accessibility and any repairs, and includes a valuation. Repairs are rated in RICS Scotland’s technical guidance:

• Category 1: no immediate action or repair is needed;
• Category 2: repairs are required, but the defect is not considered serious or urgent;
• Category 3: urgent repairs or replacement are needed now.

A present or potential defect that needs further investigation must be reported as Category 3. The inspection is a general surface examination of the parts that are accessible, without moving obstructions. For the RICS levels used elsewhere, see survey levels.

2. Property questionnaire. Sixteen categories, including the council tax band, past damage such as fire, storm or asbestos, alterations and extensions, specialist works and guarantees, and notices affecting the home (mygov.scot).

3. Energy report. It provides energy efficiency information in the form of an Energy Performance Certificate: expected average heating, lighting and hot water costs, carbon dioxide emissions ratings, and contacts for energy-efficiency advice.

The legal basis

Part 3 of the Housing (Scotland) Act 2006 sets the duties. A person responsible for marketing a house must possess the “prescribed documents” (section 98) and must comply with a potential buyer’s request for copies within a period set by regulations (section 99). The marketer may charge no more than the reasonable cost of making and sending paper copies, and electronic copies are supplied only with the buyer’s written consent. The duties apply only where the house is available for sale with vacant possession (section 115).

Your rights and the limits

• Nine days. If the report is not supplied within nine days of your request, mygov.scot says you can contact your local council’s trading standards service.
• Sellers may refuse only if they do not believe you are seriously interested, do not believe you have enough money, or would prefer not to sell to you (not for illegal reasons).
• Age of the report. In its analysis of the consultation on the Home Report, the Scottish Government states: “A Home Report must be no more than 12 weeks old when the property is put on the market”, and that a seller can take the property off the market for no more than 28 days on any number of occasions. I read this in the consultation analysis, not in a current rules page, so confirm it with your solicitor.

Homes that do not need a report

mygov.scot lists these: homes on the market since before 1 December 2008, new homes sold off-plan or to the first occupier, newly converted homes not yet used in the converted form, dual-use homes, and seasonal holiday homes. Even when the report is not required, the seller must still provide an Energy Performance Certificate.

How it fits into the purchase

In Scotland you usually see the Home Report before you offer. Your offer is sent as a letter from your solicitor, and if several buyers have noted interest the seller may set a closing date for offers (mygov.scot). The contract becomes binding when the missives are concluded. See buying a home in Scotland, conveyancing and exchange and completion.

Tax on the purchase is Land and Buildings Transaction Tax; see LBTT in Scotland.

Which professional to consult

A conveyancer (a solicitor in Scotland) explains what the questionnaire and the survey mean for your offer. A surveyor can explain a Category 2 or 3 rating. An estate agent supplies the report.