The duties to have a home information pack apply to the “responsible person” as defined by Part 5 of the 2004 Act). The requirement to have a pack occurs when a property is first put on the market, or the fact that the property is on the market is made known to the public or a section of the public. The phrase “on the market” is defined in section 149 of the 2004 Act.
There are two categories of people who will be responsible where a property is on the market and subject to the HIP duties – the seller of that property, or someone acting as an estate agent for the seller as defined in section 150 of the 2004 Act. Section 152 of the 2004 Act describes the responsibilities that apply to estate agents and when those responsibilities cease. Section 153 describes the responsibilities of sellers who market
their property without an estate agent. If a seller instructs an estate agent who has a place of business in England and Wales to put his property on the market, the estate agent will be considered responsible, unless the seller also undertakes marketing activity himself. In these cases, both parties would be treated as responsible.
Additional duties to have a home information pack apply to estate agents; even where the property is not yet on the market, but the agent is nevertheless attempting to market the property.