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Defining the Home Inspector’s functions
As the role of Home Inspector was to be a completely new one, it was important initially to define
the likely job functions involved:
· the Home Inspector will have a duty of care both to the seller and the buyer
· the Home Inspector’s client will be the seller or their representative (possibly an estate agent,
lawyer or specialist provider of HIPs)
· HCRs will be produced to a predetermined format. They will require all key elements of each
home to be rated against clear criteria
· HCRs will be made available electronically and data banked with a unique reference number
· energy ratings will be included in line with a European directive which comes into force in 2006
· valuations will not be included, although mortgage lenders may, where appropriate, use HCRs
as the basis for lending decisions
· there will be clear requirements in reporting the condition of services
· certain parts of a property which are not regarded as key will be excluded from the HCR (for
example, swimming pools and garden sheds)
· Home Inspectors may not have the specialist technical construction knowledge to be
competent to report on every type of property construction. The NOS require Home Inspectors
to recognise the limits of their own competence and refer work outside their area of
construction technology expertise to appropriate Home Inspectors.

Code of Conduct

It is my intention as a practicing Home Inspector(HI) to carry out all work in accordance with the Code of Conduct shown below.

1. Introduction
1.1 This document is the Code of Practice (‘the Code’) for Home Inspectors.
1.2 The Code sets out the principles that must be followed and applied by all Home Inspectors.
1.3 The Code forms part of a wider package of registration and disciplinary information with which Home Inspectors must comply.

2. Purpose
2.1 The purpose of this Code is to set out the rules and standards of conduct that are expected of Home Inspectors and to inform members of the public about the standards of conduct that they can expect from a Home Inspector.
2.2 This Code aims to promote:
2.2.1The best standards of practice by Home Inspectors; and
2.2.2 - Confidence in the integrity of the Accreditation Scheme, Home Inspectors and the Home Condition Report.

3. Application
3.1 Home Inspectors must ensure that they understand and comply with this Code and any accompanying guidance.
3.2 A failure to comply with the Standards set out in the Code or guidance will generally lead to disciplinary action being taken against a Home Inspector by their Accreditation Scheme.

4. Personal and Professional Standards
4.1 Home Inspectors must at all times (whether inside or outside work):
4.1.1 Act with integrity;
4.1.2 Be honest and trustworthy;
4.1.3 Be open and transparent in their dealings;
4.1.4 Disclose to the Accreditation Scheme any or all of the following matters: 4.1.4.1 that they have been charged or convicted of a criminal offence in the UK or elsewhere; 4.1.4.2 that another has referred them for a disciplinary hearing Accreditation Scheme, professional body trade association or regulatory body, or other similar organisation; 4.1.4.3 that a disciplinary allegation has been found proved against them by another Accreditation Scheme, professional body trade association or regulatory body, or other similar organisation; 4.1.4.4 the institution against them of bankruptcy or directors’ disqualification order; 4.1.4.5 the making of a bankruptcy or directors’ disqualification proceeding; or 4.1.4.6 if they enter into an individual voluntary arrangement with creditors;
4.1.5 Assist the Accreditation Scheme in any disciplinary inquiry involving another Home Inspector;
4.1.6 Recognise the limits of their professional competence;
4.1.7 Keep their professional knowledge and skills up to date;
4.1.8 Avoid abusing their position as a Home Inspector; and
4.1.9 Comply with the requirements of the Accreditation Scheme s of which they are a member and their governing legislation.
4.2 A Home Inspector must not engage in conduct that:
4.2.1 Damages the reputation of Home Inspectors;
4.2.2 Diminishes public confidence in the Accreditation Scheme, Home
Inspectors or the Home Condition Report; or
4.2.2.1 damages the trust placed in Home Inspectors by lenders and other professionals who may need to rely upon their work.
4.2.3 A Home Inspector must not exploit the vulnerability of consumers or take advantage of their lack of knowledge of the home buying and selling process.

5. Skills, ability and personal development
5.1 Home Inspectors must:
5.1.1 Only act if competent to do so;
5.1.2 Carry out their work with reasonable skill and care;
5.1.3 Maintain their professional knowledge and skill by participating in lifelong learning and recording the outcomes;
5.1.4 Observe and keep up to date with laws and statutory codes of practice that affect their work.
5.1.5 Update their professional knowledge and skill through structured and regular lifelong learning activities.
5.1.6 The HI must carry out a minimum of 20 hours per year life long learning in accordance with the Certification Scheme standards 5.1.6.1 Of the 20 hours per year lifelong learning 70% must be of a technical nature and 30% of a business and professional nature.

6. Conflicts of interest
6.1 A Home Inspector must at all times give an unbiased opinion.
6.2 A Home Inspector must not give or accept any inducement, gift or hospitality that may affect or may be seen to affect their judgement.
6.3 A Home Inspector must be satisfied that the seller is being or has been provided with written information concerning whether the Home Inspector has any personal or business relationship with any person involved in the sale of the property and that the seller will sign or has signed a declaration that they understand the implications of the information.
6.4 A Home Inspector must not prepare Home Condition Reports if to do so would cause a conflict with the interests of sellers.
6.5 If, in the course of preparing a Home Condition Report, a conflict with the interests of the seller or other professionals arises, the HI must decline the instructions to prepare the Report.
6.8 If a risk of conflict arises, it must be managed in accordance with any guidance issued by the Accreditation Scheme.

7. Advertising
7.1 HIs may only promote and advertise their services in a clear, honest and lawful manner.
7.2 Any advertisement placed by an HI must comply with scheme standards and with statutory and national standards to ensure that all advertisements are legal, honest and truthful and that they are clearly identifiable as an advertisement.

8. Marketing
8.1 HIs must operate under fair and honest sales practices.
8.2 HIs must not:
8.2.1 Engage in any commercial practices that are misleading or likely to mislead buyers, sellers or lenders;
8.2.2 Use physical force, harassment, coercion or undue influence;
8.2.3 Be party to charging fees that are discriminatory or excessive;
8.2.4 Exploit the trust vulnerability or lack of experience of buyers, sellers or lenders; or
8.2.5 Encourage or condone unsafe or harmful practices.
8.3 If HIs offer sellers or buyers other services and/or products, they must:
8.3.1 Act lawfully and responsibly in sending sellers or buyers details of those services and/or products; and
8.3.2 declare any financial benefit that they may receive as a result of sellers or buyers using those services and/or products.

9. Information for the seller
9.1 An HI’s offer, to sellers to perform services whether direct or through a third party, must be clear and truthful and contain all relevant pre-contractual information.
9.2 When offering to provide a service to produce a Home Condition Report(HCR),
HIs must be satisfied that sellers are provided with details in writing of:
9.2.1 The terms, conditions and costs associated with instructing the
HI
9.2.2 The key features of the HCR; their right to see any personal records HIs hold about them what use that may be made of the data collected by HIs;
9.2.3 The fee for the work, including any tax and duties;
9.2.4 How and when the HCR will be delivered; 9.2.4.1 How the information contained in the HCR will be conveyed to the Seller; 9.2.4.2; Arrangements for further detailed explanation of the HCR findings at the sellers request.
9.2.5 The existence and conditions of a right of withdrawal;
9.2.6 The policy and procedure for cancellation of services and the payment of refunds;
9.2.7 The complaint and redress and appeals procedures; and a reference to this Code.
9.2.8 The HI will comply with the auditing and monitoring requirements of the Certification Scheme.

10. Confidentiality
10.1 HIs must explain to sellers that information about the completion of the HCR has to be placed on the Register of HCRs.
10.2 HIs must treat all sellers’ personal information as private and confidential (even when they are no longer a customer of the HI).
10.3 HIs must not reveal any personal information about sellers unless:
10.3.1The sellers have given permission for the information to be revealed;
10.3.2 The HI has to reveal the information by law; or
10.3.3 There is a ‘common law’ duty to the public to reveal the information.
10.4 HIs must notify sellers that their contact details may be used during the process for monitoring the compliance and performance of HIs.

10.5 An HI will hold and store all client information in accordance with the Data Protection Act.

11. Diversity
11.1 HIs must not unlawfully or unjustifiably discriminate against any individual in their practice as HIs.
11.2 HIs must not discriminate against any individual on the basis of gender, race or disability or allow their views of the lifestyle, culture, belief, colour, gender, sexuality or age of others to prejudice their professional practice and relationships.

12. Insurance
12.1 HIs must ensure that all HCRs undertaken by them are covered by adequate and appropriate indemnity insurance cover, as prescribed in the insurance standards adopted by Accreditation Schemes.

13. Complaints procedure
13.1 HIs must participate in a complaints handling system as prescribed by the Accreditation Scheme.
13.2 HIs must ensure that:
13.2.1 Complaints are initially acknowledged in writing, and the acknowledgement sets out a likely timescale for resolving the complaint;
13.2.2 There is a named individual who is responsible for complaints and who has the authority to resolve complaints, if appropriate; and
13.2.3 Complainants are informed that if they want to take their complaint further, the complaint can be referred to the Accreditation Scheme complaints handling process

14. Compliance with legislation
14.1 HIs will carry out their work in compliance with all current legislation.
14.2 HIs will comply with all officially published guidance in undertaking HCRs using the methodology laid down in the Certification Scheme Technical Standards for HIs Inspection and Reporting

15. Compliance with Health and safety legislation
15.1 The HI will carry out their work incompliance with the Health and Safety at Work Act 1974 and any other Health and safety legislation that may be relevant to their business.
15.1.2 In accordance with the Act all health and safety issues must be reported to the ‘responsible person’.
15.1.3 Where the HI is deemed to be the ‘responsible person’ they must discharge their duties diligently in accordance with the legislation.
15.1.4 If the HI is not acting in the capacity of ‘responsible person’ the HI must report any H&S issues to the named ‘responsible person’ . The responsible person shall be responsible for the implementation of appropriate emergency procedures within the workplace and ensure that all other persons required to know of those procedures receive adequate and effective training.

16. Compliance with Security of Information legislation
16.1 The HI will carry out their work incompliance with the Data Protection Act 1998.
16.1.2 In accordance with the Act all data protection issues must be reported to the ‘responsible person’. 16.1.3 Where the HI is deemed to be the ‘responsible person’ they must discharge there duties diligently in accordance with the legislation.
16.1.4 If the HI is not acting in the capacity of ‘responsible person’ the HI must pass on any relevant information to the named ’responsible person’.

17. Limitations
17.1 Should the HI identify circumstances that prevent the assessment or preparation of the HCR due to any statutory or voluntary limitation infringements, conflicts of interest or any other reason that may prevent the HI from preparation of the HCR? The client should be informed immediately in writing giving a clear explanation of reason.

18. Identification
18.1 As a practicing HI, it will be necessary for you to formally identify yourself to the client, the sample shown below illustrates what you will show clients, and it will carry a photograph and a sample of your signature. In addition, it will show the name and contact details of your Certification Scheme.

19. Publicity
19.1 HIs must make this Code available to a member of the public upon request.

20. Consumer protection
20.1 The HI must act in an open and transparent way in all dealings with the public.