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New builds and warranties

mygov.scot may exempt a new home sold to a first occupier from a Home Report. Why must a buyer in England not copy that exemption?

Because the exemption is Scottish, and it is about a Home Report, which England does not use. mygov.scot says a new home sold off-plan or to a first occupier may not need a Home Report. An English buyer must not copy that into an English purchase and skip their own survey. If a Scottish sale is exempt, an EPC is still required. That still is not an English rule.

Last reviewed 24 October 2026. Written for buyers in England and Wales unless this answer says otherwise. No named surveyor has signed this page. It is general guidance, not a report on your house, and not legal advice.

What is the fuller explanation?

The mistake happens in marketing. A developer, or a forum, says new homes do not need surveys because Scotland exempts a first occupier. Scotland's rule is about the Home Report the seller would otherwise have to provide. It is not a statement that a new house has no defects, and it is not a rule for England or Wales. An English buyer who copies it arrives with no Home Report, because England never had one, and with no survey of their own either. That is not what mygov.scot said. This page does not add further Scottish exemptions. The point to remember is the new-home one, and the fact that an exempt Scottish sale still needs an EPC.

If you are the English buyer, instruct the survey you actually need for this plot and read the warranty as a warranty, not as a Home Report. If you are buying in Scotland and someone says the Home Report is not required, ask your solicitor to check that exemption against this sale, and still expect an EPC where the page says one is required. An EPC is not a condition report. Do not import the exemption south of the border, and do not invent a second exemption this page has not stated.

What should you ask your surveyor?

  • Is this exemption a Home Report point, rather than an English survey rule?
  • If the Scottish sale is exempt, what energy document is still required?
  • What should an English buyer instruct instead of copying the exemption?

What are the typical next steps?

  1. Do not skip an English survey because of a Scottish Home Report exemption.
  2. If the sale is in Scotland and exempt, still expect an EPC.
  3. Ask a Scottish solicitor to check the exemption against this sale only.

Costs vary with the building and with who you instruct. Where this page does not cite a published figure, ask the surveyor, a relevant specialist, or your solicitor for a written quote. Do not treat a forum average as the price.

Also asked about this

Does the exemption mean a new house has no defects?

No. It means a Home Report may not be required. It says nothing about the condition of the plot.

Is the EPC a substitute for the survey you skipped in England?

No. An EPC is not a condition report, in Scotland or in England.

Sources