Home report questioning internal works

JimBobtheSecond

In the process of getting our property to the market (Edinburgh area) and just had the home report done.

Last year we turned an internal window (between our bedroom and a next-door box room) into a doorway to create a walk in wardrobe. We used a 'joiner' from mybuilder for the main works (knocking through and installing the door frame) while we did the finishings.

The home report has picked up on this alteration and has made a comment about 'assume that all necessary local authority permissions have been obtained'. We were under the impression that this work (enlargement of internal opening in a non-load bearing wall) was not required to have a building warrant. We don't have one.

Is this going to be an issue for selling?

googler

Yes. Do you have written confirmation from the council that consent wasn't required for this? If not,

Get on the line to your local council and either get retrospective consent, or a letter of comfort from them (essentially a declaration that you didn't get consent, but they don't really care)

No solicitor worth his salt will let his/her client buy a house where it isn't explicitly clear that all alterations have been carried out within the confines of planning consent/building control. You being 'under the impression' that no consent or warrant was required doesn't cut it in this circumstance.

JimBobtheSecond

googler wrote: »

No solicitor worth his salt will let his/her client buy a house where it isn't explicitly clear that all alterations have been carried out within the confines of planning consent/building control. You being 'under the impression' that no consent or warrant was required doesn't cut it in this circumstance.

So this:

• Any building work to or in a house; that does not involve the increase of floor area, demolition or alteration of the roof, external wall, loadbearing structure, adversely affect a separating wall, or change the method of wastewater disposal, or any work to a house having a storey, or creating a storey, at a height of more than 4.5 metres.

Doesn't cover us? It's the enlargement of an opening of an internal, non-loadbearing wall.
I read somewhere that letters of comfort aren't applicable for works after May 2005?

DannyboyMidlands

Chances are that you will be fine but so called non-load bearing walls are sometimes used to buttress other parts of the structure.

Impossible to tell from here.

JimBobtheSecond

DannyboyMidlands wrote: »

Chances are that you will be fine but so called non-load bearing walls are sometimes used to buttress other parts of the structure.
.

I don't like 'chances are'!

Looks like we'll be getting in contact with the council then...

Any suggestions of best way to go about this? What's the worst that can happen???

googler

JimBobtheSecond wrote: »

So this:

• Any building work to or in a house; that does not involve the increase of floor area, demolition or alteration of the roof, external wall, loadbearing structure, adversely affect a separating wall, or change the method of wastewater disposal, or any work to a house having a storey, or creating a storey, at a height of more than 4.5 metres.

Doesn't cover us? It's the enlargement of an opening of an internal, non-loadbearing wall.
I read somewhere that letters of comfort aren't applicable for works after May 2005?

I don't know if that text 'covers you' or not. It's just some text.

Maybe your council doesn't issue letters of comfort, and has another system. Mine does. Speak to your council.

JimBobtheSecond

Just been speaking to a mate and he's apparently taken out an indemnity insurance policy on a stud wall that was taken down around 3 years ago without a building warrant, in a flat he's trying to sell (in England).

Google searches aren't throwing up too much Scotland-specific info on indemnity insurance, anyone know if it's applicable for my issue and in Scotland?

Thanks a lot guys

cr1mson

The main problem is as I see it that who has determined it is non load bearing.

I would ring the council anonymously to start with i.e. thinking of doing this what would we need to do paperwork wise to get an idea of what should have been done. I live in an adjacent council to Edinburgh and they are very good at informal chats re planning so maybe they will do likewise.