Experience applying for Letter of Comfort?

dunroving

(Never heard of it? Neither had I until recently)

Am in the position (living in Scotland) of needing to apply for a Letter of Comfort to the local authority, and wondered if anyone either has personal experience of this, or is knowledgeable about it.

Background: Roof ties were raised by the original owner in my house back in the 1960s/1970s, to give him headspace to stand in his attic while playing with his miniature railway (really). There are collar ties up towards the apex of the attic space. I have no idea what pattern the roof ties were originally, but do know of several houses in the street that did the same.

The owner of a local building company has seen the roof ties and said they have been done properly, other than not all being exactly level (so they look "untidy" but are firmly attached, correctly positioned, etc.). Surveyor who did the Home Report said similar.

However, I'm getting off topic. A Letter of Comfort relates to changes to a house done without building consent, prior to May 2005. You apply to the local authority, who inspect the work and issue a letter stating they will not issue a penalty or a requirement that the works have to be altered to meet current building regulations. £350 fee to get this done.

What I can't determine is what standards the works have to meet. If none, why the inspection? Otherwise, where would I find the standards they have to meet?

The previous owner also had a very sturdy shed built on the side of the house, also pre-May 2005, and I may need to get a Letter of Comfort for that too ... I'm finding the whole experience slightly bizarre, as I have lived here since 2007 and this never came up before.

ProDave

Who is asking you for this letter of comfort and why?

dunroving

ProDave wrote: »

Who is asking you for this letter of comfort and why?

It's an evolving situation but so far it involves the Council visiting my house because "someone" had reported a breach of building regulations. It's a complete mystery to me who this would be or why they would have done this.

I had a brief conversation with the Council later in the day, and the person I spoke with described the need for a Letter of Comfort. I am waiting on a letter from them so I have in writing what the exact need is (in terms of what has been done that would need building consent, so I can include it in the application for a Letter of Comfort). I found one previous, brief thread on this forum about a "comfort note", but didn't learn much from it.

I don't want to get too wrapped up in the details of why, I am more in need of someone with experience or knowledge of doing this for their own house, so I can get some practical advice. I really don't want the thread to get derailed from the central purpose.

dunroving

For those who are interested in a brief description of the typical situations where a Letter of Comfort would be applied for here is Midlothian Council's description:

https://www.midlothian.gov.uk/info/161/building_standards/294/property_enquiries/3

eddddy

In England/Wales, if you were looking for a Letter of Comfort or Certificate of Lawfulness etc, the council would typically want evidence on dates.

i.e. In your case, evidence that the changes were done before 2005.

That evidence might include

• Sworn statement(s) by neighbour(s) or previous owner(s) who remember the work being done
• Dated invoices from the builders that did the work
• Old Photos (perhaps Estate agents photos)

I guess you need to ask your council if they require evidence of dates, and if they do, what evidence they require.

dunroving

eddddy wrote: »

In England/Wales, if you were looking for a Letter of Comfort or Certificate of Lawfulness etc, the council would typically want evidence on dates.

i.e. In your case, evidence that the changes were done before 2005.

That evidence might include

• Sworn statement(s) by neighbour(s) or previous owner(s) who remember the work being done
• Dated invoices from the builders that did the work
• Old Photos (perhaps Estate agents photos)

I guess you need to ask your council if they require evidence of dates, and if they do, what evidence they require.

In the brief conversation I had with the Council employee on the phone about this aspect, he indicated I would simply state on the form whether work was done before May 2005, and they wouldn't interrogate me to determine if I was telling the truth. As far as the shed is concerned, there are photos going back to 2006 (including the original sale pamphlet from late 2006) that show it in position, but nothing before that.

I doubt very much if the seller would be willing to write anything about the date of alterations, or provide builders' invoices, etc. He was born in and grew up in the house, so would know, but as the former seller I'd imagine he'd be worried I am trying to sue him for noncompliance.

The original owner (vendor's father, who passed away) is a local legend for his miniature railway in the attic. The next-door neighbour also grew up in his house and inherited from his parents when they passed, and he might be willing to sign something about his knowledge. I'd imagine these days, many people would be reluctant to sign any legal declaration in case they get sued by someone at some future date.

Pixie5740

It's just !!!! covering. I got one, or rather my vendor did, when I bought my current home. A previous occupant, before my vendor's time, installed former extensions in a conservation area without planning permission (or whatever consent was required). I don't think there was much to it but it protects me and future owners.

I doubt the council will actually do anything if you don't get a letter of comfort but as you are in the process of selling your home your buyer's solicitor might end up asking for one anyway.

sheramber

We bought our house in 2006. The previous owner had done an attic conversion in 1998.

It had planning permition but no completion certificate.

They had to get a letter of comfort.

the council came and inspected the conversion according to the current regulations.

He found 3 things needing changed
The roof did not have the required number of ventilation tiles
The open staircase had too big a gap between the treads ( Scottish regulations)
The front door did not have safety glass

Our solicitor retained an estimated £800 to cover the cost of the work until the seller had it done and paid for it. If he hadn't had it done that money would be used to pay for it.

We asked the seller to get the joiner to screw the infill panels on the staircase- so we could remove them when we moved in.

the roof ties were changed

The glass in the front door was changed but when the joiner broke it up for disposal he discovered it was , in fact, safety glass but was not marked as such.

Once the work was done the council reinspected it and issued the letter of comfort , which my solicitor has retained. He then sent the retained money to the seller.

dunroving

Pixie5740 wrote: »

It's just !!!! covering. I got one, or rather my vendor did, when I bought my current home. A previous occupant, before my vendor's time, installed former extensions in a conservation area without planning permission (or whatever consent was required). I don't think there was much to it but it protects me and future owners.

I doubt the council will actually do anything if you don't get a letter of comfort but as you are in the process of selling your home your buyer's solicitor might end up asking for one anyway.

With planning permission, I am way past the sell-by date where enforcement action is relevant. In this case, it's building standards that are at issue. My slight confusion is what building standards will be applied when inspecting the works for a Letter of Comfort. Some councils indicate the works would need to meet current building regulations, that drawings would be required, structural engineers report would be needed, etc.

My solicitor's response was "It's a shed, !!!!!!!"

The buyer's solicitor, or lender/mortgage broker is our Number One Suspect as to who called the Council, though my solicitor said he has never in over 20 years heard of anyone (never mind a lender) calling the local authority regarding a situation like this.

dunroving

Not exactly the same situation, but I found a relevant thread from 2007 here:

https://forums.moneysavingexpert.com/discussion/384355/building-regs-problem#topofpage

- among the relevant information, there are issues as to whether/how much a lender would lend on the property, and disagreement among the posters as to whether there would be a need to bring up to current building regs (which is the concern I have).
- I realise that building regs are building regs, but have already found one other property on the street with a similar adjoining shed, and I'm pretty sure the majority of houses on the street have raised ties (because most of them have a Velux-type window installed). Also pretty sure none of these have been done with building consent from the local authority.

Pixie5740

The dormer extensions in my home wouldn't meet current building regulations and my vendor managed to get a letter of comfort. I don't think the council actually carry out an inspection, they just charge £300 for a letter.