Help selling a house with floored attic no building regs

System

There's plenty of guidance available in the technical handbooks and from bsd on works which do and don't require building warrants. If the work doesn't fall within the scope of a building warrant there is nothing at all to be proved, if the local authority think otherwise it's down to them to explain why they feel the need for a warrant.
It's difficult when the op isn't forthcoming with information on the scope of works etc but if it doesn't need a warrant it doesn't matter how much of a jobs worth the officer is!

sevenhills

the_r_sole wrote: »

If the work doesn't fall within the scope of a building warrant there is nothing at all to be proved, if the local authority think otherwise it's down to them to explain why they feel the need for a warrant.

Do the council know how this boarded, windowed and insulated attic is being used?


Is it being used for heavy storage, office space or a bedroom, they dont know; because it has gone beyond a simple boarding, people are asking questions.

dunroving

the_r_sole wrote: »

There's plenty of guidance available in the technical handbooks and from bsd on works which do and don't require building warrants. If the work doesn't fall within the scope of a building warrant there is nothing at all to be proved, if the local authority think otherwise it's down to them to explain why they feel the need for a warrant.
It's difficult when the op isn't forthcoming with information on the scope of works etc but if it doesn't need a warrant it doesn't matter how much of a jobs worth the officer is!

So, when the Scottish guidelines say you need a building warrant for "Altering roofs, external walls or other structural elements" does this include installing a Velux window? I guess this is the level of detail the OP needs. I know that some Jobsworths would include the "roof space" in this definition, so Velux, adding boarding, etc. could feasibly require a warrant. Boarding isn't light, so when attached to the roof space structure it increases the load the structure is bearing. The frame of a window has a role to play in the structural load bearing capacity of a roof.

What would your opinion be on this interpretation? If a Jobsworth used this interpretation and you disagreed, what information would you point him/her to in order to avoid enforcement of inspection, remedial works, etc.?

System

A velux window is not a structural element no matter your reading of the regs, if you have to alter the roof structure to fit one then that requires a warrant, if the insulation is at rafter level, it requires a warrant, placing a velux between rafters in a loft space doesn't require a warrant.
If the building control officer is incorrect, speak to the team leader and if they say the same, speak to bsd in Livingston who will tell you the correct interpretation of the regulation. The op hasn't given any information on why building standards have required a warrant for these works so we have no idea what the actual situation is here

dunroving

the_r_sole wrote: »

A velux window is not a structural element no matter your reading of the regs, if you have to alter the roof structure to fit one then that requires a warrant, if the insulation is at rafter level, it requires a warrant, placing a velux between rafters in a loft space doesn't require a warrant.
If the building control officer is incorrect, speak to the team leader and if they say the same, speak to bsd in Livingston who will tell you the correct interpretation of the regulation. The op hasn't given any information on why building standards have required a warrant for these works so we have no idea what the actual situation is here

I'm also keen to see more information, particularly since this case seems so familiar. From my own experience, the person concerned said that "roof alterations" required a warrant (in my particular situation, this was raising of roof ties).

Clairy0407

I have looked at technical handbook.

I am going to speak with buyers and see what can be done thanks for everyone's help will see what happens with council.

Clairy0407

I have not had anyone out from council yet and have never felt with anything like this before. Hopefully get them out asap and they can clarify.
It is only a small velux which was already there which was already placed so not sure what they did.

System

Item 20 on the schedule http://www.gov.scot/Topics/Built-Environment/Building/Building-standards/techbooks/techhandbooks/th2017domcomp exempt from needing a warrant

dunroving

Clairy0407 wrote: »

I have not had anyone out from council yet and have never felt with anything like this before. Hopefully get them out asap and they can clarify.
It is only a small velux which was already there which was already placed so not sure what they did.

Please do report back, regardless of the outcome, so people in similar situations in future can benefit from what you learn.

Did you already submit an application for Letter of Comfort, or maybe they will come out for a preliminary look to tell you whether you even need to submit anything (worth asking).

[Edit: Edit: Suggest you stop communicating with the Council/LA for now. A good solicitor could head things off at the pass, depending on his/her communication skills with buyer's solicitor and buyer's situation). If there are strong reasons to suggest the LA are completely incorrect, your solicitor could suggest to their solicitor that the whole thing is a red herring and that you will not be applying for LOC because none is needed. Path of least resistance, etc.]

I'm still very curious as to which solicitor asked you to call the council and what they said was the reason why you needed to call them? This seems like a very unusual recommendation as you should have been eligible for an indemnity policy, at least for the works done before you bought the house (maybe even also for the Velux you put in, I don't know). By telling you to call the Council they have potentially over-complicated things, potentially a lot. A decent conveyancer/solicitor will know that you can't take out an indemnity policy once the local authority is made aware of the works.

dunroving

the_r_sole wrote: »

Item 20 on the schedule http://www.gov.scot/Topics/Built-Environment/Building/Building-standards/techbooks/techhandbooks/th2017domcomp exempt from needing a warrant

Thanks, but Item 20 in the exempt list (0.3 Exempted buildings and services, fittings and equipment) seems to not apply here (Buildings ancillary to flats or maisonettes).

I searched for loft, attic, window, and none of these was in there.