Selling house, previous owner never got building completions for a garden shed,

davidmcn

dunroving wrote: »

Unless you invited your solicitor around for tea, why would they even know the shed existed? Are you saying the searches should have revealed the planing permission application?

Like I said above, the 2011 Building Warrant ought to have been disclosed on the 2014 property enquiry certificate.

As would the planning consent, though admittedly not everything which needs planning permission also needs a building warrant.

ProDave

You mention the term "shed" which most of us would take to mean a timber construction.

Then you talk about "brick sheds" So what is this particular "shed" made of?

Under certain circumstances, brick garden outbuildings will require building control sign off.

Doozergirl

davidmcn wrote: »

Like I said above, the 2011 Building Warrant ought to have been disclosed on the 2014 property enquiry certificate.

As would the planning consent, though admittedly not everything which needs planning permission also needs a building warrant.

Who said there was a building warrant? You keep asking but I can't see a straight reply.

I know Scotland is different to England & Wales but it isn't that different, is it?

If you get planning permission the only document you get is the decision notice. There is no 'completion certificate'.

A shed of 6 x 2 metres would be exempt in England from building control as it is an outbuilding under 30 square metres. Is there a different rule in Scotland? It seems a bit overkill for a 12 m2 shed.

Edit: seems there is for an outbuilding next to a maisonette. I feel for the OP!

Doozergirl

ProDave wrote: »

You mention the term "shed" which most of us would take to mean a timber construction.

Then you talk about "brick sheds" So what is this particular "shed" made of?

Under certain circumstances, brick garden outbuildings will require building control sign off.

There aren't different rules for different building materials. It's all based on size.

davidmcn

Doozergirl wrote: »

Who said there was a building warrant? You keep asking but I can't see a straight reply.

No reply (yet) from the OP but I'm inferring that from them saying only that the completion certificate is missing, rather than there not even being a building warrant in the first place.

Seems the limit is 30 square metres here too provided it is more than 3m from any building or boundary.

rhep87

Folks, A little update.

After contacting previous owners and looking into older versions of the title deeds I have found out a few things.

The sheds have been there for 40+ years. The ex owner applied for planning permission when she wanted to add harling the face of the shed ( its a breezeblock shed ) to have it match the rest of her house..

Obviously she did not require planning permission for simply tarting up a building thats already there and has been for decades and was only made aware of that after she submitted the application.

The shed was already built and shown on the title deeds (I went as far back as 90's) and even on Google Street View images from 2008 (application was done 2011) albeit it with a painted breeze block facade rather than the harling - confirming what she said.

This explains why there was no building completion certificate as nothing was built.

At this time she also repaired the shed roof slates and replaced an old gutter with a PVC one.

As far as I'm aware, painting an existing shed and replacing an older gutter with a new one is within permissible maintenance rights?

Is there anything that can be done regarding closing out - or adding a note to the records of this application for planning permission so It doesn't happen again in future?

davidmcn

rhep87 wrote: »

This explains why there was no building completion certificate as nothing was built.

And do you also mean that there wasn't even a building warrant?

As far as I'm aware, painting an existing shed and replacing an older gutter with a new one is within permissible maintenance rights?

Yes (unless this 40+ year old shed, is even older and is a listed building!).

Is there anything that can be done regarding closing out - or adding a note to the records of this application for planning permission so It doesn't happen again in future?

I would hope future buyers wouldn't get a 1970s building confused with one less than 7 years old, but you could just add a note to your title deeds.

jennifernil

The application was for planning permission, though it turned out it was unnecessary, there is no completion certificate or any other paperwork issued afterwards, you either do the work or the permission lapses after a set time.

As there was no building warrant needed or applied for, there is no completion certificate to be issued.

If this solicitor does not know the difference between planning permission and a building warrant , it may be time for your buyers to get one who does!

rhep87

davidmcn wrote: »

And do you also mean that there wasn't even a building warrant?


Yes (unless this 40+ year old shed, is even older and is a listed building!).


I would hope future buyers wouldn't get a 1970s building confused with one less than 7 years old, but you could just add a note to your title deeds.

Thats correct, previous owner said that planning was simply a mistake when they were under the impression they needed to apply for it. Subsequently they were informed it wasn't needed therefore no building warrant was obtained (since no building work took place) and therefore nothing to complete.

Nope, not a listed building.

Thanks, Ill check about adding the note on title deeds.

jennifernil wrote: »

The application was for planning permission, though it turned out it was unnecessary, there is no completion certificate or any other paperwork issued afterwards, you either do the work or the permission lapses after a set time.

As there was no building warrant needed or applied for, there is no completion certificate to be issued.

If this solicitor does not know the difference between planning permission and a building warrant , it may be time for your buyers to get one who does!

That is the position of both myself and our solicitors.

Sounds like their solicitors Aberdein Considine are stuggling to understand the difference between planning permission and building warrant and when its required which is worrying especially since move day is supposed to be Friday.:undecided:doh:

Im almost getting the impression it will miraculously resolve a day or so before and they will try and charge the buyers extra admin fees for the "stellar work" they have done resolving a very very complex issue... :rotfl: but that could just be the cynical nature in me coming to the fore..

quantumlobster

Silvertabby wrote: »

6m x 2m isn't a 'small shed' - it's a whopping great outbuilding!

Indeed. I got shed-envy just from reading the OP's post!