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phloaw
Posts: 40 Forumite
Hi, my offer to buy a house in Scotland was informally accepted, but while doing his job my solicitor found out that a ground-floor extension built around 2003 was never asked a planning permission neither a building warrant for.
The original ad for the property didn't feature a floorplan; they never provided one on request, and never mentioned the problem until my solicitor found out.
All I got is a "letter of comfort" from a third-party consultancy firm who took a visit recently to assess the issue.
I am confident that the local authority is unlikely to take enforcement action; however, I am worried that the problem could hamper future resales (even though the property is in a sought-after area).
My solicitor says that in respect of re-sale this is unlikely to cause any issues as the letter of comfort is placed with the Title Deeds for the next purchasers information.
However, I wouldn't take his word for it; therefore, I'm looking for third-party opinions or feedback on how the problem could affect future re-sales.
My solicitor also made clear that the seller is unwilling to pursue a retrospective planning permission or building warrant (if such things exist).
Any possible piece of advice you can think of (e.g., on whether alternative arrangements like a price reduction request are advisable) is welcome.
Thanks!
The original ad for the property didn't feature a floorplan; they never provided one on request, and never mentioned the problem until my solicitor found out.
All I got is a "letter of comfort" from a third-party consultancy firm who took a visit recently to assess the issue.
I am confident that the local authority is unlikely to take enforcement action; however, I am worried that the problem could hamper future resales (even though the property is in a sought-after area).
My solicitor says that in respect of re-sale this is unlikely to cause any issues as the letter of comfort is placed with the Title Deeds for the next purchasers information.
However, I wouldn't take his word for it; therefore, I'm looking for third-party opinions or feedback on how the problem could affect future re-sales.
My solicitor also made clear that the seller is unwilling to pursue a retrospective planning permission or building warrant (if such things exist).
Any possible piece of advice you can think of (e.g., on whether alternative arrangements like a price reduction request are advisable) is welcome.
Thanks!
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Comments
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Well, because my solicitor is involved in the sale, anyway.Why not? It sounds reasonable advice to me.
Opinion from a neutral party is more significant; you just provided that, so thank you!
Well, my suspicion is that they never provided a floorplan exactly because it doesn't feature the extension.Not sure what the floorplan has to do with it - you have viewed the property, right?
But I've viewed the property yes.
As a minor point, a floorplan will definitely be useful in a future resale, that's another reason making it relevant to the original topic (sorry for not being completely clear about this).0 -
Hi, my offer to buy a house in Scotland was informally accepted, but while doing his job my solicitor found out that a ground-floor extension built around 2003 was never asked a planning permission neither a building warrant for.
The original ad for the property didn't feature a floorplan; they never provided one on request, and never mentioned the problem until my solicitor found out.
All I got is a "letter of comfort" from a third-party consultancy firm who took a visit recently to assess the issue.
I am confident that the local authority is unlikely to take enforcement action; however, I am worried that the problem could hamper future resales (even though the property is in a sought-after area).
My solicitor says that in respect of re-sale this is unlikely to cause any issues as the letter of comfort is placed with the Title Deeds for the next purchasers information.
However, I wouldn't take his word for it; therefore, I'm looking for third-party opinions or feedback on how the problem could affect future re-sales.
My solicitor also made clear that the seller is unwilling to pursue a retrospective planning permission or building warrant (if such things exist).
Any possible piece of advice you can think of (e.g., on whether alternative arrangements like a price reduction request are advisable) is welcome.
Thanks!
I believe a Letter of Comfort would come from the local authority.
Who is the third party consultancy firm?
And why are you confident that the local authority would not do anything?
I also believe that as far as planning permission is concerned, you are OK because if it's 15 years old, it is way past the time frame that planning permission can be enforced.
It is completely understandable that the seller is not willing to apply for retrospective building consents. This would require the extension to be brought up to current building regulations. If it's 15 years old, I dare say there are many ways in which it does not comply to modern building regulations.
The lack of a floorplan is a non-issue.(Nearly) dunroving0 -
The opinion of an anonymous weirdo on a web forum ought to be far less significant to you than that of the solicitor who you're paying money to in order to represent your interests.Well, because my solicitor is involved in the sale, anyway.
Opinion from a neutral party is more significant; you just provided that, so thank you!
If you mean the estate agent's floorplan, they're generally created when they market the property, so they'd include any extensions etc. If they haven't done a floorplan it's probably just because they're lazy, not because they're conspiring to hide something from you.Well, my suspicion is that they never provided a floorplan exactly because it doesn't feature the extension.0 -
The letter comes from a structural engineer that is used regularly by my solicitor "in these sort of circumstances".I believe a Letter of Comfort would come from the local authority.
Who is the third party consultancy firm?
Because of what you say below about the time frame.And why are you confident that the local authority would not do anything?
Isn't that a good reason to be confident? I am confused now, since you confirm that I am OK wrt planning permission: so what sort of problems could rise with the local authority?I also believe that as far as planning permission is concerned, you are OK because if it's 15 years old, it is way past the time frame that planning permission can be enforced.
Thanks, these remarks are useful.It is completely understandable that the seller is not willing to apply for retrospective building consents. This would require the extension to be brought up to current building regulations. If it's 15 years old, I dare say there are many ways in which it does not comply to modern building regulations.
The lack of a floorplan is a non-issue.
And thank you for taking the time to answer.0 -
Fair point.The opinion of an anonymous weirdo on a web forum ought to be far less significant to you than that of the solicitor who you're paying money to in order to represent your interests.
But you never know: maybe the weirdo will point out some testable knowledge I wasn't aware of, or report some verifiable similar experience providing further confidence in my solicitor.
Anyway, I always try to exercise exceeding caution when dealing with anonymous online opinions; but still, they can be useful.
This is very interesting to learn, thank you again.If you mean the estate agent's floorplan, they're generally created when they market the property, so they'd include any extensions etc. If they haven't done a floorplan it's probably just because they're lazy, not because they're conspiring to hide something from you.
Having no knowledge of how these things work, I had indeed fallen into a conspiracy theory mental mode.
Strange, however, that they omitted to produce something this easy when we are talking about thousands pounds.0 -
The letter comes from a structural engineer that is used regularly by my solicitor "in these sort of circumstances".
Because of what you say below about the time frame.
Isn't that a good reason to be confident? I am confused now, since you confirm that I am OK wrt planning permission: so what sort of problems could rise with the local authority?
Thanks, these remarks are useful.
And thank you for taking the time to answer.
You are mixing up planning permission and building permission/consent.
Planning permission - do you have permission to build the proposed structure? Example: Permission not given for a 8-storey car park in your garden, because it will block the sunlight and because it is not a permitted use of the land.
Building consent - does the structure or alteration meet required building standards and regulations? Example: Proposed use of asbestos for the roof of your new attached garage is not permitted for heath and safety reasons.
My comment about the age of the structure relates to *planning permission*, not building consents.(Nearly) dunroving0 -
Fair point.
But you never know: maybe the weirdo will point out some testable knowledge I wasn't aware of, or report some verifiable similar experience providing further confidence in my solicitor.
Anyway, I always try to exercise exceeding caution when dealing with anonymous online opinions; but still, they can be useful.
This is very interesting to learn, thank you again.
Having no knowledge of how these things work, I had indeed fallen into a conspiracy theory mental mode.
Strange, however, that they omitted to produce something this easy when we are talking about thousands pounds.
Surely when searching Rightmove, you saw houses that did not include a floorplan? There are many examples of estate agents being lazy in this way and although it is hard to believe, it happens often enough for it to not be cause for surprise.(Nearly) dunroving0 -
You are mixing up planning permission and building permission/consent.
Planning permission - do you have permission to build the proposed structure? Example: Permission not given for a 8-storey car park in your garden, because it will block the sunlight and because it is not a permitted use of the land.
Building consent - does the structure or alteration meet required building standards and regulations? Example: Proposed use of asbestos for the roof of your shed is not permitted for heath and safety reasons.
My comment about the age of the structure relates to *planning permission*, not building consents.
I see. Again, I'm glad this thread is being very instructive to me.
The mentioned "letter of comfort" explicitly says that the extension works appear to comply with relevant standards (wrt the time when they were performed), and concludes that therefore the authority is unlikely to take enforcement action.
However, I understand that neither planning permission nor formal building consent were applied for when the extension was built.0 -
Surely when searching Rightmove, you saw houses that did not include a floorplan? There are many examples of estate agents being lazy in this way and although it is hard to believe, it happens often enough for it to not be cause for surprise.
Actually no, I've never seen a property without a floorplan.
However, as clarified by you and others, the floorplan is a non-issue, so I'm no longer worried about that.0
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