SELLING YOUR HOUSE. make sure you have all the planning consents and building warrants in place FOR SALE

Similar documents
REQUEST FOR CONSENT TO ALTER OR ADD TO A LEASEHOLD PROPERTY Guidance Notes for Leaseholders

FEES FOR BUILDING REGULATION APPLICATIONS The Land Planning and Development (Fees) (Amendment) Regulations, 2017

Sole to Joint Tenancy Policy

I want to build in my garden

Open Market Shared Equity Scheme

FAIRWAYS TIBBERMORE, BY PERTH PH1 3PA

CONSENT TO LET APPLICATION FORM

Home owner handbook. Contents. 1. Our team Leasehold explained Insurance Ground rent, rent and service charges 3

SAMPLE AT5 FORM ASSURED TENANCIES HOUSING (SCOTLAND) ACT 1988 NOTICE UNDER SECTION 32 TO BE SERVED ON A PROSPECTIVE TENANT OF A SHORT ASSURED TENANCY

YORKSHIRE DALES NATIONAL PARK AUTHORITY ITEM 7 UNAUTHORISED USE OF GARAGE AS A SEPARATE DWELLINGHOUSE, HAWTHORN HOUSE, KETTLEWELL (REF EC/46/101)

RESIDENTIAL BUILDING PLOT SYDNEY PLACE, LOCKERBIE DUMFRIES & GALLOWAY

A Guide to Terminating Your Tenancy

A Leasehold Guide to Alterations for Flats

Your lease. Information for leaseholders

INFINITY NIGHTCLUB, 4 PICARDY PLACE, EDINBURGH, EH1 3JT PREMIUM 100,000 Leasehold / Rent 150,000 + VAT p.a. REF. 1036

THE CITY OF WINNIPEG. BY-LAW No. 127/2016, as amended

THE CITY OF WINNIPEG. BY-LAW No. 127/2016, as amended

Request for Alterations Information Request

Tel: Fax: FLAT 5, 14 COLLEGE ROAD TO LET 695 PCM UNFURNISHED

The Farmhouse 1 Tithe Farm Pastures, Langtoft, Peterborough, PE6 9LN

Staircasing Buying more shares in your home

Knutsford House, Llanymynech, SY22 6EN. Offers in the region of 100,000

New Town Edinburgh. 13/3 South Charlotte Street, EH2 4AS. gilsongray.co.uk

ARDENGLEN HOUSING ASSOCIATION LIMITED DECORATION POLICY

FACTORING AGREEMENT ARGYLL COMMUNITY HOUSING ASSOCIATION LIMITED

Shared Equity Policy


Improving the energy efficiency of our buildings

KIRKLAUCHLINE FARM Stoneykirk, Stranraer, DG9 9EE IN ALL ABOUT ACRES (19.57HA)

The Farmhouse, Wester Feabuie, Inverness, IV2 5EQ. Offers over 335,000. Lounge Dining/Family Rm Kitchen WC 4 Bedrooms Family Bathroom

Fort View House 9 Quebec Close Newport

A guide to terminating your Tenancy Agreement

Right to Buy LEASE CONFERENCES. Disclaimer

OFFERS AROUND 104,950

SCHEDULE A TO BY-LAW NUMBER (Amended by By-law ) CLASSES OF PERMITS AND PERMIT FEES

Homeowners Handbook. A guide to your home and community


Your Guide to Staircasing

Leasehold Management

Mutual Exchanges Policy

7/9 CAMBUSNETHAN STREET

Report of: DEVELOPMENT MANAGEMENT SECTION HEAD. 19 Cassiobury Park Avenue PARK

Description of the RICS Building Survey Service

Smith Drive. 4 Bedroom Detached House

Glyn Avenue Acton 425,000

A PRIVATE FIVE BEDROOM DETACHED HOUSE SET IN 2.5 ACRES OF GROUNDS WITH IS ACCESSED BY A 1KM LONG GATED DRIVE

ARDENGLEN HOUSING ASSOCIATION LIMITED

Harmony Hall Milnthorpe 1 LA7 7QE

SALES LETTINGS NEW HOME SALES LAND PROPERTY MANAGEMENT AUCTIONS FINANCIAL ADVICE AND MORTGAGES ENERGY PERFORMANCE PROVIDER

Buying & Selling Your Home a Guide


DETACHED BUNGALOW. 20 Ewenfield Avenue, Ayr, KA7 2QJ Offers Over 320,000

CASTLEFIELD HOUSE 3 EAST ROAD KY15 4HQ

Top O Th Meadows 375,000. Characterful & Spacious Living Accommodation. Semi Detached Stone Property. 1.7 Acres Of Grazing Land. Strinesdale, Oldham

Ellerslie 47 Midmills Road, Inverness

Your Shared Ownership Lease

Yarrow Manse, Yarrow, Selkirk, TD7 5LA

Application Form To Erect a Satellite Antenna Receiver (Dish)

HOUSING (SCOTLAND) ACT 1988

Shared Ownership Guidance Notes

OFFERS AROUND 229,950

Brynllwyfen Llansteffan, Carmarthen, SA33 5JY Offers in the region of 250,000

The Ferry House, Castor, Peterborough, Cambridgeshire, PE6 7AB

Description of the RICS Building Survey Service

GENERAL GUIDANCE ON SELLING AND BUYING RESIDENTIAL PROPERTY THESE NOTES HAVE BEEN PREPARED TO ASSIST YOU AND EXPLAIN THE BUYING AND SELLING PROCESS

18 Laurel Court Dwyer s Road, Midleton, Co. Cork.

14 Coralbank Blairgowrie OFFERS AROUND PH10 7EN 165,000

Kingswood. Halifax Old Road Birkby

5 Northen Grove. West Didsbury, Manchester M20 2WL.

Seahaven, Albert Street, Nairn, IV12 4HF. Fixed price 475,000

Manor Farm, Sandholme Road

1 ARTHUR COURT OFFERS OVER 169,000

Property Information Form

applicant's behalf) all correspondence, including the decision letter, will be sent to him/her.

The Library Flat Bonaly Tower

Legal, financial and property specialists

ARTS & CRAFTS STYLE SURREY MANSION, OVERLOOKING GARDENS, LAKES AND ROLLING COUNTRYSIDE

ADVICE NOTE BUYING AND SELLING YOUR FLAT. A summary of the typical events when buying and selling a leasehold flat

The Bungalow, Moors Lane, St Martins, SY10 7BQ

cairns Offers Around 1,275,000 Skea Hall, 94 Moss Road, Carryduff, BT8 8HX Telephone

Property and Business Consultants brown-co.com. THE OLD RECTORY, Hedenham, Norfolk, NR35 2LD

Lease Extension Interested in extending your lease? We hope you find this guide useful in informing you of your options and how to go about it.

Houses in Multiple Occupation (HMO): New Planning Controls QUESTIONS and ANSWERS

Campion Drive, 115,000. Tanfield Lea, Stanley, DH9 9PQ. EPC Rating D (66) Semi-detached house with no upper chain. 3 bedrooms, lounge/diner

A Guide to Commercial Lease Alterations

Leith Edinburgh. 3F1, 7 Edina Place, EH7 5RN. gilsongray.co.uk

Madras, 29 Furzehatt Road, Plymstock, Plymouth, Devon, PL9 8QX

HMOs ~ A quick Guide for Landlords. Updated January 2011

Renovation guide & application form

Plain English guide to your lease

ROOM2LET GUIDE TO HMO S (House in Multiple Occupation)

Parsonage Road, Herne Bay

Nottingham City Council Development Department


Spacious 4 Bedroom Detached Family Home

PROPERTY IMPROVEMENTS AND ALTERATIONS POLICY


LBL response to Lewis Silkin Comment

8 Diabaig Torridon IV22 2HE

THE CHURCH OF SCOTLAND

Transcription:

SELLING YOUR HOUSE make sure you have all the planning consents and building warrants in place FOR SALE

Introduction If you are selling your house or flat, it is important to ensure that all the necessary approvals are in place for any work that has been carried out. Whilst your solicitor will be able to give some advice, experience shows there are delays in some property transactions because the necessary paperwork is not in place. This guidance note is divided into five sections and should be sufficient for most property transactions. If you have any doubt whether you require any approvals, then please use the contact details at the end of the leaflet. Building warrants Planning permission Listed building consent Other Consents Further information BUILDING WARRANTS Almost all new building work needs the granting of a Building Warrant before work starts. A Completion Certificate needs to be approved by the Council when work is completed to ensure that it is safe to use and fit for its purpose. Examples of some work that needs a building warrant are as follows; a house extension a new rooflight a new doorway in a non-loadbearing wall a new attached garage If you have carried out work and do not have a building warrant, check out the information below. Home Improvements Our webpage on home improvements provides links to information on when a building warrant is needed. Some work, such as detached garages and huts do not require a warrant but this is subject to certain limits. Unauthorised Building Works If you have carried out building work and have not obtained a Building Warrant, you may wish the Council to inform you if they intend to take any enforcement action. You can apply for a Confirmation of Completion or apply for the Property Inspection Service. Visit our webpage on unauthorised building work including fees for the service. There is no set time limit on enforcing unauthorised works if these have been carried out without a building warrant. PLANNING PERMISSION Planning permission is required for new development such as external work and changes of use under specific circumstances. Internal works do not require planning permission and some work is classed as permitted development and can go ahead without planning permission. Go to our webpage on householder development for more information on this. Time Limits on Breaches of Planning Permission Most building work becomes lawful in planning terms after 4 years. This also applies to a change of use to a house. Otherwise it takes development, including other changes of use, 10 years to become lawful. If you have carried out work without planning permission, you can either apply retrospectively or, if it was done over 4 years ago, apply for a certificate of lawfulness. This ensures that the Council cannot take enforcement action if the works are deemed lawful. You can find out more about applying for a certificate of lawfulness on the Council website. Letters of comfort are not issued for planning permission and formal applications for planning permission or certificates of lawfulness are required if legal documentation is required. LISTED BUILDING CONSENT Unlike planning permission, there are no set time limits on enforcing unauthorised works to a listed building. In addition, it is an offence to carry out works affecting the character of a listed building, unless the works are authorised.

Listed building consent is required for demolition, extensions and alterations which affect the character of the listed building. This includes internal alterations to any category of listed building whether it be A, B or C(S). Technically any unauthorised work can be subject to enforcement action going back to the date of listing but in practice we will not take enforcement action against longstanding work (with some exceptions) or minor works. The following criteria will be used in determining whether or not to take enforcement action against unauthorised works to a listed building. Date of Works 1. If the works are over 10 years old we will not take any enforcement action unless they involve significant changes to the external appearance of the building or involve significant changes to principal rooms or stairwells/ hallways, and it is deemed in the public interest to do so. Significant changes include the creation of partitions, removal of original doors and fireplaces and the lowering of ceilings. A principal room is one of the main rooms of a property. Individual properties, including flats, may have more than one principal room. Principal rooms will usually be the largest rooms in the property; well proportioned, often symmetrical and will have good quality/ original plasterwork and joinery. 2. In most cases we will not take any enforcement action on works carried out prior to the enactment of the Town and Country Planning (Scotland) Act 1972. 3. We cannot take any enforcement action on works carried out prior to the listing of a property. Types of Property Internal works to colony type flats, basement/sub-basement flats and attic flats with coombed ceilings will not be the subject of enforcement action Minor Works We will not take any enforcement action in respect of minor works no matter when they were carried out. Minor works include: 3. The replacement or relocation of kitchen and bathroom fittings within an existing kitchen or bathroom 4. The creation of new partitions, the removal of old partitions or the creation of new openings in non-principal rooms 5. Re-wiring or re-plumbing 6. The installation of satellite dishes hidden in roof valleys 7. The removal of non-original partitions to re-instate rooms (including principal rooms) to the original size 8. Repair and maintenance works in matching materials It should be noted that freestanding structures, e.g. sheds, built within the grounds of a listed building, do not require listed building consent. However, these may be a breach of planning permission if built within the last 4 years. Retrospective Listed Building Consent The Council does not issue letters of comfort for unauthorised works to listed buildings and, if a formal decision is required, an application for listed building consent should be submitted. This will then be determined and a decision notice issued. Where the works are minor and do not affect the character of the listed building, we will inform you that permission is not required, usually within 2 weeks of submitting your application. Other applications may have to be more fully assessed and some may have to be notified to Scottish Ministers before we can grant listed building consent. This can take up to 2-3 months to reach a decision. In some cases, the application will be refused and enforcement action initiated. However, this applies to a small proportion of applications. 1. The conversion of cupboards to form en-suites/bathrooms 2. The removal of a partition within or between cupboards

OTHER CONSENTS There may be other consents you need to have in place before selling your house. For instance, if you have formed a driveway and lowered the kerb, did you get a permit to do this? If you bought your Council home, did you get Feu Superior s consent for any works? Make sure you discuss this with your solicitor before putting your house on the market. THIS ADVICE IS NOT BINDING IN TERMS OF PLANNING OR BUILDING STANDARDS LAW. THIS DOES NOT BAR THE COUNCIL, AS EITHER PLANNING OR BUILDING STANDARDS AUTHORITY, FROM CONSIDERING ENFORCEMENT ACTION IN RELATION TO INDIVIDUAL CASES. FURTHER INFORMATION The Enquiry Office/Planning and Building Standards Help Desk The Planning and Building Standards Help Desk is part of the Enquiry Office service and can offer informal advice. Office hours are: Monday to Thursday Friday 8.30-5.00pm 8.30-3.40pm Planning Contact Details Tel: 0131 529 3550 Email: planning@edinburgh.gov.uk Follow us on Twitter: http://twitter.com/planningedin Building Standards Contact Details Tel: 0131 529 7826 Email: buildingwarrant.applications@edinburgh.gov.uk

You can get this document on tape, in Braille, large print and various computer formats if you ask us. Please contact ITS on 0131 242 8181 and quote reference number 12-0205. ITS can also give information on community language translations. You can get more copies of this document by calling 0131 529 3571. Produced by Services for Communities : Planning and Building Standards. August 2012