Scotland Planning

[jimscotland]

Hello all

 

Back in 2009 I applied for planning and had internal work done (walls moved/downstairs toilet installed/new electrics/plumbing/windows). 

 

The Planning Dept visited the property halfway through the project and seemed happy enough, left a notice of the outstanding work to be carried out. These were minor finishes that have been completed over the years (air vents to new kitchen and down stairs toilet plus new stairs installed to the rear). I never followed up the outstanding notice to complete the application, and the planning expired after 3 years of application (life got in the way/illness..) 

 

We are now looking to sell up but I am worried this outstanding planning application will throw a spanner in the works. I asked the council planning dept for advice and all they would say is the planning application I submitted has expired. 

 

So, do I need to start a new planning application retrospectively or is it too late after 13 years? Ironically, if I never notified the council of the intended works in the first place, this would not be an issue, but now I have an incomplete building application on the property. 

 

I'm just worried any potential sale might be jeopardised, as I know lenders can be fussy about providing mortgages on properties with outstanding planning. 

 

Any advice would be greatly appreciated as it's causing stress to the Wife and I!

 

Thanks

Jim

[Roys]

I bought a house 15 years ago, it had been built about 10 years previous but was never signed off, my solicitor had to get a “letter of comfort” from the council, I’m afraid I don’t know much more detail as I just let the solicitor deal with everything.

I dare say a lot depends on the council and the solicitor, Scotland as well.

[ProDave]

Are you getting confused.  Planning once started, never times out, and clearly you started before the planning expired.

 

I think you might me meaning building control who will want to check the work.  That will time out, unless you keep on extending the building warrant.  They might demand you start a new building warrant before they can issue a completion certificate now, and that might mean having to comply with the current building regs not those in force when you started.

 

How long ago before they last visted?

[gravelrash]

Surely its the same as england in that once development has commenced planning is locked in (will not expire) regardless of time taken to complete. In England its not uncommon to just put a short footing in the ground to start and lock the planning then build or sell years later. 

[Redbeard]

I agree with @ProDave, I wonder if you mean Building Control, not Planning. Certainly a list of outstanding works sounds like Building Control. That is, however, as much help as I can be as I don't know about Scotland and Building Warrants. The 'universal cure-all' this side of the border seems to be an indemnity insurance with a one-off premium. Perhaps the biggest risk, if the 'cure-all' exists in Scotland, is that the buyer may see an opportunity to ask for a price-drop as well. (But I am a  hardened cynic, so perhaps ignore that possibility if you wish!)

[ProDave]

I think the indemnity policy would be an option if the time that has expired since BC last looked, is longer than the time period where they can no longer take enforcement action.

 

What were the outstanding actions?

[Kelvin]

The problem with the indemnity is you need to be careful you don’t notify anyone (like building control) before buying the indemnity as you will invalidate it. You might well have a problem trying to sell unless the buyers are cash buyers. If a bank is involved they have tightened up their processes on this. 

[jimscotland]

2 hours ago, ProDave said:

Are you getting confused.  Planning once started, never times out, and clearly you started before the planning expired.

 

I think you might me meaning building control who will want to check the work.  That will time out, unless you keep on extending the building warrant.  They might demand you start a new building warrant before they can issue a completion certificate now, and that might mean having to comply with the current building regs not those in force when you started.

 

How long ago before they last visted?

 

Sorry, yes it will be Building Contol, 2010 since last visit. It is only minor works outstanding like air vents to kitchen and bathroom and new stairs to rear back door. I will speak to estate agent tomorrow. Thanks for your advise.  

 

[jimscotland]

3 hours ago, Redbeard said:

I agree with @ProDave, I wonder if you mean Building Control, not Planning. Certainly a list of outstanding works sounds like Building Control. That is, however, as much help as I can be as I don't know about Scotland and Building Warrants. The 'universal cure-all' this side of the border seems to be an indemnity insurance with a one-off premium. Perhaps the biggest risk, if the 'cure-all' exists in Scotland, is that the buyer may see an opportunity to ask for a price-drop as well. (But I am a  hardened cynic, so perhaps ignore that possibility if you wish!)

Thanks Redbeard, I'd be happy taking indemnity insurance if thats the case, I remember years back the builder saying they use a Letter of Comfort in Scotland, for this type of work, don't think they do this today. Hopefully it will be straightforward enough.  

[Kelvin]

A letter of comfort is a legal thing and is still used today including in England. I had to have one written up when we sold our house earlier this year. 

[Kelvin]

8 minutes ago, jimscotland said:

Thanks Redbeard, I'd be happy taking indemnity insurance if thats the case, I remember years back the builder saying they use a Letter of Comfort in Scotland, for this type of work, don't think they do this today. Hopefully it will be straightforward enough.  

Like I said above though be very careful about who you inform about your building control problem. It will invalidate any indemnity you seek to take out. Given you’ve already spoken to building control about it you may well have already jeopardised the indemnity. 

[Temp]

When my mother in law died and we came to sell the house our buyers solicitor asked for Building Control Completion Cert for an extension. Couldn't find a copy so wrote to Building Control to request a duplicate. To my surprise they said it was never signed off. Despite many years having passed they still had the file and for a modest fee would come and do the final inspection. They discovered an issue with  hinges on a window but the BCO even recommend a local company thatcould sort it for us. All went pretty smoothly and we got a certificate in a few weeks.

[jimscotland]

.

[Temp]

I'm not sure if it's the same in Scotland but innEngkand Building Control only have 12 months to initiate any enforcement...

 

https://www.planningportal.co.uk/applications/building-control-applications/building-control/building-regulations/failure-to-comply-with-the-building-regulations

 

Quote

A section 36 enforcement notice cannot be served on you after the expiration of 12 months from the date of completion of the building work. A local authority also cannot take enforcement action under section 36 if the work which you have carried out is in accordance with your full plans application which the authority approved or failed to reject.

 

So too late them to initiate enforcement action. 

 

If you are confident allmis in order you could ask Building Control if they would do a final inspection and issue a warrant or completion certificate.