Hi all - we are in the process of buying a property in Scotland which we had an offer accepted on in October, with a date of entry set for the end of January. Our solicitor has undertaken the title search and come back to advise us of a few things. The current owner has owned the property since 2005. In which time he has renovated the inside (moved staircase, moved walls, added bi-fold doors and remodelled kitchen, floored and renovated attic, added velux windows to roof and replaced all the single glazed softwood windows with double glazed hardwood windows) - and that's only the stuff we know about. The home report indicated some of what had been done, but the current owner had said the property was not listed and ticked 'don't know' as to whether it is in a conservation area. Well, turns out it is both (grade C listed) and the current owner claims to have known nothing about it (despite it being clear on the title deeds). For the interior refurbishment he applied for and got planning permission, but did not get a completion certificate at the conclusion of these, and got no planning permission whatsoever for the attic (spacesaver staircase, flowing/insulation and velux). And since he claims not to be aware of the property being listed, all of this has been done without listed building consent.
In the first instance the seller has applied for a building warrant amendment, as the refurbishment he got planning permission for was slightly different to what he ended up doing. This will then need to be moved forward to apply for a certificate of completion. My major worry is that when he goes ahead and seeks retrospective LBC that this could be denied. The refurbishments to the interior are very sympathetic and not overly modern/distasteful, and the windows are wooden, albeit a different style to those replaced. I am worried that someone would turn around and ask that the bi-fold doors are removed and it is returned to a small window and single access door, as this would severely impact on the appeal of the property. The doors cannot be seen by anyone and face out onto the private, enclosed garden, so do not impact on the 'look' of the house, and it is listed as being an 'example of housing of it's time' and not for any particular features.
I would also not want to lose the double glazing, although imagine that we could replace them with slimline double glazing that is more like the previous windows, not have to reinstate single glazing?
Our solicitor has talked through a few things; firstly we can cross our fingers that the seller comes up with the goods and produces a full suite of documents (however I doubt this will be the case). This option could of course cause delays as the seller is seeking a lot of paperwork, our moving date is in just over six weeks and there is Christmas/NY in the midst of all that. Secondly we could hold a retention sum back from the sale price, a sizeable sum that would cover possible rectification of works to required standards, until the seller produces all documentation and gets retrospective consent for everything (or doesn't and we use the money to put things as they need to be). Or title indemnity, but I am less sure about this option from what I have read on here. I also don't want to just be 'covered' in case of enforcement, I actually want things done to code/legally, both for ourselves and for when it would come to selling.
You can view the house here (https://espc.com/property/2-brewery-close-south-queensferry-eh30-9ln/35880551?sid=157316) and see what I am referring to regarding some of the changes he has made.
Does anyone have any advice/guidance? Our solicitors are being great and very helpful/proactive but I just want to get a better understanding of what position we are in. We love the house and want to make the sale viable if at all possible, but we don't want to go into this blinkered or risking having to change the property into something we don't want.
Thanks!
Rosie
In the first instance the seller has applied for a building warrant amendment, as the refurbishment he got planning permission for was slightly different to what he ended up doing. This will then need to be moved forward to apply for a certificate of completion. My major worry is that when he goes ahead and seeks retrospective LBC that this could be denied. The refurbishments to the interior are very sympathetic and not overly modern/distasteful, and the windows are wooden, albeit a different style to those replaced. I am worried that someone would turn around and ask that the bi-fold doors are removed and it is returned to a small window and single access door, as this would severely impact on the appeal of the property. The doors cannot be seen by anyone and face out onto the private, enclosed garden, so do not impact on the 'look' of the house, and it is listed as being an 'example of housing of it's time' and not for any particular features.
I would also not want to lose the double glazing, although imagine that we could replace them with slimline double glazing that is more like the previous windows, not have to reinstate single glazing?
Our solicitor has talked through a few things; firstly we can cross our fingers that the seller comes up with the goods and produces a full suite of documents (however I doubt this will be the case). This option could of course cause delays as the seller is seeking a lot of paperwork, our moving date is in just over six weeks and there is Christmas/NY in the midst of all that. Secondly we could hold a retention sum back from the sale price, a sizeable sum that would cover possible rectification of works to required standards, until the seller produces all documentation and gets retrospective consent for everything (or doesn't and we use the money to put things as they need to be). Or title indemnity, but I am less sure about this option from what I have read on here. I also don't want to just be 'covered' in case of enforcement, I actually want things done to code/legally, both for ourselves and for when it would come to selling.
You can view the house here (https://espc.com/property/2-brewery-close-south-queensferry-eh30-9ln/35880551?sid=157316) and see what I am referring to regarding some of the changes he has made.
Does anyone have any advice/guidance? Our solicitors are being great and very helpful/proactive but I just want to get a better understanding of what position we are in. We love the house and want to make the sale viable if at all possible, but we don't want to go into this blinkered or risking having to change the property into something we don't want.
Thanks!
Rosie