Welcome to this month's HSPC blog where we catch up with our solicitor firms to give you valuable information and advice for everything property in the Highlands.

Chris Stuart of Stuart & Co, talks us through the possibilites of building works and alterations which could affect selling your property.

Why you should speak to your solicitor before putting your house on the market for sale.

In Scotland an offer to purchase residential property obliges the seller, among other things, to exhibit paperwork from the local authority, such as Planning Permission, Listed Building Consent, Approved Drawings, Building Warrant
and Completion Certificate, for any building works carried out at the property for which such permissions are required. This is to show that any such works have been completed in accordance with the Planning and Building Regulations and have been approved by the local authority.

NOTE: Planning Permission and Building Warrant are not the same and in some cases both may be required.

Planning Permission is about obtaining permission to do the works. Building Warrant is about the detail of how the works should be done to comply with the Building Regulations and detailed drawings need to be
approved by the Council.

If you do not have appropriate paperwork then this could hold up your sale and create difficulties, possibly even leading to the purchaser deciding not to proceed.

It is essential that you speak to your solicitor before putting the property on the open market so you can discuss this, and other matters, and ensure you have all paperwork available in readiness for an offer coming in. All HSPC estate agents are also solicitors.

A number of questions arise:-

1. Has the seller carried out any such building works?
2. Has a previous owner carried out such building works?
3. Was Planning Permission required?
4. Was Listed Building Consent required?
5. Was a Building Warrant required?
6. What if building works were carried out but there is no paperwork?
7. What is the position of the mortgage lender financing the purchase – will they accept the position?

Your solicitor can help you answer these questions.

NOTE: not all building works require permissions. A Building Warrant is not required for internal alterations to houses (not a flat or maisonette) if:-

1. The floor area is not increased
2. There is no alteration to an external wall, a separating wall, a load bearing wall, or the roof or any other structural element.
3. The alterations do not affect the waste water drainage
4. The house has no more than 2 storeys

However, all building works carried out must comply with the Building Regulations even if a Building Warrant is not required.

There are detailed regulations which apply to additional buildings such as garages, porches, sun rooms and conservatories. Again it is essential that you speak with your solicitor about this before putting your property on the market so these matters can be checked in advance.

Thinking of buying or selling? Get in touch with HSPC to get you started. We have the largest portfolio of properties in the Highlands.