If you’ve made alterations to your home, perhaps a loft conversion, an extension, or even removing an internal wall, you may not realise that failing to obtain the correct permissions can cause major headaches when it comes time to sell. In Scotland, significant alterations generally require a Building Warrant before you begin, followed by a Completion Certificate once the work is finished. Without these, you could face delays or even risk the sale falling through.
Why Are Building Warrants and Completion Certificates Important?
These documents show that any work you’ve had done complies with the Scottish Building Regulations. When you sell, your solicitor will ask whether alterations have been carried out and, if so, whether the correct paperwork is in place. The buyer’s solicitor will almost certainly raise this as an issue, and lenders are often unwilling to release mortgage funds until everything is in order.
Common Scenarios Where Problems Arise
- You carried out work years ago and didn’t realise a warrant was needed
- The previous owner made changes without paperwork, and you’re now selling
- You assumed Planning Permission covered everything (it doesn’t!)
What Are Your Options?
If you don’t have a Building Warrant or Completion Certificate, don’t panic. There are usually a few ways forward:
1. Apply for a Completion Certificate
If a Building Warrant was obtained at the time but no completion certificate was issued, you can apply for one retrospectively. Before you do this, you will need to apply for an extension to the time period within which the work should have been carried out, if the Building Warrant was granted more than three years ago.
When you then apply for a Completion Certificate, you are declaring to the council the work is complete and they can accept or reject your assertion. It’s a submission, rather than an application. A local authority surveyor may need to inspect the property.
2. Apply for a Completion Certificate where no Building Warrant was Obtained (also called Late Completion Certificate)
If no warrant was ever obtained, you can still apply retrospectively. You’ll need to provide plans and possibly open up parts of the work so it can be inspected.
3. Request a Letter of Comfort
This is usually only available for work done before 2005. Again, the council will likely inspect the work before issuing a Letter of Comfort. You could also get alteration reports privately from firms like DM Hall.
All of these options take time and incur cost, so if you’re thinking about selling and know (or suspect) there’s no paperwork for alterations, speak to your solicitor as early as possible.
Get Advice Early
At Morgans, we regularly help clients resolve these types of issues so that their sale can proceed smoothly. Get in touch with our conveyancing team today by calling 01383 620222.
Below you will find an easy to follow flow-chart, kindly provided by DM Hall, setting out the options available to you.
