The legal risks of Property Alterations

Thanks to John Cook –Managing Director Cinnamon Property Lawyers for this series of articles.

John has extensive experience of delivering legal services across a broad range of property transactions having worked in the legal services industry for the last 22 years.

Introduction to the legalities of altering your property

As lawyers we’re often confronted with situations where properties have been altered by the current (or previous owners).  There may be small alterations, such as a porch or on occasions major structural additions, such as full room additions or extensions.  This series of articles discusses the legal implications of property alterations.

Let’s face it – when we’re altering a property, regulations aren’t always the primary concern.  Usually, we’re just worried about improving our properties.  Most people don’t think about the legal or regulatory implications unless they have a good builder or tradesman with an understanding of what’s needed.

So what happens on sale?  Let’s find out.  Many properties have been altered since their original construction.  When properties have been altered it’s very important that we make sure all of the necessary permissions and consents were obtained.

Selling or Buying Property

If you are selling then your buyers lawyer will ask your lawyer to provide the information shown in this guide on your behalf and if you are buying your lawyer will request the information from your sellers lawyer.

In both cases – the lawyer working for you can work more quickly if you let them know about any property alterations as soon as possible so that they can take action on your behalf.  Last minute surprises can cause delay.

Must buyers will submit a local search.  A local authority search will only reveal a Planning entry has been registered with the local authority or if Building Regulation enforcement action has taken place.  It’s quite possible that work will have been done to a property and the local authority doesn’t know about it.

Permissions

There are three areas where permission may have been required.

• You need to check whether Covenant Consent was needed;
• You need to check whether Planning Permission was required and if it was obtained; and
• You need to check whether Building Regulation approval was required and if it was obtained.

In the following weeks I will go into more details about each of the areas and how they effect you as a property investor.

If you have a question for John please submit them to info@justdoproperty.co.uk

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