By Calum Allmond

One of the most common challenges the architectural services team at DM Hall come across is dealing with the issue of unauthorised alterations. 

Maybe you made alterations to your home and aren’t sure whether or not you needed permission to do so first? Perhaps you’re thinking of moving home and you’re worried that those alterations might need permissions that could hold up your plan to move, especially if you have certain timescales to abide by? 

The team at DM Hall are experts in dealing with such challenges. When it comes to it, there are three main types of permission that may be required when making alterations to your property: 

• Building Warrant –  this is generally required to erect, alter, extend, convert or demolish a building. Works are assessed by Building Control to make sure they comply with the Building Regulations. If you carry out work that requires a building warrant without first obtaining a warrant, you are committing an offence. Building Control can enforce the homeowner to obtain retrospective consent if they are made aware of the works or prosecute if this is ignored.
• Planning Permission – this is usually only required when making major changes to the property such as an extension or when changing the buildings use or when building something new altogether. In Scotland for domestic properties there is a “4 year rule” which states that Planning Authorities cannot enforce the homeowner to obtain retrospective consent for works which can be proved to be over 4 years of age. 
• Listed Building Consent – this only applies to properties which are Listed (of special cultural or architectural significance). If you are unsure if your property falls into this category there is a database available online at the Historic Environment Scotland website. There is no “4 year rule” applicable to these properties. 

Property Building Warrants in Scotland 

In this article, we will focus on Building Warrant permissions as these are usually where issues in the home report arise. A surveyor will likely mention any alteration made to the property in the home report and state that it is assumed any necessary consents are in place.

You may have done any of the following:

• Turned a storage cupboard into a W.C. 
• Constructed timber decking in the garden 
• Removed an internal wall to open up the Dining room into the Kitchen or Lounge 
• Installed an internal door to access an integral garage 
• Removed a window and area of wall below to install French doors 
• Converted attic space into accommodation and maybe a new stair case as access 
• Installed a Velux roof window or maybe even had a porch or conservatory erected 

All of those alterations and many more may have required permission by way of a Building Warrant depending on certain criteria. DM Hall’s Architectural Services team offer a reporting service whereby we will come out to the property to inspect these alterations then produce a report which will state: 

1. The alteration(s) carried out
2. Whether or not permission should have been sought and also provide a further quotation to obtain the consent for you retrospectively, should it be required
3. Any areas of non-compliance with the Building Regulations so that remedial works can be carried out achieve full compliance

Why You Should Use DM Hall For Your Architectural Services in Scotland 

Our Alteration reports (sometimes incorrectly termed “Letter of Comfort”) are widely accepted by solicitors and lenders involved in property transactions. They can help transactions settle by way of retention figures if works requiring a Building Warrant are discovered at the last minute in a sale. 

What do Building Warrant applications in Scotland need?  

Usually, to apply for a Building Warrant, you will require architectural drawings showing an existing and proposed situation and any new works detailed down to the type of screw or bolt being used.  

You may also require manufacturer’s specifications and input from third parties such as a Structural Engineer or an electrician where structural alterations or electrical work has been carried out. At DM Hall, we can take care of all of this for you when acting as your Agent in an application, including liaising with third party contractors if required. 

How much does a Building Warrant application cost?  

Aside from the Agent fee and the third party contractor fees, which will vary depending on the scope of the alterations involved, there is a submission fee payable to the local authority. 

For any alterations up to the value of £5000, there is normally a fee of £150 applicable and then for more involved works, there is an increasing scale of fees based on an estimated value of works.  

However, if you’re applying retrospectively, the fee payable to the local authority is tripled to a minimum of £450. This retrospective application, termed “Completion Certificate where no Building Warrant was obtained”, will require a site inspection by a member of the local authority to sign off the final paperwork required to complete a transaction.

Are there any exempt works that may not require a Building Warrant application?  

Yes, there are exemption criteria in the Building Regulations in Scotland, meaning that there are some works which will not require a Building Warrant. If you own a flat/maisonette or a 3 storey property, then there are far fewer exemptions than with a standard bungalow or 2 storey properties.  

So, it is very important you seek advice on any alterations you make to properties of these types. Our reports will state whether the alterations are: 

1. Warrantable works (i.e. works requiring a Building Warrant).
2. Exempt works not requiring a Building Warrant.
3. Historic works older than 20 years which may be accepted without a warrant but this may depend upon the scope of works and evidence is required for us to make this statement.

There are also Title Indemnity Insurance (TII) policies available through solicitors which can be put in place in order to protect the owner of a property with a legal defect against potential financial loss.  

The TII may be an alternative to obtaining retrospective consent and would provide financial compensation should the local authority take enforcement action in the future. Depending on the nature of the unauthorised works and when they were carried out, the risk of enforcement action being taken may be remote and TII may provide sufficient comfort to a purchaser. 

You should seek advice from your solicitor to find out whether this is a viable option for you. Although TII will cover the costs of enforcement action by the local authority it is important to remember that it may not cover the cost of remedial works to the property if they are required to gain sign off on the work. 

At DM Hall, we also offer other services in terms of Building Warrants such as: 

• obtaining copies of approved documentation that you may have misplaced 
• applying for Amendments to Building Warrants where you already have permission but may have not followed the approved drawings to the letter 
• Extensions to Building Warrants that may have expired so that Completion Certificates can be obtained 
• Completion Certificate applications which again, will lead to an inspection by a member of the local authority to sign off the final paperwork required to complete a transaction

If you would like a member of our Architectural Services team to provide a quote to inspect and report over alterations in your home please get in touch on 01383 621262 or at architectural.services@dmhall.co.uk  

We are based in Dunfermline and cover the whole of Scotland and can normally turn around a report, if required, within a few days subject to location and current workload.

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