Unauthorised alterations - do they change anything?

You’d be surprised by just how many people carry out alterations to their Property without obtaining consents for the works, when they really ought to have. Whether we are talking about the addition of French Doors or a conservatory, the removal of a wall, or even erecting an extension, we see it quite frequently. It begs the question - what impact does this have when you are buying or selling a Property?

Unless we are talking about really extreme circumstances, your transaction can still go ahead. However, it will mean that your transaction won’t be quite as straight-forward as you may hope or like. Additional work will be required to resolve the issues posed by the unauthorised alterations.

There are a number of options that are available to counteract the lack of consents and to allow your transaction to proceed. So, what are these options?

First up, the Seller can contact the Council for Retrospective Consents, or a Letter of Comfort. The difficulty with this is that it is likely to take a while for the consents to be produced - it could delay the transaction by weeks or even months.

Another option is obtaining a Title Indemnity Policy. This would provide a Buyer (and their lender if they have one) with a degree of protection should a Council take enforcement action because of the unauthorised works. The Policy is quite cheap and really quick to obtain. Although it should be said, they aren’t appropriate in all situations.

Finally, another option is having a Property Inspection carried out by a qualified person who will then write up a report confirming whether or not the works are compliant with the relevant Regulations and/or Building Standards. Again, this can usually be arranged pretty quickly, but it is more expensive that the Policy.

All transactions are different. Deciding the appropriate option will depend on the age and nature of the alterations, as well as the wider circumstances of your transaction.