Property with Alteration without council consent

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    Property with Alteration without council consent

    Hi Guys, hope some one would help me with this issue.

    I am interested to buy a property in Scotland and seller has made one alteration by putting sliding french door on back side (garden side) of the property without council consent. Seller is offering an insurance policy to cover the future costs if council object to this development.

    My solicitor saying this is common practice in Scotland and council would never come to object this but other side he is saying that insurance policy would cover the costs if council ask me to remove this. I am very confused.

    What should I do? does it come under "permitted development" and what law says about this?

    Please can you share some thoughts about this , thanks in advance.

    #2
    I don't think I've ever asked for council consent to do that. I wouldn't worry about it.

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      #3
      Is it in a conservation area?

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        #4
        Not in the conservation area. Seller is also offering title indeminity insurance,can this solve the problem in case of any issues in future?

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          #5
          It is the standard solution to the problem in England. It can't stop the council requiring work to be undone.

          Normally it is the buyer's solicitor that raises such issues, as a way to justify their fee and try to reduce the sale price, so you should really ask your solicitor.

          I think it would be a permitted development, outside a conservation area, in England.

          Is this actually a building regulations issue? If so the risk is having to prove the job was done properly, or redo it.

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            #6
            And, of course, building regulation breaches tend to have health and safety implications. For windows these are likely to be fire escape, ventilation, insulation, and injury from broken glass (or falling out of higher floors).

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              #7
              Had a friend run into this last year when buying a flat where the kitchen had been relocated and rejigged without a building warrant. Sellers were offering an insurance policy, but buyers solicitor strongly advised against. End result was seller applied for and obtained building warrant.
              If you take the insurance policy, the next potential buyer of your property after you may not, so your potential purchasers will be limited, which may limit how much you are able to sell it for.

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