A Building Warrant must be obtained prior to undertaking building works to which the building regulations apply and such unauthorised works may be subject to enforcement action by the local authority.
On occasions unauthorised works come to light when a property is due for sale. The discovery of unauthorised works can cause problems during the conveyancing process when solicitors request sight of approvals for the works and none are available. In certain circumstances the local authority may be requested to inspect the property with a view to issuing a "Letter of Comfort".
"Letters of Comfort" are only available for works carried out prior to 1 May 2005 and then only if the works generally comply with the building regulations and the payment of an appropriate fee. The fee at present is £250 for works estimated to be up to the value of £5000. Works with a value exceeding £5000 will be charged a fee based on the building warrant application fees table.
There may be occasions where a building warrant was obtained but a completion certificate never sought. Solicitors will generally still require a completion certificate during the conveyancing process and therefore a Letter of Comfort is usually sought in the absence of the completion certificate. In this instance the fee is £250.
Unauthorised works carried out from the 1 May 2005 will be subject to a Late Completion where no building warrant was obtained - Submission application. This follows a similar process as to applying for a Building Warrant. The fee is based on the building warrant table.
