If you’re buying or selling a property in Scotland, alterations can turn what should be a straightforward conveyancing transaction into a more complex legal exercise. From loft conversions and wall removals to replacement windows and garden rooms, even seemingly minor changes can raise important legal issues.
At Delaney Graham Solicitors, we regularly advise clients across Scotland on how property alterations affect the conveyancing process. Whether you’re a seller preparing your home for the market or a buyer keen to avoid unexpected liabilities, here’s what you need to know.
Why Alterations Matter in Scottish Conveyancing
In Scotland, any property on the open market is sold with a detailed Home Report, and any formal offer will include a clause in the Scottish Standard Clauses which puts an obligation on the seller to provide local authority consents for alterations carried out in the last 20 years (this is commonly known between conveyancers as Standard Clause 8).
Issues relating to alterations can quickly become a legal problem that your solicitor will have to work through with the other party’s solicitor.
The starting point in the process is normally reviewing the surveyor’s comments on the Survey Section of the Home Report. This is usually titled “Matters for the Conveyancer”. Where alterations have been identified, the property and mortgage valuations are made on the assumption that the documents are exhibited and made available to the buyer.
The Buyers’ solicitors will investigate:
- Whether the alterations required planning permission
- Whether a building warrant was needed
- Whether a completion certificate was issued
- Whether title deeds restrict alterations
- Whether the works affect common areas (for example a shared roof or attic space)
If paperwork is missing or works were carried out without consent, this can delay settlement and in a worst case scenario it can jeopardise the sale.
Planning Permission vs Building Warrant: What’s the Difference?
A common source of confusion is the distinction between planning permission and a building warrant.
- Planning permission relates to how a development affects the surrounding area. Planning Permission is issued by the Planning Department at the council.
- A building warrant relates to the safety and construction standards of the work itself. A building warrant is issued by the Council’s Building Control Department.
For example:
- Replacing windows on a like-for-like basis may not need planning permission (unless in a conservation area), but structural changes usually require a building warrant.
- Removing a load-bearing wall absolutely requires a building warrant and structural sign-off by a qualified structural engineer.
Additional restrictions may also have to be considered in conservation areas or for listed buildings.
Tenements and “Cottage Flats” – Common Property Issues
If you’re dealing with a flat, especially in traditional Glasgow tenements or “Cottage Flats”, alterations can become more complicated.
Issues often arise where:
- A structural wall has been altered, and the internal living space has been reconfigured
- Chimney breasts have been removed
- Roof space has been converted and Velux windows installed
- Extensions have been erected on common property
In many cases, the title deeds require consent from other proprietors for alterations affecting common property. This means that further investigations will have to be undertaken to review the situation. Depending on the outcome, corrective conveyancing or title insurance might be required.
Missing Paperwork: Is Indemnity Insurance the Answer?
In some cases, where historic paperwork cannot be located, a title indemnity policy may be required. However, in Scotland this is not always a straightforward solution.
Unlike in England, Scottish conveyancing practice is generally to be more cautious about relying solely on indemnity insurance, particularly where:
- Structural alterations are involved
- There is an obvious building standards issue
- The local authority could still take enforcement action
Each case must be considered carefully. A quick fix is not always possible and additional documents or evidence might be required.
Where unauthorised structural alterations have been undertaken, it might be prudent to have a structural engineer’s report or private “Letter of Comfort”. This will assess the structural integrity of the works and might even make some recommendations for remedial works to bring the work up to building regulations standards.
In a lot of cases, it will be difficult to know when the alteration happened. Depending on how long the seller has owned the property, your solicitor might also suggest Affidavits are provided to confirm whether the work was done more than 20 years ago and can therefore be deemed “historic”.
Advice for Sellers: Be Proactive
If you’re thinking of selling and have carried out alterations:
- Locate all planning and building warrant documentation which has been issued during your period of ownership.
- In particular, check whether a completion certificate was issued.
- If you do not have the correct paperwork from the Council, speak to your solicitor before contacting the Council as once the Council are alerted to the fact that the correct consents were possibly not obtained you will be unable to obtain an indemnity policy.
- Speak to your solicitor before your property goes on the market.
- Discuss identified alterations with your surveyor. These might have been carried out by a previous owner but will still have to be dealt with during your sale transaction.
Being proactive can prevent delays once you accept an offer. In Scotland, once missives are concluded, there is limited room to manoeuvre.
Advice for Buyers: Ask the Right Questions
If you’re buying a property with visible alterations:
- Ask when the works were carried out.
- Request copies of all relevant consents.
- Ensure your solicitor raises specific additional enquiries where appropriate.
- Do not assume “it’s been there for years” means it’s compliant.
If you are buying with a mortgage, the mortgage lender will also have to be satisfied that their mortgage over the property is fully protected with the correct paperwork being in place for any alterations.
Listed Buildings and Conservation Areas
Scotland has a rich architectural heritage and the law is robust in protecting our history. If a property is a Listed Building or within a Conservation Area, stricter rules apply. Unauthorised works to a listed building can have serious legal consequences, including potential criminal liability. Your solicitor will assess the risk and will recommend a suitable outcome.
The Bottom Line
Alterations are one of the most common causes of delay in Scottish conveyancing transactions. Whether you’re buying or selling, early legal advice can save time, money, and stress. Therefore, identifying these issues early in the process is key.
At Delaney Graham Solicitors in Glasgow, we guide clients through every stage of the conveyancing process, ensuring that property alterations are properly investigated and resolved before they become a problem.
If you’re planning to sell — or considering an offer on a property with alterations — speak to an experienced Scottish conveyancing solicitor as early as possible.
This article is for general information only and does not constitute legal advice. For tailored advice regarding your property transaction, contact Delaney Graham Solicitors directly.
