Legal Q&A: How can we find out if previous works done to our flat have listed building consent?
Question: We want to sell a flat that I inherited some years ago. However, the estate agent who looked at it with a view to selling it for us said works have been done to it recently that probably did not have listed building consent.
The flat is in a building that is Grade II-listed. She said that if we do not sort this out we might not be able to sell the flat. I do not know anything about any works having been done to the flat. What should we do?
Answer: Look at the lease to your flat and compare the lease plan attached to it with the current layout of the flat.
Check for variations such as the removal of a wall which would suggest that works have indeed been done.
Ask the agent to explain what works she thinks were carried out. Also check any title deeds you may have to the flat to see if the bundle includes Listed Building Consent or an indemnity policy which may have been granted at some stage for lack of such consent. You can also check the local authority website to establish what consents, if any, have been granted in relation to the flat.
You could engage the services of a chartered surveyor to inspect the flat and to advise you whether works have been carried out to it without appropriate Listed Building Consent.
If that is the situation, the surveyor should also be able to indicate whether an application for retrospective Listed Building Consent is likely to succeed. You do need to resolve the situation as most buyers and lenders will not proceed without the correct consents being in place, which may also include the landlord’s written consent for alterations to the flat.
These answers can only be a very brief commentary on the issues raised and should not be relied on as legal advice. No liability is accepted for such reliance. If you have similar issues, you should obtain advice from a solicitor.
If you have a question for Fiona McNulty, please email legalsolutions@standard.co.uk or write to Legal Solutions, Homes & Property, Evening Standard, 2 Derry Street, W8 5EE. Questions cannot be answered individually, but we will try to feature them here. Fiona McNulty is a solicitor specialising in residential property.