Works without Consent

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To carry out certain building works you require to obtain a Building Warrant, this could include works such as:

• adding an extension or conservatory to your house
• converting your loft, or
• erecting a garage, wall or fence.

Works carried out before 1 May 2005

Building works carried out without Statutory Consent under the 1959 Act 'Letter of Comfort'

The Building (Scotland) Act 1959, required that a Warrant be granted prior to any building or demolition work being undertaken. However, sometimes works were carried out without approval. This usually comes to light when the property is to be sold because, as part of the conveyancing process, a lawyer requests copies of the Building Warrant and/or Completion Certificate relating to the works. Where neither of these documents is available, a 'Letter of Comfort' may be issued by Glasgow City Council.

Only works completed between 15 June 1964 and 30 April 2005 will be considered for a 'Letter of Comfort'. The application form and Guidance note can be downloaded here.

What are the timescales?

At the discretion of this authority, the Service will undertake a non-disruptive inspection of the work, with regard to the health and safety of people in and around the building.

The Service aims to respond to 90% of applications within 6 working days of receipt to arrange to carry out an inspection. Please note that the inspection may result in the need for remedial works to be undertaken by the applicant before the 'Letter of Comfort' can be issued. Failure to instigate remedial action may result in statutory action being taken by the Service.

Following the inspection, and the applicant undertaking any necessary remedial work, will issue a 'Letter of Comfort' stating that the Service does not intend to take any statutory action in respect of the unauthorised works.

The Service aims to issue 90% of 'Letters of Comfort' within 3 working days of any matters requiring attention being satisfactorily completed.

Works carried out on or after 1 May 2005

Building works carried out without statutory consent under the 2003 Act

If works have been completed without a Building Warrant, on or after 1^st May 2005, the Relevant Person or their agent should submit a Certificate of Completion via the eBuilding Standards Portal (opens new window). Plans, specifications and other information that would have accompanied a building warrant application will be required.

Please note that this will incur an increased fee, and that the completed works will have to comply with the building regulations in force at the time of the submission of the Completion certificate.

Related Content

Related Articles

• Application Forms and Guidance Notes

Links

• eBuilding Standards (opens new window)