Liverpool Law

20 NEWS
Cellar Beware!
In the current market with
high moving costs; basement
conversions are no longer the
preserve of the superheroes
like Batman. Landlords
seeking to increase lettable
space or families needing to
add extra rooms are
increasingly looking
underground for additional
space.
If your client simply wants to
change a cellar into living
space, this may be regarded
as a change of use and may
not require planning
permission. However if plans
includes structural works (such
as a new light well) then it
may be required. It will also
be needed if new selfcontained
accommodation is
created. Works altering the
exterior may also require
planning permission.
Where the plan is to excavate
new underground
accommodation then
planning will be a necessity.
Whatever the requirement for
planning permission, works to
extend the property will
always require Building
Regulations approval. These
cover both the structural
soundness of the extension
and arrangements for
continued use (such as fire
safety arrangements, use of
potentially toxic materials and
Electrical safety). Basement
conversions will often require
extensive damp proofing
works (including tanking)
which will need Building
Regulations approval.
Listed Buildings or properties
within a Conservation Area will
be subject to extra controls if
the works affect the
appearance or character of
the building. When the interior
is listed then consent may be
needed for internal works.
When basement conversions
are being planned for a
terraced or semi-detached
building; you will need to
advise your client about Party
Wall Act requirements. The
Party Wall Act 1996 sets out
when an agreement is
required and the procedure
to be followed.
When acting for a buyer you
should always consider these
points where the property has
or appears to have been the
subject of a basement
conversion. Standard precontract
enquiries should
reveal any works but where
there is any indication that
works have been carried out
or where further information is
required additional enquiries
should be raised. You will need
to see relevant planning
permissions or (in their
absence) evidence of why
they were not sought; building
regulations approval and
listed building consents (where
applicable). Plans should be
checked to see if any Party
Wall Act notices were required
and whether any works have
encroached onto
neighbouring land.
Where it becomes clear that
relevant approvals or consents
were not obtained or where
other defects are revealed
then Indemnity Insurance may
be available and you should
require the seller to obtain this
or to make allowance for the
cost of this. Stewart Title
Limited are able to offer a full
complement of policies to
protect a buyer in these
circumstances and full details
of these can be obtained
from us.london@stewart.com
or 02070107820)
To discuss the issues raised in
this article or for any other
queries you have regarding
our products, please contact
Robert Kelly on 07415 240 703
or robert.kelly@stewart.com.
Robert Kelly, Commercial
Business Development
Manager, Stewart Title Limited
Robert joined Stewart Title in
2013 after 25 years of
experience as a Commercial
Property lawyer specialising in
development and portfolio
management. This experience
plays a vital part in his role
working closely with the
Property industry to use
Indemnity Insurance to resolve
title problems and speed up
transactions.
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