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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. - - - - -
Amy’s first day of school began with an indemnity policy from Stewart Title. The first day at a new school is an important one. So when the Miller family found their dream home near the perfect school for their daughter, Amy, their lawyer knew he could count on Stewart Title to ensure a speedy exchange of contracts. Our policies are accepted by a wide range of lenders, so the Millers and their lawyer could move swiftly and safely. That meant the Millers could settle into their new home in time for Amy’s first day of school – and that’s just the kind of service we can provide to you. Contact us today to see what we can do for you. Call 020 7010 7820 or visit stewarttitle.co.uk. © 2015 Stewart. All rights reserved.
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