Solicitors’ Property Enquiries for Letters of Comfort relating to property sales
When the 2003 Act was introduced, the late warrant and late completion processes were intended to eliminate the need for letters of comfort or other forms of non-prescribed regularisation processes.
In instances where a new owner inherits “responsibility for a building” but who had had no input into the previous constructions or approvals, there is a need to apply a proportionate response.
Consequently, in circumstances where all other avenues have been exhausted there is a place for a form of non-prescribed regularisation (letter of comfort or equivalent). This is a practicable pragmatic view to reflect the needs of building owners, building standards customers and the conveyancing market in particular.
Such a “tool” is not a method of avoiding enforcement of standards and a regulation to render buildings fit for purpose and does not obviate a local authority from taking proportionate enforcement action should the circumstances in any specific case demand it.
Local authorities are free to apply reasonable charges to cover their costs in this non-prescribed approval process.
More information can be obtained by contacting the relevant local authority.