It is now commonplace for the buyer's conveyancers to ask for retrospective consent for work carried out on a property, even if it was done many years ago. The Law of Limitations and common sense no longer apply. We are currently involved in a transaction where a loft conversion was carried out more than 20 years ago and the buyer's solicitors are insisting on retrospective consent from the freeholder since the lease description is ambiguous. It merely states that the demise is the upper maisonette. Since no other party has any access to the loft space, this clearly is not a real problem. It is absurd to suggest that the freeholder would be able to take any action against the lessee after this period of time, particularly where no loss has been incurred.


Because the buyer's solicitors are insisting on retrospective consent this is causing a considerable delay and a great deal of expense. The freeholder's solicitors are making an issue of the problem and insisting on plans, photographs etc - and of course their expenses - to provide a consent which is clearly unnecessary. In addition to the delay and anxiety, one of our clients has a terminal illness and may not see the matter through to completion.



Needless to say, our clients purchased the property in good faith and the issue of a loft conversion was not raised. Nothing has changed. Our clients have been mugged by the legal profession and this madness must not continue.



John Clay, licensed conveyancer, Clay & Co, Teddington