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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26069
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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there. I put a roof deck on my top floor flat 14 years

Customer Question

hi there. I put a roof deck on my top floor flat 14 years ago with the consent of the landlord, but without planning permission. I am now selling the property, and the estate agent recommended I get a statutory declaration saying that its been there for 14 years and there have been no structural safety or usage problems, and no complaints from anyone else. Is there a form of wording for this? or do i need to do it with a lawyer and get it witnessed etc
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

Do you have any receipts or invoices or correspondence that dates the installation please?
Customer: replied 2 years ago.

yes, i got written confirmation from the then freeholder that i installed it in 2001

Expert:  Joshua replied 2 years ago.
Thank you. In that case I am not convinced that a statutory declaration in respect of the date of installation is entirely necessary though the agent is correct that the buyers may ask for one. There is possibly a case for one in respect of not having had any problems or complaints with the decking. You may be asked to supply indemnty insurance for lack of planning permission on sale but I would resist this on the basis that the installation is more than four years old and therefore unenforceable by a local authority. The buyers solicitor may ask you for a statutory declaration confirming that it is more than 4 years old if he is not happy that the evidence you have of the date of the installation is absolutely conclusive. Therefore though I maintain that it is not likely to be necessary the agent is right to advise you of the possibility.

Statutory declaration are not straightforward to prepare and need to be prepared by a solicitor in order to ensure they are valid. There constitute evidence given on oath and a custodial sentence can result in giving a false statutory declaration so they should not be treated lightly. A solicitor is likely to charge somewhere between £150 and £250 plus VAT to prepare a statutory declaration for you. Alternatively I would be happy to prepare one for you in accordance with your instructions for £90 if you decide to put one in place. Please let me know if you wish to proceed forward with this.

Can I help you with anything else or has the above answered your questions satisfactorily?
Customer: replied 2 years ago.

how does it work if you do it for me Joshua? By the way I can send you the written confirmation from the freeholder, if I can work out how to send you a document

Expert:  Joshua replied 2 years ago.
If you would like me to prepare a stat dec for you I need to create something called an "additional service". This allows you to pay the agreed fee and then enables us to exchange email addresses and correspond by email. I would ask you to send me information I need privately to prepare the document and if you have one available, a plan and then email you the engrossment for you to print out and then formally swear together with instructions for what you need to do. It is then just a case of keeping the stat dec and producing it to your buyer.
Customer: replied 2 years ago.

OK go ahead.

Expert:  Joshua replied 2 years ago.
Certainly. The additional service offer should appear shortly. Please be aware that altough I am in England the site is US owned and therefore I have to price the offer in dollars. It will therefore not be exactly £90 when it appears on your screen due to conversions rates.
Joshua and 5 other Law Specialists are ready to help you
Expert:  Joshua replied 2 years ago.
Thank you for accepting the offer. My email address should appear below. Are you able to kindly email me so I have yours and then I will ask you for the information I need to prepare. If you don't have time now, you can reply anytime that is more convenient.

I look forward to hearing from you.