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JGM, Solicitor
Category: Law
Satisfied Customers: 14366
Experience:  30 years as a practising solicitor.
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I own a property in Edinburgh for 18 years and have recently

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Hello I own a property in Edinburgh for 18 years and have recently had it valued for sale. The Estate Agent has said because of a recent shop change of use (3 yrs ago) underneath & adjacent to the flat into a Turkish Kebab Takeaway which we strongly objected to the council about at the time, the flat is now unmortgageable & my home insurance is now invalid.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: no
JA: Have you talked to a lawyer about this?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: there is now also a risk of pests outside the back of the shop/ my garden as the drainage grease trap has been leaking out over the garden for 3 years & also there is a hole in the neighbours wall about 70 x 70cm through the brickwork which hasnt been rebuilt in after the shop was fitted. The grease trap hasnt been fitted by a qualified plumber which makes me worry about the gas & electrical installations & the risk of a fire underneath my flat which has 4 bedrooms 2 of which in the attic

I am a solicitor in Scotland. Thanks for your question. As regards ***** ***** itself and the risks you have to contact environmental health at the council. As regard the property value, some lenders won’t lend where there is a carry out shop underneath but others will. The same applies to buildings insurance. I think your estate agent has painted an overly pessimistic view of the position. I hope that helps. Please leave a positive rating so that JustAnswer credits me for my time.

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Customer: replied 4 months ago.
Thanks for the advice about contacting enviromental health.
The shop in situ before the change of use had opening times of 7am- to 4pm and this has also been changed to 10am to 1130pm or later, I dont understand how the council can disregard the objections and go ahead with this and as a result the value of my property is seriously affected. And I now as a direct result of this will find it hard to sell the property.