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New-build properties are not legal, home owners warned

Part of the Lathro Meadows estate, at Lathro Farm, Kinross
Part of the Lathro Meadows estate, at Lathro Farm, Kinross

One of the UK’s largest construction companies has apologised to residents at a Kinross-shire housing estate, after it emerged their new-build homes are not entirely legal.

Perth and Kinross Council leafleted households at the troubled Lathro Farm site, warning owners that the properties had been unlawfully occupied without proper documentation in place.

It comes just days after the local authority fenced off streets at the estate, because they had been built by developers Persimmon Homes without proper consent.

Persimmon has offered its “sincere apologies” to residents, and said it is working with the local authority to get on top of the issue.

One resident said: “It’s a real worry and we’ve been told it could take some time to resolve.

“The fact these certificates aren’t in place could mean our insurance is invalidated.

“People have taken out mortgages on the basis of their homes being fully insured.”

In letters to households, the council’s building standards team leader Martin McLelland wrote: “It has been noted that many of the dwellings on the site are being occupied without a valid Temporary Certificate of Occupation or Completion Certificate being in place. This is an offence under the Building (Scotland) Act 2003.”

“As Persimmon should have obtained this prior to your moving in, I do not intend to take any formal action at this time.”

Mr McLelland has asked owners to contact the council to arrange for an inspection.

“We are happy to take raise of any failures in construction that you have noted in your own dwelling,” the letter continues. “However, we cannot pursue snagging which is purely bad workmanship.”

Stephen Profili, managing director at Persimmon Homes North Scotland, said: “We offer our sincere apologies to our customers and are working with Perth and Kinross Council to resolve this matter urgently.

“We are keen to reassure our customers that their properties have been inspected by both the warranty provider and the local authority to ensure their homes are fit for occupation.

“The warranty provider’s (premier) cover note is in place for all the properties in question.

“However, in relation to the local authority, in every instance the local authority building inspector has confirmed verbally that the properties in question were being issued with Temporary Habitation Certificates.  The normal process is that the paper certificate would be posted two to three weeks after occupation.

“Unfortunately in some instances it would appear that the paperwork has not been issued, or the temporary certificate has expired without being extended.  We apologise for this error and we are working with the local authority to ensure this is rectified during the course of July.”