Selling the adult's house

I want to sell the adult's house

If the adult owns a property which they still live in or a property that was their residence i.e. their dwelling house, and the Sheriff has given you authority to sell it, you will need to apply to the Public Guardian for consent to do so. The court order may give further direction about what consent you might need. You should note that the inventory and management plan must be approved by us before making any arrangements to market or sell the property.

We provide an application form for you to tell us more about the property that is to be sold.

You do not require our consent for the sale of holiday homes or a second property belonging to the adult.

The consent process is in 2 stages:

  • Stage 1 - applying for consent in principle

You will need to complete an application form and send it to us along with the fee. We will then send a copy of your application to other interested parties to inform them and to allow an opportunity for an objection to be made. We usually allow 21 days for any objections to be made. However if one of the parties lives outside Europe we allow a period of 42 days.

If an objection is received we will refer the application to the Sheriff to make a decision. If there are no objections we will issue a letter to you consenting in principle to selling the property. Once you receive this, the property can be marketed.

  • Stage 2 - applying for consent to the sale price

The following documents should be sent to us when you receive a favourable offer:

  • a copy of the offer the guardian wishes to accept
  • an up to date valuation of the property concerned. An estate agent’s valuation, surveyor’s report or Home report is acceptable
  • a note of any other offer(s) received for the property
  • details of how and where the property was marketed
  • written confirmation that the guardian(s) wish to accept the offer

When we receive all the information we need we aim to make a decision within 5 days. If the sale price is approved, we will issue a letter which you can then present to the purchasing agent.

Buying a house for the adult

If the Sheriff has given you authority to buy property on behalf of the adult you will need to apply to the Public Guardian for consent to the purchase price. We provide an application form for you to tell us more about the property that is to be purchased. You should note that the inventory and management plan must be approved by us before making any arrangements to market or sell the property.

The consent process is in 2 stages:

  • Stage 1 - applying for consent in principle

You will need to complete an application form and send it to us along with the fee. We will then send a copy of your application to other interested parties to inform them and to allow an opportunity for an objection to be made. We usually allow 21 days for any objections to be made. However if one of the parties lives outside Europe we allow a period of 42 days for objections to be made.

If an objection is received we will refer the application to the Sheriff to make a decision. If there are no objections we will issue a letter to you consenting in principle to buying the property.

  • Stage 2 - applying for consent to the purchase price

When you find a property that you wish to purchase the next step is to apply to the Public Guardian for consent to the purchase price. You will also need to send:

  • a copy of the offer
  • a valuation report

When we receive all the information we need we aim to make a decision within 5 days. If the purchase price is approved, we will issue a letter which you can then present to the selling agent.