Grade 2 listed building - windows

RobertR123

i am in the process of purchasing a grade 2 listed building whereby a number of windows have, I believe, been replaced rather than repaired. As there have been fensa certificates issued, as I understand, this confirms they are replacements and that grade 2 building consent has not been granted. Can I get into trouble if I go ahead with the purchase in the knowledge that permissions have not been granted.

davidmcn

RobertR123 wrote: »

As there have been fensa certificates issued, as I understand, this confirms they are replacements and that grade 2 building consent has not been granted.

I don't think it confirms anything one way or the other. In fact according to this FAQ, there shouldn't be FENSA certificates issued for listed buildings:

Listing Buildings: If the homeowner lives in a property that is a Listed Building and wish to replace the windows this would fall under the Jurisdiction of the relevant Local Authority therefore listed building consent would be required and the installation cannot be registered with FENSA.

You would need to check separately for listed buildings consent.

Can I get into trouble if I go ahead with the purchase in the knowledge that permissions have not been granted.

It doesn't matter whether you have knowledge or not, the local authority can make you reinstate ye olde style windows if there wasn't listed buildings consent for the replacement.

Hoploz

I expect you could ask your seller to put an indemnity in place to cover this. It's worth asking I'd say.

Hoploz

Just a thought - is it definitely the whole building which is covered by the Listing? Some properties around here have the front facade listed rather than the whole building.

phoebe1989seb

Hoploz wrote: »

Just a thought - is it definitely the whole building which is covered by the Listing? Some properties around here have the front facade listed rather than the whole building.

My understanding is that listings always cover the whole building regardless of what is referred to in the description

RobertR123

That's what I think I will do, to ask the seller for an indemnity to be included within the sale contract and, once completed, be upfront with listing buildings consent and apply retrospectively. Hopefully, if both solicitors agree, the purchase can go ahead legally and I won't be prosecuted. Thanks for all your input and advice

G_M

RobertR123 wrote: »

That's what I think I will do, to ask the seller for an indemnity to be included within the sale contract and, once completed, be upfront with listing buildings consent and apply retrospectively. Hopefully, if both solicitors agree, the purchase can go ahead legally and I won't be prosecuted. Thanks for all your input and advice

I strongly suspect that would immediately invalidate the indemnity policy.

Hoploz

You should not flag this to the council. They will not be able to make you put it back as it was - if the windows should have been repaired and not replaced its been done and that's that. I don't know whether there is some sort of fine system but ultimate if the windows are of the same profile and materials as the original I can't see what else the council could do. However if you find they are the wrong profile etc you could find you have to replace the whole lot at your own cost. Let sleeping dogs lie and as long as they look the same hope it doesn't get noticed.

Hoploz

It's definitely worth challenging the sellers about the details though.

Ray_Singh-Blue

Take the worst case scenario. You move in and soon after are slapped with an enforcement order to restore the windows their orginal state.

How much that would cost? Can you (a) live with the risk or (b) insure against the risk?

You only have a problem if both answers are no

leveller2911

phoebe1989seb wrote: »

My understanding is that listings always cover the whole building regardless of what is referred to in the description

And in most cases the Listing also includes the entire curtilage so garden structures,buildings,walls etc..