Property in Conservation Area - works done without permission

GoldenShadow

Hi

Property we are buying is in a conservation area. I gather permission is needed for things that would be permitted development in most properties.

If, six years ago, the property in question was double glazed and permission was not sought, can this come back to bite us? Is this the kind of situation where indemnity insurance is helpful? I've seen that mentioned on here before but not sure if it is applicable in this how if scenario. Can it be quite expensive?

Am slightly concerned what else the vendors may have done that may have needed permission...

Thanks :beer:

Cakeguts

Depends on the type of conservation area and the local council.

davidmcn

GoldenShadow wrote: »

If, six years ago, the property in question was double glazed and permission was not sought, can this come back to bite us?

Potentially, yes, if only because annoying buyers/lenders are going to start demanding paperwork from you. And are you sure it was six years ago?

Is this the kind of situation where indemnity insurance is helpful?

Yes.

Can it be quite expensive?

Pretty cheap for this sort of thing. And the cost ought to be the seller's problem anyway.

Am slightly concerned what else the vendors may have done that may have needed permission...

Well, are there any clues?

GoldenShadow

Sellers said 'it was freezing first winter so we thought can never do this again and got the windows done before the next one' which makes it six years assuming that's the truth.

There is an article in place in the conservation area as I was in touch with the council about a potential change we'd consider making, so in actual fact I don't think indemnity insurance would work now I've done more googling, I've already flagged the issue I think. Didn't realise at the time.

Estate agent isn't around for a few days now so I can't get info from sellers.

I hope not re other clues but I didn't think the windows were an issue until I fell into that one. The vendors talked about having spoken to the council about another change so I didn't expect them to have failed to consult them re windows...

nicmyles

The thing is that, realistically, the council will never notice if you put double glazing in so I can understand why they wouldn't have bothered to ask permission. The only people likely to complain would be a local conservation society or somesuch and they probably wouldn't notice either. For any larger change, you're best off going through the normal channels.

If you've brought the breach to the council's attention, you've possibly created a problem for your vendor which they may not be best pleased about.

benjus

It won't be possible to get an indemnity insurance policy if anyone has informed the council that this work has been done.

Gers

I've got friends who are currently battling Historic Scotland about Everest double glazing installed more than 20 years ago! HS are insisting that they be changed. Dukes are up!

davidmcn

Gers wrote: »

I've got friends who are currently battling Historic Scotland about Everest double glazing installed more than 20 years ago! HS are insisting that they be changed.

That'll be a listed building though, rather than merely one in a Conservation Area?

GoldenShadow

Made me chuckle re my vendors might not be happy. You can't expect to sell a period house in a conservation area and for the buyers parting with a large amount of cash not to investigate quite what those restrictions entail. Their agent told me they had got permission for the works so I enquired about further possible changes which is when I've been told no one at the property has applied for permission to do anything since the 80's.

nicmyles

Their agent told me they had got permission for the works so I enquired about further possible changes which is when I've been told no one at the property has applied for permission to do anything since the 80's.

Well, if that's all you did then it won't have caused them any problems - unless you mentioned that they'd changed the windows? If you did, why would you have needed to mention that to find out what the restrictions were?

Look at it this way: if someone came round to your house and said: "Hi, I'd like to enter into a significant business transaction with you that entails patience and trust on both sides. By the way, I've dobbed you into the council for a minor conservation breach. Now, about my offer..."

You'd tell them to do one, wouldn't you?

Cakeguts

We have an article 4 directive on our conservation area. The article 4 directive means that you have to get planning permission for any changes that affect the front of the house. However the council turn a blind eye a lot of the time and people have put in double glazing. We have secondary glazing at the front. You can't really copy the wooden window design in modern glazing and we like the look of the house with the original windows. The directive also means that you need planning permission to make changes to the drive or colour the house is painted so depending on how strict your local council is will depend on whether they will allow the double glazing to stay. It also depends on when the directive started so if the date is after the double glazing then you can't change that but if it is before then the previous owners have broken the rules about getting planning permission. It depends on what the rules are about how long ago changes can be made without planning permission under the rules on conservation areas with directives.