Buying a listed property with lack of listed building consent for minor alterations

gladrags22

Hello,

We are in the process of buying a grade 2 listed house. We're fairly far along with the process and it's come to light through the surveyors report that 6 sash windows have had slimlite double glazing installed. (fine for conservation areas, not for listed) there is also a repair to a wall. Speaking to my solicitor, we can ask if they will take out an indemnity policy to cover us, should there be a problem with either of these. Is this right? She warned us that there may be some mortgage lenders that won't accept indemnity policies.

I'm not sure where that leaves us. If we were to inform the council and ask for retrospective permission it would take months and probably be refused (meaning a permanent mark on the title) Could we tell the mortgage company that we will cover any costs if putting things right? Estimated at around £5000 if everything had to be done again.

Has anyone any experience in this area that could help us? The house is great in every other way and we really don't want to back out now.

Many thanks

davidmcn

gladrags22 wrote: »

Speaking to my solicitor, we can ask if they will take out an indemnity policy to cover us, should there be a problem with either of these. Is this right?

Yes, indemnity policies are available. Do you know how long ago the works were done? (and whether they were definitely done after the property was listed?) If particularly recent then cover may be more tricky.

She warned us that there may be some mortgage lenders that won't accept indemnity policies

I'm not aware of any which do as a matter of policy.

If we were to inform the council and ask for retrospective permission it would take months and probably be refused (meaning a permanent mark on the title)

Not "on the title", no. It would be on the planning records though.

Could we tell the mortgage company that we will cover any costs if putting things right?

It would only become a concern for the lender if they repossess - in which case they've probably given up getting any more cash from you, so no, that wouldn't really affect things. If however it's a relatively low LTV mortgage you're seeking they might be more relaxed about it (if they have any concerns about proceeding with insurance).

konark

Like for like repairs do not require Listed buildings Consent so the wall is probably ok.


As for the windows, you seem to think that double-glazing is banned in Listed buildings but I've been in plenty that have it (not PVC obviously). A lot can depend on the council's policy and the attitude of the conservation officer.



To be honest, if the local council will not permit double-glazing and expect you to live in some sort of 'museum of the 18th century' you may ask yourself if buying a listed building is a good idea at all.



You'll be beholden to the whims of the local CO, who may be totally unreasonable and will certainly know the most expensive way to do everything with your money, that's if they let you do anything at all. Whilst your neighbours are supersizing their houses, erecting all manner of eye-sores and carbuncles without let or hindrance under the name of 'permitted development' you'll be lucky if they let you put up a cup hook. Owning a listed building is quite onerous and a lot of people wouldn't touch one with a barge-pole.

Tom99

More of a problem if the windows are at the front where they are likely to get noticed.