Bi-Fold doors in conservation area

andyward82

Hello. Over the past few years I have carried out a fair few improvements on my Victorian terraced house. The house falls within a 'conservation area'. Just over a year ago I installed some Aluminium Bi-Fold doors into the rear of the property. I was told (mis-informed) at the time that I wouldn't need planning permission or even permission from the conservation people as it's at the rear of the property and as long as the installers are FENSA approved it won't be an issue.

I'm now at the point of trying to sell my house but it's being flagged up that I should have gained permission from all the relevant bodies so I'm in something of a pickle.

Does anyone else in here have experience in this kind of thing. I understand in hindsight I should have contacted everyone in advance and made sure it was all agreed but I took advice from a vastly experienced builder and home rennovator and thought he gave me would be good but it seems not.

I'm reluctant to go to the council to get some kind of post-install permission as they're almost certain to decline it as they seems to do everything 'strictly to the book', however there isn't a single house down my street that has adhered to the 'conservation' rules. A quick look at all the uPVC windows down there confirms this (they're all supposed to be timber).

Anyway, can anyone with direct experience in this kind of situation please tell me your stories? Just trying to weigh things up. At the moment to get the house through the sale I've offered a £5k retained deposit in case they make the buyer 'revert to the original state but can they do that on a non-listed house? Do these conservation rules only relate to the front of the property?

Can anyone think of a way I can get through this without risking my house sale? Is going to MK Council my only viable option?!

Aylesbury_Duck

andyward82 wrote: »

Hello. Over the past few years I have carried out a fair few improvements on my Victorian terraced house. The house falls within a 'conservation area'. Just over a year ago I installed some Aluminium Bi-Fold doors into the rear of the property. I was told (mis-informed) at the time that I wouldn't need planning permission or even permission from the conservation people as it's at the rear of the property and as long as the installers are FENSA approved it won't be an issue.

I'm now at the point of trying to sell my house but it's being flagged up that I should have gained permission from all the relevant bodies so I'm in something of a pickle.

Does anyone else in here have experience in this kind of thing. I understand in hindsight I should have contacted everyone in advance and made sure it was all agreed but I took advice from a vastly experienced builder and home rennovator and thought he gave me would be good but it seems not.

I'm reluctant to go to the council to get some kind of post-install permission as they're almost certain to decline it as they seems to do everything 'strictly to the book', however there isn't a single house down my street that has adhered to the 'conservation' rules. A quick look at all the uPVC windows down there confirms this (they're all supposed to be timber).

Anyway, can anyone with direct experience in this kind of situation please tell me your stories? Just trying to weigh things up. At the moment to get the house through the sale I've offered a £5k retained deposit in case they make the buyer 'revert to the original state but can they do that on a non-listed house? Do these conservation rules only relate to the front of the property?

Can anyone think of a way I can get through this without risking my house sale? Is going to MK Council my only viable option?!

What does your conveyancer say? You're paying for their expertise, so I'd be inclined to follow their advice. If they point you to the council, that's what you should do. Don't compound your first mistake by trying to wriggle around it, it could make it worse.

andyward82

Aylesbury_Duck wrote: »

What does your conveyancer say? You're paying for their expertise, so I'd be inclined to follow their advice. If they point you to the council, that's what you should do. Don't compound your first mistake by trying to wriggle around it, it could make it worse.

Well, the converyencor they sent round had no issues with it whatsoever. However, it's her solicitors who are kicking up a fuss and insisting on it. Even saying the indemnity policies we offered will not suffice...

I guess I'll need to go to MK Council and see if I can get them to be nice to me.

Aylesbury_Duck

andyward82 wrote: »

Well, the converyencor they sent round had no issues with it whatsoever. However, it's her solicitors who are kicking up a fuss and insisting on it. Even saying the indemnity policies we offered will not suffice...

I guess I'll need to go to MK Council and see if I can get them to be nice to me.

I meant your conveyancer (solicitor). What does s/he say about it?

andyward82

Aylesbury_Duck wrote: »

I meant your conveyancer (solicitor). What does s/he say about it?

They've not said anything other than forwarding my suggestions to the buyers' people. I'm going to go the council now, just to take control of things I think....

Doozergirl

If you look on the local authority website, there should be a guide to your specific conservation area.

It may well be that alterations at the rear of the house don't need permission - I wouldn't take the solicitor's word that they do. Solicitors are not trained in the intricacies of our planning legislation and often ask for things that aren't needed - this forum is full of it.

Yes, you should have checked properly initially, but it may well be fine. If it is, send them the link.

If you did need the permission, then you can buy an indemnity policy as long as you haven't spoken directly with the council about your house. There was no need for a retention. Has your solicitor forwarded that offer? they shouldn't have advocated it.

andyward82

Doozergirl wrote: »

If you look on the local authority website, there should be a guide to your specific conservation area.

It may well be that alterations at the rear of the house don't need permission - I wouldn't take the solicitor's word that they do. Solicitors are not trained in the intricacies of our planning legislation and often ask for things that aren't needed - this forum is full of it.

Yes, you should have checked properly initially, but it may well be fine. If it is, send them the link.

If you did need the permission, then you can buy an indemnity policy as long as you haven't spoken directly with the council about your house. There was no need for a retention. Has your solicitor forwarded that offer? they shouldn't have advocated it.

Yes we've offered that but her solicitor is flatly refusing everything we try.
I've had to bite the bullet and contact the council. Groan.

Doozergirl

andyward82 wrote: »

Yes we've offered that but her solicitor is flatly refusing everything we try.
I've had to bite the bullet and contact the council. Groan.

You're potentially going to screw yourself over here, or already have.

If you hit an impasse then you're better off pulling out than rendering the house unsaleable because of one hard-headed/misinformed solicitor. This is what you pay yours for - to fend off unreasonable requests and work around the reasonable ones. They should be protecting you!

TELLIT01

Doozergirl wrote: »

If you hit an impasse then you're better off pulling out than rendering the house unsaleable because of one hard-headed/misinformed solicitor. This is what you pay yours for - to fend off unreasonable requests and work around the reasonable ones. They should be protecting you!

The solicitor's role is also to ensure that the law is complied with and that nothing can come back to bite them at a later date. If the OP should have had permission to do the work then being ordered to reinstate is not an unreasonable request. If I was the purchaser I would want a definitive answer before signing on the dotted line.

Doozergirl

TELLIT01 wrote: »

The solicitor's role is also to ensure that the law is complied with and that nothing can come back to bite them at a later date. If the OP should have had permission to do the work then being ordered to reinstate is not an unreasonable request. If I was the purchaser I would want a definitive answer before signing on the dotted line.

No one has established that the law isn't being complied with. The solicitor needs to understand that every conservation area is different.

A link to an official document stating that the back isn't affected should satisfy anyone. No one needs to obtain written confirmation directly from the council for things they don't need permission for. I've only recently finished work on a house in a similar situation recently and the restrictions to Permitted Development only apply to the elevations facing the highway.

If the work isn't compliant, there is a simple solution. An indemnity policy would cover the cost of enforcement action by the council. That is what is acceptable to mortgage lenders. If you contact the council about the house directly though and the work is in contravention, it invalidates any indemnity policy, thus potentially rendering the house un-mortgageable.

If the doors aren't compliant AND a buyer still isn't happy then it is their prerogative to walk away or the OP's choice to undo the work completely, but rendering their house un-mortgageable is not a solution for anyone.

This is an incredibly common situation that any experienced solicitor should be able to deal with. The problems often seem to occur when people use cheap online conveyancing firms using inexperienced staff. The fact that this is continually being raised when there may not be a problem at all is shocking.

Fingers crossed the solicitor is just creating a storm in a teacup and the Article 4 does indeed only apply to fronting elevations.

greenface

I have done a few bits in a local conservation area . Have you taken down any external or part walls to make the hole bigger for the bifold to fit or was it that big . The rear of the houses by me (port sunlight) have been changed for upvc . some blocks can have a conservatory if it cannot be seen from certain angles and no conservatories if they can be seen from adjacent properties . Not properties next door though . some of the backs of houses have tall fences and some small so . different rules for different rows . If you have made the hole bigger without building regs could be a problem . without informing conservation another . if you've told building regs and been given the ok and not the conservation people then it may stand in your favour