Buying a property in conservation area, England

JonMitchell

Hi 

Saw a property of interest within a conservation area in England with a converted loft to bedroom and the windows changed to uPVC double glazed. Have checked through the local authority planning website for past planning application but not available for the loft conversion or the changed uPVC windows.

If I were to go ahead with an offer, what can be done with the seller? Get an indemnity insurance or retrospective application with the council by the seller? 

Anyone with past experiences of such, would be good to hear from you.

Thanks 

theoretica

When was the work done?  If it is 'historic' planning permission can't take action. 

However, you may need planning permission - and may not get it - if in future you want to replace the uPVC windows with identical but newer uPVC windows, or indeed anything other than going back to the original style wood.

JonMitchell

The property is a probate, the deceased executor (deceased adult children) claimed they do not know when the loft was converted nor when the uPVC windows changed.

uPVC windows - I am guessing it is fairly recent as the streetview on google is showing they still have the single glazed sash windows but now it is uPVC. Obviously uPVC double glaze is preferred but without the granted permission, I am concern it will affect selling in future.

user1977

Were the works done over a year ago? Indemnity insurance should be readily available. I wouldn't dare try making a retrospective application - if it's anything like my neighbourhood, you may be caught in the limbo where you won't get permission, but the planners are also unlikely to pursue enforcement action.

daveyjp

There are conservation areas and conservation areas.  We live opposite one, you would never know as it looks to be fairly standard Victorian/Edwardian housing which were built in their hundreds of thousands.

Owners fit uPVC, change slate to roof tiles etc and its not an issue.  The Council even ripped up all the Yorkshire stone flags and kerbings, but it was deemed OK.

On the other hand you may be in a heavily protected area with listed buildings where even minor changes such as changing a front door may result in enforcement.

JonMitchell

user1977 said:

Were the works done over a year ago? Indemnity insurance should be readily available. I wouldn't dare try making a retrospective application - if it's anything like my neighbourhood, you may be caught in the limbo where you won't get permission, but the planners are also unlikely to pursue enforcement action.

Am waiting for the executors to exhibit any invoices for the uPVC but I suspect they are unlikely to find it....

So you reckon an offer on the table is plausible? I need to call the local council tomorrow to find out more.

user1977

JonMitchell said:

user1977 said:

Were the works done over a year ago? Indemnity insurance should be readily available. I wouldn't dare try making a retrospective application - if it's anything like my neighbourhood, you may be caught in the limbo where you won't get permission, but the planners are also unlikely to pursue enforcement action.

Am waiting for the executors to exhibit any invoices, but I suspect they are unlikely to find it....

Well, how long ago was the death? They might not have invoices, but I'd expect it to be a chunky enough payment to be obvious from bank statements.

JonMitchell

daveyjp said:

There are conservation areas and conservation areas.  We live opposite one, you would never know as it looks to be fairly standard Victorian/Edwardian housing which were built in their hundreds of thousands.

Owners fit uPVC, change slate to roof tiles etc and its not an issue.  The Council even ripped up all the Yorkshire stone flags and kerbings, but it was deemed OK.

On the other hand you may be in a heavily protected area with listed buildings where even minor changes such as changing a front door may result in enforcement.

It is only conservation area, I am not able to find any listed buildings in this catchment at all

canaldumidi

JonMitchell said:

user1977 said:

Were the works done over a year ago? Indemnity insurance should be readily available. I wouldn't dare try making a retrospective application - if it's anything like my neighbourhood, you may be caught in the limbo where you won't get permission, but the planners are also unlikely to pursue enforcement action.

...... I need to call the local council tomorrow to find out more.

Do NOT do this.

Notifying the council will invalidate any future indemnity insurance. That will reduce your options if you buy, and severely p*ss off the owners if you don't (as future buyers won't be able to rely on indemnity insurance).

Slithery

JonMitchell said:
I need to call the local council tomorrow to find out more.

If you do this then make sure you don't identify the property to them. If you do so then indemnity insurance is no longer an option.

Waunakee

Will depend on whether there is an Article 4 directive in place.

We changed draughty single glazed wooden frames to UVPC double glazing without the need for planning in a conservation area.The only constraint applied by the planning office was that the replacements were of the same design as the originals.All we had to ensure was that the new ones complied with building regs using a FENSA registered contractor.