Buying in a Conservation Area

Sumner73

Hi, I'm after some advice...

I have recently sold my house and completed the sale just before Christmas.  As my purchase property still had a few points to iron out (and the solicitors closed for Christmas), I have temporarily moved in with my Mum (so that is myself, 2 boys part of the time, dog and cat!).  Some 5 weeks later there seems to be 3 outstanding points with one I am unsure how we can resolve - or quickly resolve..

The property I am buying is in a conservation area which I knew, and was confirmed on the searches.  It has had a lot of refurbishment work internally (as it is 140 years old), new doors and windows (like for like to the previous style), and Velux windows have been installed into the roof.  This has all been completed with building inspection and sign off through the project.  So the question is asked as to whether Conservation had been engaged in the works and signed off.
The answer from the seller is unfortunately no, having been stuck in loopholes before between building regs and conservation with conflicting requirements proving lengthy to resolve, they haven't been engaged.

To try and move things along, I had applied for an indemnity policy; but it has been declined due to the recent nature of the works.  This has been fed back to the seller; and I would like to understand what he makes of this - as I don't think it is just my solicitor that would pick up on this as an outstanding requirement, and would be a situation he would face anyway from any other buyer.  I am still waiting to hear what he would like to do about this.

Is there anything I can do here?  I am desperate to move to my new house; but feel trapped in a situation that is out of my control or could take months and months to resolve.  Would my mortgage offer be likely to be declined if this was an unanswered/unresolved point - or if I were to apply for retrospective planning from Conservation myself; is this likely to satisfy them or be a waste of my effort?  Do I have any options here to be proactive, or am I at the whim of others?

Help!

Thanks

GDB2222

How recently was this work done?

I live in a conservation area, and you can get some idea how pernickety they are from the design guidance here:
https://www.hgstrust.org/your-property/design-guidance.shtml

Round here, Velux windows are a complete no-no, and they'd make you take them out and reinstate the roof - with old tiles, although they are hard to find and very expensive. 

user1977

Has anybody confirmed whether the works actually needed planning consent? Each conservation area varies in what their exact requirements are.

Sumner73

I think there is a resistance to ask that question as the seller didn't want to know the answer.  His previous experience is within the same conservation area and although the Velux was allowed; it had to be flush with the roofline and with opening restrictions - whereas planning wanted it to open fully as a fire exit, as it was suitable in the position).

The works were really recent - house finished in December

user1977

Sumner73 said:

I think there is a resistance to ask that question as the seller didn't want to know the answer.  His previous experience is within the same conservation area and although the Velux was allowed; it had to be flush with the roofline and with opening restrictions - whereas planning wanted it to open fully as a fire exit, as it was suitable in the position).

Aren't there guidelines accessible to all rather than a requriement to ask the planners the specific question?

Sumner73

user1977 said:

Sumner73 said:

I think there is a resistance to ask that question as the seller didn't want to know the answer.  His previous experience is within the same conservation area and although the Velux was allowed; it had to be flush with the roofline and with opening restrictions - whereas planning wanted it to open fully as a fire exit, as it was suitable in the position).

Aren't there guidelines accessible to all rather than a requriement to ask the planners the specific question?

They are pretty vague.. as this is a loft conversion (hence the Velux); that would normally be covered as permitted development; and they simply state a conservation area changes 'permitted development' rights; and owners have an obligation to obtain permission for various types of façade changes..

dodo1990

We've just bought a house in a conservation area that has had the same sort of renovations you mention. It didn't come up as an issue anywhere for our mortgage, insurance or exchange of contracts. Maybe we or our solicitor missed something, but no news is good news to me! Who has asked the question - you or your solicitor? Conservation protection varies and is usually a lot less strict than Listed buildings. 

Sumner73

dodo1990 said:

We've just bought a house in a conservation area that has had the same sort of renovations you mention. It didn't come up as an issue anywhere for our mortgage, insurance or exchange of contracts. Maybe we or our solicitor missed something, but no news is good news to me! Who has asked the question - you or your solicitor? Conservation protection varies and is usually a lot less strict than Listed buildings. 

It is my solicitor that had raised this. I have asked them to approach the mortgage company to gauge what they are looking for - but not sure if that opens the can of worms! 🤷🏻‍♀️

babyblade41

I've lived in many conservation areas including my present one. Full planning granted for a large downstairs extension.

I've never found it restricting only planning is normally required most of the time .

Even our grade 2 listed & in a conservation area wasn't a problem for planning and it's never come up in selling