Conservation area - new roof

Chacha17

The house in question is in a conservation area but is not a listed building. Some buildings in the road are but not this one. When it was bought it needed a new roof and the council's building inspectors visited whilst under construction to ensure that everything was constructed correctly and provided a certificate once finished. The owners were told it didn't matter which tiles were on the roof as the house wasn't listed. The roofing work was carried out. It's now come to a point and for personal reasons the house is being sold. The buyers will not accept an indemnity insurance to cover the work. They require the sign off for the house by the conservation team. I've tried to phone the council and every section within the department refers you to their website and I cannot see an answer to this query not speak to anyone. Can anyone give me an answer as to can this be done and is it possible to get retrospective sign off by the conservation team? What sort of figure might that be? Thank you

user1977

Did the work require planning consent?

Chacha17

No. It purely needed building regs.

user1977

https://forums.moneysavingexpert.com/discussion/comment/81870486#Comment_81870486

So ask the buyers to justify their demand? The planners can't "sign off" something which didn't need their input.

Isn't your solicitor helping you with this?

Section62

"The owners were told it didn't matter which tiles were on the roof as the house wasn't listed."

Who told the owners that, and did they put it in writing?

Section62

https://forums.moneysavingexpert.com/discussion/comment/81870493#Comment_81870493

They could provide a certificate of lawful development - or refuse to issue one because the work isn't development as defined in the act.

But I'd be surprised if a homeowner was given free choice to replace the roof of a house in a conservation area with whatever they want to use.

Chacha17

user1977 Thank you for your reply. The buyers solicitors have asked for the conservation sign off - they have advised the buyers not to go for an indemnity insurance. I would guess it's because they want to ensure there is no come back in the future. It seems that the seller's solicitors can't deal with this, I don't know why. Can solicitors gain further information from the conservation dept without compromising their situation?

Section62 This is useful too. The tiles were suited to the house and not anything out of character. My understanding is that the building regs person said they could use the tiles of their choice as the house was not a listed building. Does it mean that living in a conservation area even if your house is not listed, you still have to comply as if you were?

The problem is also that there is no way to talk to the planning/conservation dept to clarify setting about a certificate of lawful development. I assume that an email to the council is the only way of getting an answer.

Section62

This is useful too. The tiles were suited to the house and not anything out of character. My understanding is that the building regs person said they could use the tiles of their choice as the house was not a listed building. Does it mean that living in a conservation area even if your house is not listed, you still have to comply as if you were?

The problem is also that there is no way to talk to the planning/conservation dept to clarify setting about a certificate of lawful development. I assume that an email to the council is the only way of getting an answer.

Building Control officers shouldn't be giving planning advice… for the very reason they could get it wrong.

What you can and can't do in a conservation area depends on the specifics of each case. Some conservation areas are more restrictive than others. Usually there will be a Conservation Officer (CO) assigned to the conservation area, and generally CO's are more accessible than normal planning officers. You could try contacting the council and asking who the CO is, but be aware contact with the council will probably rule out getting an indemnity policy if the buyer changes their mind about accepting one.

Albermarle

Does it mean that living in a conservation area even if your house is not listed, you still have to comply as if you were?

Not really - for example in a conservation area, there might be a restriction on not using PVC windows or doors at the front of the property, or painting the walls in only one specific colour etc. However there may well be no restriction, what you do inside the house, whereas with a listed building there would be.