Buying a home with missing LBC

[Laura1]

I posted a query a while ago about buying a Grade II listed property and got some great advice - thank you all It was still an 'in theory' enquiry at the stage, but has now become a lot more real as I have found a house I would like to offer on.

I've had a search around on the local authority planning portal and it would appear that the apparently fairly recently installed windows and front door of the cottage do not have LBC. They are timber and visually in keeping with the style of the property, though the windows have slim double glazed units. A further trawl through a load of other planning applications in the same area suggest that if consent had been applied for it would likely have been granted. There are four properties on the row and they all have different windows and doors so there doesn't appear to be much history of strict enforcement from the conservation officers. This seems to be fairly typical across the local authority area which has a lot of relatively cheaply priced listed buildings, many of which I assume are lived in by people who don't have massive budgets for conservation works.

I have some budget for restoration and maintenance and my interest in taking on a listed building is about conservation rather than wanting to modernise or renovate so my concern is really about potential legal difficulties regarding unlawful works. Would it be wise to ask the vendor to confirm they had LBC and ask them to apply for retrospective consent if they don't have it as a condition of offer? If I don't do this, is it something that is likely to come up at conveyancing stage anyway?

 

[88v8]

Your solicitor is likely to ask the vendor to tick the box that says they had permission for any works requiring LBC.
What you do then is up to you, your solicitor can only advise - you decide.

When we bought our cottage there were some works with no permish, I decided I wasn't bothered. As you say, if things fit in there is unlikely to be retrospective enforcement for minor works on low-value properties. Different if it were an extension, or plastic windows, or GII*.

If you really want the house, then this could be a bargaining point on price.

Ivor

 

[MikeG]

As Ivor said, this is what you pay solicitors for.

 

[Flyfisher]

I agree with all of Ivor's points, but would also add one other.

There's a relevant discussion here, https://www.periodproperty.co.uk/forum/viewtopic.php?f=1&t=16321, in which Gareth Evans (a former conservation officer) stated that "LBC is only required for works which would affect the character of a listed building as a building of special architectural or historic interest. . ". It's generally accepted that LBC is not required for like-for-like repairs, which is clearly consistent with Gareth's point. So, if a rotten window is replaced with new one of the same design and materials then it could be classed as a repair and also argued that it hasn't affected the character of the building.

The risk, of course, is that different people may have differing opinions of what affects the character of a listed building. Also the original rotten window might have some significant history associated with it, making it of special interest even in its dilapidated state. So while LBC may not be required for some works, there is some risk of a disagreement with the current CO, or even a future CO, whereas if LBC is granted then there can be no such disagreement, now or in the future.

The OP states that the replacement windows in this case are DG, in which case it would be easy to argue that the work was not a like-for-like repair, but does it pass the "Hughes Test" of not affecting the character of the building in terms of its architectural or historic interest? I've no idea how such a case, if it came to legal action, might be decided - probably massed ranks of expert witnesses on both sides arguing their case - but I'm certain it would be stressful for the OP so something to consider.

If I were a betting man then I'd go with Ivor's assessment that enforcement for such minor-sounding works would be unlikely. But even if there was a successful enforcement action, what's the worst that could happen? Replacement of a few windows? In which case, knock £10k off the offer price to cover such an eventuality :wink:

 

[Laura1]

Thanks everyone for your replies. You've all confirmed my thoughts and I've made an offer on the property that takes account the missing consents. Fingers crossed!