On purchase of property and quite apart from all the standard questions that are raised by a buyer’s solicitors with seller’s solicitors, (I) Sharon Smith look at particular planning enquiries to raise, if you suspect that a property has been altered or extended since construction. It is always important to consider why or how a property may have changed and also, whether such alterations would have required planning permission at the time. Raising the right sort of enquiries is particularly important to avoid penalties which might come from breach of planning law. For example, the construction of new buildings, additions or alterations to existing buildings or change of use of a building (all generally known as “development”) often requires planning permission.

Planning considerations when buying a property, may include:

  • Have there been any alterations to the property?
  • Have any extensions been added to the property?
  • If so, did they require planning permission, and has planning permission been granted?
  • What kind of conditions did any planning permission refer to and have these been complied with?

With reference to listed buildings, it is very important to discover:

  • Is the property a statutory listed building?
  • If so, have any internal/external alterations been carried out to the property?
  • Have any extensions been added to the property?
  • Do these alterations / extensions benefit from the relevant listed building consents?

Having sight of any relevant planning permission, listed building consent or building regulation approval ahead of entering in to an agreement to purchase property may save time and disappointment during the purchase process, should it become apparent that there are works that do not benefit from the necessary planning consents.

If you are considering purchasing a listed building it is important to understand your responsibility in connection with works to the building. It is a criminal offence to carry out works to a listed building without the necessary consents. This relates to the interior and exterior of the building, including any later additions or curtilage buildings, walls and garden structures. Even works such as the exterior painting of the building, the insertion of new windows, including double glazed units and replacing floor boards may require listed building consent. If these kinds of works have been carried out without the necessary consents, the local authority can take enforcement action, which can in the worst cases, result in prosecution.

When considering whether to bring a prosecution, the local authority will need to consider all parties who have been involved in the work to the listed building, which could include window manufacturers/installers, builders, project managers, architects/agents as well as the property owners. The local authority can also serve a Listed Building Enforcement Notice as well as or instead of, bringing an action for prosecution – this is dependent on the severity of the works and whether or not the unauthorised works are reversible.

If the works were carried out prior to the current ownership, it will be necessary to demonstrate this to the local authority, should it become aware of the unauthorised works. If this is the case, then it would try to work with the current owner to remedy the breaches. This could prove costly for the new owner if the works to remedy the breach are substantial and tricky to undertake.

If you require further information on the above, please contact us by calling 01206 700113 or email [email protected].