Conservation Areas & Listed Buildings – What are they and how they can impact when selling and purchasing residential property.
Conservation Areas
Definition
A conservation area is an area designated by local planning authorities to be recognised for its special architectural or historical interest. Conservation areas are protected in order to preserve or enhance the appearance or collective character of an area. This can include trees, landscaping, certain building materials and street layouts. This is to protect the appearance of the area and ensure the historical significance is not lost or neglected.
Legal Framework
Conservation areas are governed by the Planning (Listed Buildings and Conservation Areas) Act 1990. This Act provides the statutory basis for planning control within areas of conservation, particularly section 69, which empowers local planning authorities to designate areas of special architectural or historic interest as conservation areas.
Local planning authorities will consider the architectural quality and impact of the area’s historic development when defining the special interest in a piece of land.
The Secretary of State can also designate conservation areas in special circumstances.
Implications for selling or purchasing a residential property
- A seller will need to disclose any planning history or restrictions.
- Homes in conservation areas can be valued higher than comparable properties outside such zones due to their preserved character.
- Conservation areas are often visually attractive and historically rich, and the area is protected from overdevelopment, which preserves its charm and appeal.
- There are tighter controls on alterations, especially to the exterior of the property, which would require permission. Any permitted renovations may require traditional materials and methods, which can be more expensive.
- An owner will not have full freedom to renovate or extend. Any changes must preserve the area’s character.
Listed Buildings
Definition
A listed building is one that has been recognised for its special architectural or historical interest and placed on the National Heritage List for England. Listing aims to protect buildings from changes which impede the importance of the building or its setting. Buildings which are less than 30 years old generally do not qualify for listing.
Grades of Listing
Listed buildings are classified into three grades to reflect their significance:
- Grade I Buildings of exceptional interest both on an architectural and historical scale
- Grade II* Particularly important buildings of more than special interest
- Grade II Buildings of special interest
Buildings can be selected for multiple reasons, including but not limited to:
- Architectural interest: outstanding design or craftsmanship.
- Historical interest: connection to important historical events or figures.
- Age and rarity: generally, the older and rarer a building is, the more likely it is to be listed.
- Group value: buildings that form part of an important architectural or historical group.
- Character or appearance of conservation areas: a building may be listed to preserve the appearance of a conservation area.
Legal Framework
Listed Buildings are governed by the Planning (Listed Buildings and Conservation Areas) Act 1990. Under section 1 of the Act, the Secretary of State is required to compile or approve a list of buildings that meet the criteria for special interest. A listed building includes structures, erections, and objects fixed to it or that form part of the land.
Implications for selling or purchasing a residential property
- A seller will need to provide evidence that any alterations or repairs were done with Listed Building Consent. Lack of documentation can deter buyers or be detrimental to the sale. Buyers also need to be aware of this if they are planning to make alterations to the property. Even minor works can require consent.
- A seller will need to disclose the listed status and any relevant planning history to show that any work was authorised. A buyer will want to ensure they check this, as they would inherit the liability to rectify once completion has occurred.
- Regular upkeep of the property is essential. Neglect or unauthorised changes can reduce marketability or lead to enforcement action.
There are consequences if an owner of a listed building does not comply with the legal framework. There include:
- Criminal prosecution: carrying out unauthorised works is a criminal offence. The penalties include an unlimited fine, taking into account any benefit derived from the unauthorised works, or in more serious cases a custodial sentence of up to two years can be imposed.
- No limitation period: there is no statutory time limit for enforcement action or prosecution in respect of unauthorised works to a listed building. Liability can attach to current and future owners, regardless of when the works were carried out. This is particularly important for any prospective buyers of a listed property.
- Strict liability: the offence is one of strict liability. Lack of knowledge or intent is not a defence, except in very limited circumstances.
- Impact on the property and owners: the costs of rectifying unauthorised works can be substantial. Unauthorised works can adversely affect the value and saleability of the property, and insurers may refuse cover or impose higher premiums where unauthorised works are identified.
Conclusion
O’Donnell Solicitors would be able to assist a buyer or seller of a listed property or a property in a conservation area. We are experienced solicitors who can:
- Navigate and investigate the status of the property.
- Advise on listed buildings consent.
- Conduct thorough due diligence to ensure that all necessary permissions have been obtained.
Please do not hesitate to get in touch with us at enquire@odonnellsolicitors.co.uk or via telephone at 01457 761320.
