UK Landlord Forum / Life

Ok, here's a hypothetical question, and I'm hoping someone can shed some light on the issue.

If I purchased a listed building, and then 2 years later found out that the previous owners had made modifications to the property without getting permission- how can that type of situation be prevented? For example, is there an independent body/organisation that I could have used to check a listed building for that kind of stuff before purchasing?

Does anyone know anything about this area? Any kind of info would be much appreciated!

Can anyone clarify whether a local authority search would flag this issue?

From what I'm aware of, a Local Authority Search only checks for proposed changes in an area, and not the existing status of a house.

The search looks for planning proposals such as new roads, changes to road layouts, building developments in the vicinity etc. It could also warn you of extra planning restrictions that might lay ahead e.g new home might become a conservation area.

Is that true? Or does it also look for issues with existing changes?

Can you prove the modifications were made 2 years ago? Not since your purchase?


V

Hey V. Good to see you active again

I never thought about that factor. Assuming I could, could anything be done to protect me?

My main question is, should the local authority search pick up on the unauthorised changes?

Good to be back.

I would guess no official search would pick up on these changes, because they weren't official changes. If they had been attempted "officially" they would've been rejected (because of the listed status) and never happened.

My suggestion would be to contact the surveyor who evaluated the property, as a modification inconsistent with the listed status is something they should have been able to easily identify.

The reason behind my question of proof over the timing is that if you're going to make waves, you need to make sure someone can't accuse you of making the changes yourself. Two years is quite a chunk of time. They might just assume you've moved in, made a change you wanted to but knew wouldn't get through the planning process and are now trying to retroactively get it "approved" or accepted as part of the property.

V

Quote from: vwilson on April 14, 2008, 01:20:20 PM
Good to be back.

I would guess no official search would pick up on these changes, because they weren't official changes. If they had been attempted "officially" they would've been rejected (because of the listed status) and never happened.

Well, that's not for sure. Because they may not have been rejected if they went through the proper procedure.

It's just interesting that there's no official search that would have picked up on something like that. Seems like there is no consumer protection.

So i'm guessing it's not up to the local authority search to pick up on something like that?

Ok, lets start from the beginning.

The previous owners made changes without permission - so there will never have been any official documentation relating to the changes, because they never applied for planning permission. Nobody is going to have any record of it, so its impossible to put any checks in place - local authority, planning department etc.

The only way the changes can be identified is either by some kind of documentation left by the previous owner, somewhere in the building - or by a surveyor identifying that changes have been made since the building was last assessed for its listed status; those changes may or may not be contrary to guidance, but they would not have had permission either way.

So there is consumer protection - the surveyor. Nobody else looks around the house, and there's no papertrail.


V

Oh yeah, that's all cool. But I was just wondering if there was any kind of search that would have came up with the problem before purchasing. I got this email from someone, and I wasn't sure of the answers myself...

Quote
Hi....wonder if you can help as having lots of sleepless nights!!
We bought a listed property in 2002 and it has just come to light that the windows did not get listed building consent and we are being told by local authority that we are liable.  Surely unauthorised listed building works should have been picked up by our conveyancing solicitor as the details were on our house file but weirdly don't seem to have come up on the Local Authority Search.  Is this something that they should have picked up on and made us aware of?  Your help would be much appreciated as I don't know if the coucil should have told us as they were aware of these windows or the solicitor....help!!!

Thanks a million,

From what I'm aware of, the seller of a property has to declare any alterations including new windows in the property information form. The buyer's conveyancer should then see these answers and request the appropriate building regs, planning and guarantees. So in theory a buyer should be aware of these things without having to commission an additional search. But beyond that, I'm not entirely sure where the current owner stands legally...

I wonder what "details" were in the house file ... sounds like it would be worth your correspondent seeking alternative legal advice regarding liability of the original conveyancing solicitor. Apparently there are lots of conveyancing solicitors getting their fingers burned at the moment, I've heard exchanges are taking twice as long because there are so many cases of negligence being filed at the moment everyone is on their "best behaviour". If there is proof the work took place before the purchase I'm not sure how the council could possibly hold the current owner responsible.

Well, it could be like when you buy a second-hand vehicle which has driving parking tickets attached to it. The new owner inherits the problems...