AIBU to be worried?

[Anxiouslywaitingfor]

Posted in property but no one answered so posting again here for more traffic.

I bought my flat 5 years ago, in a conservation area.

The windows were falling apart and part of the sales condition was for the vendor to replace the windows which he agreee to.

Recently a new neighbour moved in and informed me that my upvc windows were in breach of conservation laws and that she was going to file a complaint to the council if I didn’t replace the windows with sash ones fitting to the area.

I’m absolutely terrified that I”m going to be forced to replace the windows as I simply cannot afford to. I had no idea that the vendor had breached conservation rules and feel that I shouldn’t be penalised for his error.

I”d be very grateful for any advice on the matter from MNers who have knowledge in this sort of thing. TIA

Take out indemnity insurance

Speak to the solicitor that handled your purchase. There is no way that we can say one way or the other. If the vendor did something without correct permissions, they should have caught it.

What a mean person. Don’t underestimate how long you can stall and ignore the issue!

Yes, what a mean interfering busy body! Why would anyone do that to a new neighbou?

Check to see if indemnity insurance was taken out as part of the purchase.

This means if there was an issue the vendor would be responsible to pay for damages etc in the event of something going wrong.

Urgently get insurance and talk to your solicitor

You tend to need planning permission to change windows in flats as they aren't permitted development. Also the freeholders permission is usually needed. Plus conservation area rules too you could well be in breach.

Getting an indemnity policy won't be worth it if your neighbour complains to the Council.

Your solicitor should have advised you about all this? What paperwork do you have?

I don’t think I took indemnity insurance out at the time. The question is though it’s been so long, am I covered by some sort of statute limitation?

For planning permission it's 4years but I don't know in terms of freeholder permissions if that has a time limit.

Tell your nosy neighbour you can't afford to replace the windows. You might get some nasty letters from the council but what can you do if you don't have the money?

The lady who lives next to my mother has an enormous pine in her garden. The council has written to her umpteen times saying it needs to be cut down. She can't afford it so she doesn't do it. One day it will blow over, hopefully not onto my mum's house. The council don't have the resources to deal with it. It is sightly more complicated in this case as I have offered to pay for it but the lady also has mild dementia and says she likes the tree. But my point is the council won't do anything even when it's potentially dangerous, which windows that don't fit into the area are not.

Go to the Council, ask to make an appointment to speak to the Conservation Officer. That's all you need to do to get the facts. Not gossip. Do not, yet, waste time and money on legal eagle who will do the same. Do it as soon as you can to put your mind at rest, the chances are you're fine. Good luck.

You tend to need planning permission to change windows in flats as they aren't permitted development. Also the freeholders permission is usually needed. Plus conservation area rules too you could well be in breach. If it was the vendor who replaced the windows, then it was he that was in breach. In practical terms I don't know whether that helps.

In Conservation Areas they can't usually demand hat you upgrade, only apply conditions when you ask for planning permission (as you would have to for replacement windows). So if pvc windows were put in before the area became a Conservation Area, and you wanted to replace them, the Council would require you to replace them with whatever was appropriate. But if you then withdrew your planning application and stuck with the pvc, they wouldn't be insisting you upgraded (unless perhaps if they were so far gone as to be threatening the fabric of the building?).

But in OPs case it looks as if vendor breached rules by putting in pvc because building was already in Conservation Area. I'd be inclined to lie low, and just accept that windows would have to be upgraded when they finally needed replacing. Speaking to Conservation Officer just alerts them to the problem. And tell the neighbour that they were like this when you bought the flat. But this isn't advice, it's just what I'd do.

You can't take out indemnity insurance if you talk to the council. It's the golden rule. Take out some insurance. It will prevent you losing out if the council take enforcement action.

I would do nothing apart from get insurance (c£50) and wait to see what happens.