Liability for wrong windows in conservation area

[gingerbubs]

Hi, not sure if this should be property or legal but just looking for a bit of advice.
We got our windows changed in October from old draughty faulty aluminium sash and case windows to upvc tilt and turn. They were the only window type we could really afford. We are currently trying to part exchange our flat for a new build and as part of the missives they asked for proof of planning permission for our windows. Turns out we are in a conservation area (Edinburgh flat) and should have applied for planning permission. We are now applying for retrospective permission but looking at previous applications I am sure we will be refused and told to change back to sash and case.
On the one hand, I know this is totally our fault for not checking about planning permission, but didn't even occur to us especially as there are other PVC windows and also a new build development going up. My question though is (finally)... Does the company that put in the windows have any responsibility/liability? A couple of people I've spoken to have said they do and I'm just wondering where we might stand?
Would be very grateful for any advice.

I'd be doubtful that the company has any liability- usually its set out in the small print that the onus is on the owners to check- and clearly in your case you didn't. I don't think you could argue that it's their fault at all.

Usually for flats you need planning permission for replacement windows and from the sound of it because you are in a conservation area it's likely to be refused? Perhaps in the mean time get some quotes for windows that would be acceptable and use that to negotiate as part of part exchange.

I agree that really the liability rests on you as the property owner rather than on the contractors who did the work. This tends to be the case in planning issues - the landowner is responsible.

I don't think that the company have any responsibility, unless you could prove that you went to them saying that you were in a conservation area and would like them to suggest something suitable and arrange permission.

I'm genuinely surprised you didn't know you bought in a conservation area. We've bought listed houses, in conservation areas and now in an ANOB (area of outstanding natural beauty). All these come with specific rules and guidelines, which were disclosed and explained by our solicitor.

I know we're south of the boarder, but would not your solicitor have done the same? Check your paperwork from the sale, perhaps this wasn't disclosed on your sale documents. As painful as it will be, go to your conservation officer and explain, there might be precedence for your windows if others also have them.

This will come up when you try to sell/exchange - best to get sorted now.

I am also surprised you didn't know. I have twice bought just outside a conservation area, and both times this has been double checked and made clear to us with the relevant evidence. If we lived in the conservation area we couldn't even paint the front door without permission.

If your solicitor didn't notify you that you were in a conservation area when you bought the flat you could potentially get some recompense from them to get the windows put right.

Not sure if this is useful or not as I practice south of the border (different statutory controls) however strict liablity for any work in conservation areas / listed buildings rests with the person who commissioned the work i.e. owner, landlord or tenant.

As an aside are the company FENSA registered or members of the GGF? If so they should have informed the local council of the work before starting and the building control section should have pointed out that oher consents may be necessary.

The GGF and FENSA often offer an arbitration service if the firm have not followed the guidance.

If they are not members did you obtain building regs aproval - in which case the above would apply but direct to you.

If no to all the above - you have another problem in addition to conservation area violations I'm afraid - i.e. contravening the building regulations as well.

Thanks for the replies. I know it's our fault really, we just totally messed up through complete ignorance. I don't remember the solicitor mentioning it being a conservation area but we were so excited about buying our first home I may just not have taken it in. I'll dig out the paperwork. We have already submitted our retrospective application and I have put forward a case that as there are already PVC windows we aren't changing the look of the area significantly. Unfortunately I don't think they will care about my argument. Don't think the other PVC windows have permission either. Very frustrating as if we do need to change the windows it will probably mean we can't buy the new house as will need to use some of our 10% deposit for windows. And it's all our own fault

Just had a thought though don't know if it's relevant. The alumninium sash windows surely weren't the original windows anyway. Would the originals not have been wood. Does this affect the conservation order. But I would imagine the aluminium ones were put in before the conservation order was put into place. Hope you get this sorted out.

Edinburgh Council listed our house long after we'd bought it, they may have sent a letter but it was so long ago I couldnt tell you.
The council website does have an link so you can check if you're in a conservation area or a listed building.
www.edinburgh.gov.uk/info/194/conservation_areas/692/conservation_areas/3
Its possible you are in a conservation area but not a listed building

I know from experience that some double glazing companies seem to be woefully ill informed as to what the planning dept will accept in a listed building.
I had one salesman telling me upvc would be fine
he also stated stuck on astragals would be fine
I'm sure he gave us such an inflated quote for wooden windows so we would think upvc was the only affordable option
We eventually went for a "local" firm who put in wooden sash and cash at over half the price we were quoted by the upvc salesman for his wooden option.