Listed Building Consent - property

[MahMahMahMahCorona]

Just a question:

Friends are selling their home (grade II listed building) - there's a garage in the garden built in the 1980's.

The buyers solicitor is kicking up a fuss as no one can find the listed building consent paperwork - they've got full planning permission but the garage itself, although it falls within the curtilage of the property, doesn't have LBC.

Can I suggest their solicitors look at getting an indemnity policy to cover this? Is that the only thing they can do, or is there a less expensive route they can follow?

Listed building consent is only needed for direct physical works to a listed building. If it's not attached to a listed building then it wouldn't have needed LBC, just planning permission.

Solicitor clearly doesn't understand the process if they are insisting on it!

The problem is that for lack of listed building consent, there is no time limit for the council to decide to take action, and the costs of putting things right can be high.

If they’re buying with a mortgage, they’re likely to need an indemnity policy. On the plus side they’re not normally too expensive, on the downside they are basically pointless (other than for getting your mortgage approved).

Sorry just realised you said friends are selling - same problem though, the buyers will just need to get an indemnity. Indemnity for lack of LBC definitely does exist.

Thank you that is very helpful - indemnity policy it is, at least it might speed things up finally!

The other thing to check is the date of listing (should be on the description). Lots of buildings listed in the 1980s, could the garage have been consented and built before the property was actually listed?

Thanks @OliviaBenson - good point - I have asked the question.