Failure to get planning permission in a conservation area

[kirinm]

Google suggests it’s a criminal offence but practically what steps would you need to take to resolve it? Apply for retrospective permission?

We are looking at a house in a conservation area that have converted the loft and put in skylights but no evidence of PP. It is a renovation job so not bothered by it’s obvious non compliance with Building Regs as we’d rectify.

It is a great house and I doubt many people will be aware of the lack of planning permission until the conveyancing starts - I just overthink everything all the time so checked the planning portal!

Are you needing a mortgage?

Yes, apply for retention. But be aware that you might not receive it. Friends of ours in a conservation area (not UK, so rules may vary) applied for retention for an altered gate, were refused, and were told they were required to remove it. You’re potentially flagging yourself to your conservation officer.

It’s conservation not listed?

We are in a conservation area and there is guidance on what you can and can’t do but other than getting building regs and making sure it’s done correctly you don’t need to do anything?

are they selling as a bedroom or loft conversion?

it’s not different to a normal area, as long as the front door isn’t painted bright pink etc in our area it’s more about the external aspect, if they have out UPvc windows in a thatch etc.

If it's been there long enough then it's legal.

I live in a conservation area and just looking out of my window now I can see upvc glazing (dodgy), solar panels facing the road (definitely listed as a must not), and a tree with a TPO that was chopped without planning permission. Some councils just aren't that bothered.

Worst case scenario you could have to take the windows out of the loft conversion or more likely, replace them with a more traditional style. Are there other houses nearby with loft conversions
?

@MyPresumablyScrotum is right thought. Some councils don't care. Probably depends on whether the neighbours are reporting people who break the rules or not.

Would it definitely have needed planning permission? We live in a conservation area and have a loft conversion with Velux windows on the rear elevation, i..e. not visible from the front. We didn't apply for planning permission. I'm moderately certain we checked the local council website to make sure it didn't.

On the other hand, when we had the sash windows at the front replaced with custom-made double-glazed new windows (wooden frames), we did need PP (easily granted). The residents' association locally is very hot on reporting infringements that come to their notice.

(The windows cost an arm and a leg but it was worth every penny as they have cut out so much noise and draughtiness. Our heating bills have definitely gone down since having this done.)

You need planning permission to replace windows (we had to have it to install new sashes) so I’m pretty sure street facing skylights would require an application.

to answer a few other questions:

Some streets permit loft extensions - others don’t. I’ll need to check this road.

Theres no doubt it doesn’t comply with Building Regs.

yes we would need a mortgage. Its configuration is very odd so while it is very much the size of a 4 bed, it’s currently only got 2 beds. It’s 2000sq ft though so hopefully a lender would lend.

The estate agent told us the loft conversion was done 7 years ago.

This sounds like our conservation area. The skylights are front facing which i think is why it would definitely have needed a planning app.

We needed an application to prune trees in our garden and they didn’t even have TPOs!

If the works are done 7 years ago, they should be immune from enforcement action now, even in a conservation area. Pre March 2024, councils had 4 years to bring enforcement action against unauthorised works - it increased to 10 years last year but only for works completed after April 2024.

Thanks for that, that is very useful.

Planning Solicitor here - If it has been there for more than 4 years prior to 25 April 2024 it's immune from enforcement action by the Council.

However, to protect yourself I would get the seller to apply to the Council for a Certificate of Lawful Existing Use ("CLEUD") before completion and I would make completion contingent on receiving an approved CLEUD from the Council.

If it was built last year they could apply for retrospective planning permission, this can take months. There is a risk it wouldn't be granted, a refusal for retrospective permission could be appealed, but an appeal would take 6+ months - a year+.

If it was completed last year, for instance, it wouldn't be immune from enforcement action. There is a risk the Council could serve an enforcement notice, which would mean turning it back to how it was before. Failure to carry out the works specified within the enforcement notice is a criminal offence and could result in prosecution in the Magistrates Court, which can result in fines and / a prison sentence. I say this not to scare you just to provide clarity and the seriousness.

Good luck. Make sure your conveyancer obtains specialist planning legal advice when they do their due diligence. A lot of them dabble in the planning bit themselves, and then come unstuck later on, then it lands on my desk. 🙄

The loft conversion itself doesn't require PP, assuming you are in England?
The by-products of the conversion can sometimes require PP eg dormers, hip-to-gable alterations, roof lights. You only mention roof lights so I assume no other alterations?
Unless the Conservation Area has associated Article 4 restrictions imposed by the Council, (these can remove standard permitted development rights), the provision of roof lights can be pd in a CA.
Class C development - any other alterations to a roof- (IE not enlargements), allows roof lights as long as they don't protrude more than 15cm from the roof slope. There is no restriction on which roof slope they are inserted into even in a CA.
It is quite possible that the work didn't require PP. You would need to check the scope of any Article 4 direction for this particular CA to confirm.

I just sold a house in a conservation area and I was certainly asked to provide evidence of permission for all alterations as part of the conveyancing process. The house was also a leasehold and also needed evidence of permission from the leaseholder for everything. For the one thing I'd failed to get (driveway leasehold permission - but council and conservation was in place) it was dealt with via an indemnity policy. My guess would be that if it's outside the 4 year window @helphelpimbeingrepressed mentions above, your solicitors will probably ask the vendors to buy an indemnity for it and the sale will proceed on that basis.

We are in a conservation area (article 4 not applicable, and building not listed) and are currently replacing windows. When I initially made enquiries to council planning about 5 years ago when we were considering a heritage UPVC in a different colour, I was told on the phone ”just don’t go crazy, no bright pink”. Checking again this year, even though we are now replacing like for like wooden windows, they recommended a Lawful Development Certificate which we have put in place.

Only mentioning this as an example of how things have changed locally here. As a buyer (and future seller) these things make me nervous, so I can appreciate your diligence.

I would be interested to know how you get on - wishing you best of luck.

Loft conversions don't need PP (even in a conservation area). In most cases you would need to use 'heritage' roof lights (which are lower profile) but as long as you do that it is permitted development. Obviously you need to meet building regs to call the space living space.

We are in an Article 4 area and there is a very active conservation group who have objected to most applications on some basis or another. I’ve seen an objection on one road to street facing skylights and that app got rejected - because there was no precedent on that street.

This is a potential planning breach. I would negotiate 2-4% discount as this will come back at you at next sale except if you rectify, which would involve stress and risk of refusal. Everything has a cost.