I can’t believe my solicitor did this

[TipsyPeachSnake]

So I accepted an offer on a terraced house which I bought over 10 years ago. Double glazing was put in back then, similar to others on the street. However, it has now come to light that the house is a listed building and there is no listed building consent.

I could purchase indemnity insurance to cover this for buyer but have found out that my solicitor contacted the council asking for retrospective LBC!!

Because of the actions of my solicitor the council have been made aware of unauthorised work on the property which could potentially lead to significant penalties and loss of sale.

I’m shocked a solicitor acting on my behalf would do this. What can I do? Anyone had similar experience? Please, any advice would be appreciated.

I get what your saying but do you think there is genuinely a risk it'll be refused by the council?
Solicitors actions are within the law and to provide legal certainty that the work is authorised. I would think (hope) the conveyancer is so confident Retrospect consent will be given that they didnt see the issue here. What did they say when you asked them why/justify their actions?

To be honest I wouldn't buy a house that had an 'indemnity insurance policy for no Listed Building Consent as I understand that the policy will only cover the legal fees of any action and not the remedial work necessary.
(But I may be wrong)

Yes I understand some may not want to proceed unless they intended to do the work anyway, it’s entirely up to buyer what they do but I thought solicitors should be acting in my interest not making things much more difficult for me

They would have no idea if retrospect consent would be given as do not know what’s been done and I’m surprised they thought emailing the council asking for it is even a thing.

I'm all for preserving the original features of old/listed buildings @TipsyPeachSnake, but it does seem strange for your conveyancing solicitor to have done this!

I can't advise, but remember reading a thread somewhere else recently (think it might have been MSE) where someone was looking to buy a period house and noticed it was the only one in the street that had DG windows.

The potential buyer contacted the council concerned to check if the vendors had obtained any relevant permissions for these windows only to discover the property is grade 2 listed.

As a result, not only has the buyer walked away, but the vendors have been told they have six months to return the windows to single glazed as they originally were.

To make matters worse, the 'buyer' wasn't yet proceedable so there's a likelihood they wouldn't have gone through with the purchase anyway! I confess I'd be fuming if I was the vendor...and indeed, in your shoes too!

I think you've got a good point here; pretty shocking they raised a potential problem of this nature with the authorities.

It is shocking that the solicitor did this without specific instruction from you.
If you lose your sale I’d be inclined to report them to whichever governing body which represents solicitors.

Sorry if I have missed something here but how come you didn't know it was a listed building? You may have a case again at your original purchase conveyancing solicitors as well as the ones acting for you now.

If your solicitor did that without instructions then have a look at the initial info you got from them about complaints, contact the managing partner and start the formal process of complaints. You won’t now be able to get a policy.

This us what I was thinking too. Its also unclear as to when the double glazing was installed - eg by @TipsyPeachSnake or already there when she moved in. Could it be that the double glazing was put in before the building was listed?

Windows were put in after I bought but prior to moving in as there was some damage to existing ones. I assume the LB status would have been mentioned in legal paperwork at the time but it is not something I noticed and I was certainly not verbally informed of it. An online search shows it’s been listed for about 40 years.

Unauthorised works to a listed building are a criminal offence- that might be why your solicitor raised it? Also the new owners can be made to put them right - the liability would transfer to them.

have you done other work op? Even internal works such as replastering can need listed building consent.

ignorance isn’t a defence either I’m afraid.

They have to do what is right legally the law doesn't work about things being ignored because of who tjry are acting for

It is your house you are ultimately responsible to know certain things about your purchase and whether listed or not is a basic thing did you read everything you were given when you first bought the place and do your own investigations

It’s been listed for 40 years and you bought it after that? Either you or your original surveyor and solicitor missed it then. Your solicitor is duty bound to report illegality where they see it, it’s not personal, they are obliged. It’s totally crap if it wasn’t included in your purchase documents - in which case go after your original surveyor and solicitor. You can’t be cross at someone who doesn’t want to lose their licence to practise law and is acting appropriately. Direct your anger to the right place.

I would be furious too OP. They have gone way beyond remit.

It’s really odd that you weren’t made aware that it’s a listed building. I’ve bought two and it’s been plastered over the paperwork. And also a big topic of neighbour conversation - ‘how did you get permission for your extension’, ‘Do you think Joan at no7 is allowed that front door’ and so on.

I’d double check that it really is listed before you panic.

I’d be very upset at this too. They should have spoken to you first before proceeding to do this. I think you need advice from a regulatory body.

I would say that’s a breach of confidentiality and you should complain. There’s no obligation on your solicitor to inform the council without your consent.

@Arlanymor if in England, your comments are completely wrong. Please don't post unless you know.

If in England, the solicitor here is likely negligent, it's a very odd thing to have done unless OP had expressly instructed them to do so and even then the solicitor should have only done so after fully cautioning the OP on the implications of doing so.

OP you need to raise a complaint and progress it from there.

This ^

We too have bought/lived in a listed building (also in a conservation area) and agree that it's a popular topic of discussion amongst the neighbours.

For example, one house (not listed, but within the conservation area so still needs permission for changes to external features) had a new roof that wasn't slate as per the original. There was much muttering and gossip amongst the other owners regarding whether or not to dob them in to the conservation officer.

Also, ours was described as being Grade 2 in the advertising blurb online and the EA doing the viewing made it clear too.

Is it the same solicitor that acted for you when you bought the property?

(Try moving the thread or reposting in Legal, solicitors often comment there.)

I'm not in England, thanks for the hand slap.

Your windows aren't compliant with the listed status of your house. Either replace those or be ready to take a discount on the sale. There is a reason why some properties are listed...

Is it a legal requirement of your solicitor to do this?

No, there are very limited circumstances where you can breach client confidentiality and this wouldn’t be one of them.