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.

You are correct.
These insurance policies aren't worth the paper they are written on.
I've turned down several properties for that reason.

Absolutely incorrect legal advice throughout on this thread. I’m a lawyer. Law school 101:

do not tip off people if you intend to get insurance and
do not breach client confidentiality

my opinion is your solicitor is negligence and can be sued for the damages, being the losses you incur as a result.

There’s a lot of incorrect legal advice on this thread but this one is the worst 😂

But they’re SO confident, they must be right!

That is the case for 'normal' planning breaches i.e. building something without permission.

But this is a breach in listed building consent which unfortunately never become immune from enforcement action.

No obligation from them to report breach of listed building consent, nothing like that in the regulatory requirements otherwise conveyancers especially wouldn’t be able to practice most days! I would have been reporting myself to my insurers for contacting the council and preventing a policy being in place (although if the insurer will put one in place after 10 weeks that mitigates it somewhat)

There are definitely limitations to the cover, and for me the one that’s the biggest issue is for extensions without building consent. Consent is there to ensure something is built correctly. Insurance might help with loss of value if, for example, you have to demolish but it’s not much use if a doorway falls on your head. Although that can be mitigated by a proper inspection they aren’t going to uncover the foundations, beams etc.

Policies are useful if enforcement is very unlikely (for example it’s been a long time, and the council just don’t have the resources to enforce) to smooth the conveyancing process.

Urgh. What a horrible situation.
We were just in a "listed building" situation too. Found a lovely flat on the East Coast in a seaside Scottish town on the High Street, building from the 1800s.
Listed B, and in a conservation area.
The home report flagged up that the two front facing windows were rotten to the point that they could not be restored and would have to be replaced.
We got several quotes from specialists (luckily the seller had gone through all the preliminary consent and even had an architect draw up the plans which were all still available online).
For replacing TWO windows, sash and case, with NO interior work done to replace sills and frames etc.........20K.

It made it obvious why the seller had not taken the process any further and decided to sell up. I just pity anyone not as savvy as us to do some research buys the flat and is left with a massive bill, or doesn't anticipate the horrendous costs of repair to a listed building.
It's really put us off looking at older buildings like this. I really feel for sellers trying to sell listed buildings , and also buyers who don't realize the costs involved, especially with things like roofs and windows.

Negligent 😉

It may be that it wasn't something that could be addressed with an indemnity insurance, a workmate of mine was buying a bungalow when it came to light in a survey that the former widow had been done without building consent. He was told that he could use the room for storage but not legally as a bedroom - maybe it's the illegality that governs the situation. The home owner was deceased and he gave the family the option that they either had it revalued as a two bed rather than a three bed or he would bet a building officer in and if any work needed to be done the family would subtract it from the house price. They went for the latter and luckily the buildings officer happily signed it off.

I don't think all buyers are made aware about indemnity issues either, I moved last year and we had been here about a year when a letter came from the solicitor with an indemnity policy in it, we didn't even know what it was for so I had to go back through all the paperwork panicking thinking what's wrong with the house that we don't know about - it looks to be the garage as we have a seperate garage that the last owner had built after knocking down the previous one and he has built it a metre bigger than what is allowable to avoid applying for planning permission!

OP has been quite vague at crucial points in the narrative, not I think because shes dishonest, but because she found all the detail overwhelming when purchasing and now and expected others to do more handholding.

I think she says that listed status was in the small print but she didnt read it and it wasn't explained to her. She used passive language to describe how the windows were installed before she moved in, but doesn't directly acknowledge that she commissioned and paid for new windows and failed to do so legally. She says the new windows are 'wood type' - why not just say whether they are wood or wood-effect PVC?

OP, I do understand how overwhelming it all is and I can imagine myself in your position. But I do think this is a wake up call for you, regardless of what actions you take re the solicitor. Time to get your paperwork in order, read the small print, and get wised up on listed status. Best of luck.

I must have missed something here and am now confused as to how you wouldn't know you owned a listed property. Do you mean it is in a conservation area? if so that's relevant but very different.

If it is Listed, what other work have you done?

Indemnity insurances are a policy for the sake of it and not of any value to you or the buyer. Anyone that is buying your home will be responsible for ANY unauthorised work you have done. Your best option is to sell at a lower price to allow for this as it could cost them thousands. And it is enforceable.

Yes, odd your solicitor would contact the council, but if it's a conservation area request over Listed then that could be a sensible and efficient way to get the paperwork in order.

If it's listed then you need Listed Building Consent for anything you have done outside of a repair, and planning permission for anything that changes the fabric or structure. If, for example, you have painted it with Dulux or Farrow & Ball, that could be an issue as those aren't conservation paints and aren't breathable. Another example would be outside lighting. I you have added this without LBC then that needs removing. etc etc

It’s not a “potential problem” it’s a genuine problem that is potentially very costly. OPs solicitor needs the facts to advise and to satisfy questions from the buyers solicitor.

In a simiituation when I bought my house. My solicitor told me specifically NOT to contact the council on my own account , because it would alert them to any deficiency.

If the windows have been changed without LBC at any point, the current owner is liable.

It’s case by case not a right.
magnetic secondary glazing is cheaper and more effective and better for an old property anyway. That’s what OP should have done.

This shows how little you understand. If it is listed and you have done anything to it without LBC then you are liable and they will “be arsed” and should be. Properties are listed for good reason.

the only person at fault here is you OP. The solicitor had and has your back. If you want to go ahead with the sale, and honestly you’d be best out of this property, then agree a lower price with the buyer so they can attempt to “put right” the windows and any other changes you have made.

You are legally incorrect.

Seconding this

I can understand your frustration, and I think the solicitor should have contacted you before acting. But any competent solicitor acting for a purchaser is going to ask the question whether all LBC had been sought and granted for any work done. Better to find out now and deal with the issue than have a transaction fall apart later.

The transaction may be more likely to fall apart because of her solicitor’s actions.

I’ve been trying to make sense of this overnight. Here’s my take on it, and I suggest now is the time for you OP to be honest with yourself and your solicitor and the buyer.

1. you knew it was Listed but didn’t understand (or want to) the responsibility of that and ignored it.
2. you changed the windows, and other aspects of the property, without consent.
3. your solicitor has gone to the council portal to get a copy of the consents, because they have to provide them to the buyers solicitor, and couldn’t find them so requested a copy.
4. they have NOT applied for retrospective LBC as this would require drawings, sizes, materials, photos etc

point 3 is most relevant here as you are misleading anyone reading this AND yourself.

Time to be honest and face up to your actions.

The correct procedure would be to use the firm's complaint procedure fully before reporting to the SRA

I agree that the solicitor / trainee would not have applied for planning consent. At most they called the council to ask if you had PP. That in itself seems odd to me anyway as the planning portal is where you’d go for that information.

Based on what the OP has said it could be that the trainee called the council to ask if there was consent. Only the OP knows what’s happened and she hasn’t been back in a while!