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.

When you purchased the original solicitor should have prepared a written report on title whether labelled as this or simply providing the relevant details in a letter.

I had a similar situation where the solicitors I used for purchase failed to pick up that building regs consent had not been granted for flat conversion. It did take about 2 years ro go through retrospective consent and about £4k work needed doing. I was fortunate in that I wasn't selling (it came up on remortgage). However the Solicitors who admitted their negligence reimbursed me all costs of application for retrospective consent and the building works. Apparently once the council is notified you did (at that time) need to get retrospective consent and could not rely on an Indemnity policy. I am glad you may be able to access indemnity if the council fails to act within 10 weeks but for many councils planning is a "big" issue and with LBC even more so. What a pain in the arse. How will this unsupervised trainee's action affect any house move you had in mind. Have you calculated what other financial loss you may benout to as a result of their actions?

The solicitor requested a copy of the consent which they need to provide as part of the conveyancing. the buyers solicitor requires this. It’s possible the solicitor then asked if retro LBC could be applied for or the process for that. That’s working for your clients best interests and understanding what needs to be done and what doesn’t to sort this out. That’s a client conversation and a further one with the buyers solicitor to discuss the best way forward.

The solicitor has not applied for retrospective LBC. LBC is a detailed application that the solicitor would not be able to complete.

Thanks to all who have responded, offered advice or shared their experience. Particularly to the solicitors / lawyers or those in the know who have corrected a couple of posters who consistently post misinformation or incorrect legal advice...I am grateful to you all, it has been very helpful.

To answer some questions: No, the property was not advertised as a listed building when I bought it and it is not advertised as a listed building in the current sale particulars. Estate agents are not aware. I do know some of the neighbours to say hello / have a quick chat to and the subject of listed status has never been raised in conversations ever. It is a small one bed terraced house in a conservation area and the whole street along with some neighbouring streets also have listed status. Some properties have had replacement doors or windows etc. over the years. I’ve never thought anything of it. The houses are not all identical when it comes to doors / windows, as different materials and colours have been used on some. It’s quite possible that the windows I replaced were put in prior to listed status, which may explain why LBC was not needed on them, but I really don’t know at this stage. A couple of posters who can’t believe I didn’t know house was listed and one even accused me of lying!! This is ridiculous, me not knowing if it was listed has no affect on councils decision anyway.

Also for those asking, it was the buyers' solicitor who discovered the property was listed - not my solicitor. I had provided FENZA certificate for the replacement windows and they queried if I also had lbc for them. Through my solicitor I answered that I didn’t have Lbc. I assumed at this point buyer would then need to make a decision i.e choose to drop out, ask for price reduction or go ahead with indemnity policy. I heard nothing for a week or so until my solicitor sent me an indemnity policy asking for my agreement to it. It was on the policy I noticed there had been contact with the council but it didn’t state who had contacted them. Thinking it might have been the buyer I rang my solicitor to find out. They were a bit vague about it at first but I now have the emails between them and the council. They had actually emailed the council to explain I was selling, what the buyers solicitor had found, and would they therefore issue a retrospective LBC!!!! As another poster mentioned, asking for a retrospective LBC requires an application, plans / photographs and details of materials used, none of which my solicitor had, was aware of, or had asked me about. It seems so naive they thought they could ask the council to simply issue me one. The council basically told them we don’t just ‘issue’ LBCs. Trainee clearly knew nothing, a search on the council website site would have told them this.

Fortunately I am not in a chain as I am currently living in other accommodation tied to work. As previously mentioned I’ve raised my concerns with solicitors and wait a further response from them.

I will update again if there is any further development as I know some will be following. It’s a slow process though so may be a few more months to go.

Thanks again to everyone for your help.

Thank you for coming back.

You say that it’s quite possible that the windows you replaced were put in prior to listed status which may explain why LBC was not needed. The listing description would usually identify them so that should tell you if they were in situ or not. Also it will give the date the property was listed (lots were during the 1980s). Note though just because something isn’t mentioned on the listing description, doesn’t mean they aren’t covered by the listing.

I still don’t think legally you can indemnify against a criminal act. Please also be aware you may be asked what other works you have carried out. That’s internal too - even replastering can need LBC.

The solicitor clearly did wrong and doesn’t understand the process. But I would get specific advice from a heritage specialist on all of this too - no solicitor would know enough.

If you really didn’t know that the building was listed during your purchase then the solicitor you were using at the time is the one in the wrong ultimately. As you’ve said, it’s the buyer’s solicitor who found out that info presumably whilst carrying out searches - your solicitor when you bought should have been able to find out the same information. Have you been in touch with them?

Oh and no other work done to house. The buyer has had full survey and no further concerns raised.

Thanks for coming back with such a comprehensive update and good luck OP

Thanks for update OP. From the info you have summarised it seems to me that the property may be locally listed building? Can you confirm this, as makes a difference as to what resolution (if any) may be.

Although I appreciate that information does not answer the actual question of your thread 😂 as to the solicitor’s action in contacting the council.

Just so you are fully understanding of this for “anything else” the survey wouldn’t highlight issues, that’s not their job. The conservation officer will pick up on anything when they visit. Please be honest and open with them about anything you have done and get it sorted and agreed. If you have changed anything at all (other than furniture) inside that needs LBC. Eg a flooring or a door etc

If they don’t visit and subsequently your buyer wants to do any work he will be liable to rectify anything you have done without it.

This x

Once your solicitor finds something illegal he has to report it, they are bound by rules. Sounds like they did the best they could for you to bring things into legality.

What is “locally listed”??

Update:

The house has sold!

Buyers solicitors accepted indemnity and no price reduction was requested.

Complaint about my solicitors handling of the sale and not acting in my best interest was upheld. They waived all their fees plus paid an additional amount as gesture of goodwill.

Thanks to all who offered advice & support…hope you have a lovely Christmas.

Great news. Would you mind saying how much the gesture of goodwill was? Was it hundreds or thousands?