Lack of listed building consent

[RemoteControlHeron]

We are currently in the process of purchasing a grade 2 listed property and it has been revealed that the conservatory does not have listed building consent. We are currently waiting for the vendors solicitors to send us details of indemnity policies. We really like the house but realistically we will have to apply for retrospective consent and likely have to replace it as it’s not in keeping. I don’t know how much success we would have in claiming on indemnity for this - has anyone been successful? Otherwise would we be within our rights to drop our offer? We currently have agreed 450k so not sure how much would be appropriate? Any advise gratefully received!

Indemnity policy is a waste of time. The pics will be on the listing and anyone who sees that, including the listed building consent people can report it and make you take the conservatory down. I would ask for the cost of reinstating it as it was to be taken off the house price. You may well not get consent for any kind of conservatory so if that is a sticking point for you, don't buy it.

Think indemnity policies are a waste of time. The liability will transfer to you, so theoretically you could be asked to remove and if you want again would need to apply which may or may not be granted. Our council is very understaffed for listed buildings so the chance they would do anything would be pretty much zero even if alerted but it may cause issues when selling. You could reduce offer and would need to be acceptable to both parties.

Indemnity is just another policy somebody makes some money on but is worthless to you. Don’t waste solicitor costs or time on it.
you won’t get retrospective permission, don’t waste money on that route either.

Is suggest once you own it you put in a pre-app with the local CO, this will cost a couple of hundred pounds, and get them out to talk through what’s what and what you may like to do and basically get there buy in to you as somebody that’s taken this on and wants to do it properly.

In theory they can enforce it to be changed, my recommendation is getting the relevant CO on side and showing intent to listen and work with them.

You do however need to budget for an enforcement. I think the challenge for you is to take down a conservatory and replace with an appropriate extension is likely to cost over £100k. Which in a £450k house is difficult to justify.

I would ask a surveyor re values if you have one you can chat too. They will know the difference in value.

Just reread my original post. I meant that the pics will be on the online sale listing on right move, so anyone will be able to see the changes. Not the actual listing for the building!

You can’t indemnify against listed building consent.

Unauthorised works to a listed building is a criminal offence. OP I would stay away from this property unless the vendors can get retrospective listed building consent for the works before you exchange. I would check if there's anything else that's been done which would need consent such as new windows/doors, alterations to any internal walls or fireplaces

You can’t indemnify against a criminal act. It will also need planning permission too.

as purchasers you can be made to rectify it. You should be dropping your offer. Do not accept a policy. It’s worthless.

As mentioned a lack of LBC is a criminal offence, and the responsibility transfers to the new owner of the property, so it doesn't matter that you didn't initially put it on there, you'd be responsible if the council decide to enforce against it. I wouldn't touch a listed property that had works undertaken without LBC with a barge pole, and I say this as a former listed buildings officer with much more knowledge of planning processes than the average person.

Thanks everyone. Unfortunately our buyers solicitor is being very obstructive and can’t see the issue. Indemnity policy would be invalid as there is a clause that states we can’t do any work to the property and if we do it is null and void. Solicitor keeps saying it’s over 20 years old so it won’t be an issue and doesn’t seem to get that there’s no timeframe with listed building consent! We’ve asked for a reduction in price which they are refusing so looks like we may have to pull out.

If it’s over 20 years old can’t they get a certificate of lawful consent?

Unlawful works to a listed building don't have the same rights to immunity as work that might require planning permission. It's a criminal offence and the liability goes with the owner even if they didn't do the work

It is a criminal offence, however you can get a certificate of lawful use on addition in place over a number of years. I’ve done it twice.

Yes you can to cover the the planning side only not the listed building consent. However you can apply retrospectively for listed building consent