Chapter 4: Understand unresolved works and the response options

Listed Property Risk for Conveyancers0% complete · about 57 min left

4. Understand unresolved works and the response options

Page 1 of 3 · Old work is not automatically safe

Project moment

The seller says again that the extension and opening were there before they bought in 2014.

Your task

Understand why the passing of time doesn’t settle a listed building problem.

Use the Project Material on the right, then answer below. →Use the Project Material above, then answer below.

For this page

CASE CHRONOLOGY
12 March 1974 – house first listed, Grade II.
14 September 2006 – planning permission and listed building consent for a rear extension.
Unknown – extension built.
Unknown – kitchen/dining opening made.
2014 – seller buys the house. Extension and opening already there.
12 May 2017 – windows replaced.
2019 – boiler replaced.

Earlier project material

Listed Property File Note

18 Market Square

Stage 4 · Understand unresolved works and the response options

This stage’s entries appear here as you save each page. The record so far is below.

Earlier stages

Open — enquiries outstanding

Verified information: Portal shows two decisions for the rear extension, with an approved design.
Window invoice and certificate supplied. Check the address, what was installed and the dates.
Reported information and limits: No evidence supplied that the condition was met.
To establish: The full decisions, drawings and conditions, and any later approvals.
Whether the extension as built matches the approved design: for the buyer’s surveyor or a heritage adviser to check.
The design and materials of the replacements, any listed building consent for them (they were fitted in 2017, after listing), and any conditions.
The exact wording of the condition, when it applied, what was submitted, any approval, and whether the joinery fitted matches.
Advice and transaction implications: “There is a permission” doesn’t yet mean “what was built matches it”.
Building regulations evidence doesn’t answer the listed building consent question.
Specialist heritage advice: Ask a heritage adviser to compare the extension as it appears with the approved design, and identify the heritage implications, further evidence needed and possible next steps.
Send: decisions, available plans, condition wording, photographs, seller’s replies and the schedule of works.
Action owner, timing and outcome: Conveyancer to ask the seller’s conveyancer for copies of every approval the seller holds and, as older planning and listed building records are often not online, consider asking the council for its historic planning file for the property.
Conveyancer to ask the seller’s conveyancer for the full wording of the joinery condition, the details submitted to the council and any written approval of them, and report to the buyer what the papers show.
Buyer to decide whether to have the fitted joinery checked against the approved details. If they want it checked, flag it for specialist heritage advice.
Conveyancer to get the buyer’s written permission to share the documents with the heritage adviser, then agree the question, fee and turnaround with them before sending the referral.

Your initial view

Which advice is accurate?

The works are probably safe from action: they are likely to be more than ten years old, which is the planning enforcement period.The position was settled when the seller bought in 2014. Enforcement is aimed at whoever carried out the work.Old unauthorised works will have to be removed if the council finds them, so the buyer should budget for putting them back.Age alone settles nothing: there is no time limit on listed building enforcement, so you need to establish the history.

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4. Understand unresolved works and the response options, page 1 of 3: Old work is not automatically safe

1Project moment

Understand why the passing of time doesn’t settle a listed building problem.

3Your initial view

Project moment

Your initial view