Do your homework before buying a listed building
Listed buildings can be desirable places to live. But, according to Sussex solicitors Adams & Remers, they could also prove costly if you don’t do your homework before moving in.
“If you find out that the property you wish to buy is listed,” says Suzanne Bowman, solicitor at Adams & Remers, “it is essential to carry out a number of checks before you complete.”
Firstly, you will need to find out when the building was listed and confirm that any alternations undertaken since then have listed building consent. These alterations, ranging from major extensions to new outbuildings, will usually show up in your solicitor’s local searches or a full survey report.
“It is amazing,” says Suzanne Bowman, “how many listed building owners have a cavalier attitude to listed building consent. They don’t seem to think it’s important despite the fact that, under the Planning (Listed Building and Conservation Areas) Act 1990, they could face fines or even imprisonment if the local authority finds out they have carried out building work without permission.”
If you discover alterations without consent in the property you wish to buy, ideally the seller should be asked to put it right at their cost. If they will not or there is not time, the next step is to ask your surveyor to value the cost of either gaining retrospective consent or, if that isn’t likely, altering the property back to its original state. This estimated cost could then be held back from the price you are paying for the property until the work has been done.
“Local authorities have the power to ask for alterations to be put right in listed building regardless of timelapse and who actually made the alteration and fines can be levied for non-compliance,” says Suzanne Bowman. “So, if you want to avoid a huge bill, and potentially a criminal record, always make thorough checks before you move in.”
To find out more about the law affecting listed buildings, contact Suzanne Bowman by email at: suzanne.bowman@adams-remers.co.uk