Buying Property in a Conservation Area

Purchasing a property in a conservation area can lead to a number of considerations, implications and possible restrictions and buyers should be aware of these before initiating the purchase process. There are likely to be more planning controls for properties located in conservation areas, and this may be a dissuading prospect for some house buyers.

The following article explains the considerations that should be made by people who are buying a home in a conservation area including what is meant by a conservation area, what living in such an area may mean and potential penalties for not observing the regulations of living in these areas.

What is a Conservation Area?

Local councils have the authority to designate specific areas of land that hold special historical or architectural interest as ‘conservation areas' as per Section 69 of the Planning (Listed Buildings and Conservations Areas) Act 1990. There are no fewer than 8,000 conservation areas throughout England alone, and they include parks, greens, buildings and street furniture such as benches and rails.

Properties in Conservation Areas

It is not always obvious that a property is located in a conservation area and this information is not always provided at the initial viewing of a home for fear that it might put off some potential buyers. Those looking to purchase a property are able to confirm whether it is situated in a conservation area by contacting the local authority or through an inclusion on the draft contract that is received by the conveyancing solicitor once the purchase process begins.

In most circumstances, the seller of the building will fill out a Property Information Form, and this will be included in the property contract. The contents of the form include boundaries, who is responsible for the upkeep of the boundaries and any work that has been carried out to the home previously. There is also a section of the form which specifically asks the seller to confirm whether the property is located in a conservation area.

As additional security and confirmation, the conveyancing solicitor will also arrange searches on behalf of the buyer, and theses will reveal whether the property is positioned in a conservation area or not.

Potential Implications of Living in a Conservation Area

Buyers who are considering purchasing a property that is located in a conservation area should make thorough considerations regarding the possible implications and restrictions that will be imposed on them and the property. This includes the need for additional consent should the owner want to make changes to the property, which can cause inconveniences, time delays and additional expense.

Some of the most common situations where additional consent will be needed before changes can be made to a property include:

• The installation of solar panels or satellite dishes to the home
• The removal or pruning of greenery such as trees
• Removal of parts of the building including outhouses
• Replacement of windows, doors and guttering
• Extending the property, such as building a conservatory or extension. Such plans would go through normal planning permission processes as well as additional analysis to check if the planned work is in keeping with the area.

Penalties for Breaching Conservation Area Demands

If an individual initiates changes to their property in a conservation area without having secured relevant authority beforehand, their actions will be unlawful. It is therefore imperative that any homeowner with a property located in a conservation area discusses plans to change their home with the local authority or a conveyancing solicitor before beginning any works in order to determine their legal standing and ascertain what permissions need to be sought.

Prior to an exchange of contracts for the sale of a property in a conservation area, the lawyer will review any work that has been previously carried out on the home and will secure consents from their local authority before the sale can be considered as legally binding. This will mean that the new buyer can not be held accountable for potentially illegal works completed prior to the house sale. Such illegal work will be considered as a criminal offence which is punishable by a maximum prison sentence of 2 years as per Section 74 of the Planning (Listed Buildings and Conservation Areas) Act 1990.