How do I make sure that the kitchen extensions in the listed homes have the correct approval?

I have purchased the listed properties and would like to make sure that the recent kitchen expansion has been done with proper approval.

How can I confirm this and protect myself in this regard? LP

Before purchasing a limited-time property, please confirm the correct consent to see if the renovation work has been done.

MailOnline property expert MyraButterworth replies: Before purchasing a property for a period of recent kitchen expansion, you need to make sure that the relevant consent is required.

This is because you take responsibility for any fraudulent work done by the vendor.

Ultimately, this risk can be completely eliminated by undoing the work done (if possible) or by retroactively applying for consent to expand the kitchen.

There are compromises that may be made, including considering compensation insurance that covers you and your bank against the cost of fixing unauthorized changes.

And if you are a cash buyer, you can decide to continue on the basis of accepting the risk of lack of consent.

Vanessa Rhodes of Kingsley Napley LLP said: If you’re looking to buy a home listed, it’s likely to be a unique and interesting property full of personality. You are correct that being listed means that you have additional control over all the work on the property.

England’s National Heritage List protects buildings of special architectural or historical interest that are considered to be of national importance. This means that all work on the dismantling, modification, and expansion of the Listed Building requires the consent of the Listed Building.

Local planning authorities approve the construction of the listed building. If construction affects the appearance of the building, a building permit may also be required and must be applied for at the same time.

For example, this may include building extensions or installing new windows or doors.

Below, Vanessa covers what you need to know:

How can I be sure that I have the required consent?

Instruct a professional heritage surveyor to confirm the property and confirm the consent of all plans and listed buildings for the property to ensure that the correct consent has been obtained.

This can be done in addition to conducting regular building surveys, or some investigators can do both in a single survey.

The heritage survey needs to clarify whether the kitchen expansion has been approved and what to do if it is not.

You can hire a heritage inspector for the same fee as a regular building inspector in a single survey, but in many cases the client will direct one in addition to the building inspector and is usually a bit cheaper.

Heritage Surveys also provide historic and heritage conservation advice to assist buyers in charge of the actual care of historic buildings.

Your lawyer will review the search results for the real estate municipality. This reveals all permits obtained from the real estate local planning authority.

We also contact the seller to see if they have the proper consent and if the terms of consent for the listed building have been lifted or if there are ongoing conditions that are being followed. confirm.

Your lawyer and heritage investigator will also check to see if work was done before the building was listed. In this case, there is no problem because the consent of the designated building is not required.

Why is checking important?

It is essential to check if the previous owner has obtained the relevant consent in order to take responsibility for the unauthorized work done by the previous owner.

Given that there is no time limit on enforcement measures, it may be necessary to revoke changes at any time in the future. Therefore, in practice, you may need to “undo” or change the kitchen extension without approval.

This can be costly and can undermine the value and enjoyment of the property and should be carefully considered before proceeding with the purchase.

It is also a criminal offense not to seek the consent of a listed building when needed.

The biggest penalties are two years in prison or unlimited fines. Not knowing that the building is listed or claiming that the work was done by the previous owner is not a defense against a criminal procedure.

Your options as a buyer

As a buyer, you need to consider the extent of your liability before proceeding with your purchase.

If construction is done on the property without proper consent, or if you violate the terms of consent of the listed building, you need to consider the extent of the violation.

A heritage surveyor will usually guide you on whether you can obtain consent for a retroactively designated building for a breach and which breach may be a problem.

If the kitchen expansion is not approved, there are many things you can do as part of the communication process to reduce the stress and anxiety about consent and ultimately protect yourself.

The way to completely eliminate the risk is to undo the changes (if possible). Alternatively, you or the seller may retroactively apply for consent to expand the kitchen.

You can choose to negotiate a conditional contract with the seller. This stipulates that the purchase of the property will only be completed if the seller has retroactively agreed to extend the kitchen.

Most sellers hesitate to agree to this approach in order to draw the attention of local planning authorities to the issue if they fail to apply for retroactive consent. Change.

Alternatives include negotiating price cuts to cover costs and the hassle of getting retroactive consent for post-completion extensions.

Price negotiations must include awareness of the fact that the buyer accepts the risk of lack of consent and the associated responsibilities.

If you are a cash buyer, you can decide to continue on the basis of accepting the risk of lack of consent.

However, if you have a mortgage, your bank will require you to take out compensation insurance. Compensation insurance covers you and your bank against the cost of fixing fraudulent changes.

Compensation insurance policies need to be discussed with a lawyer, but often include a clause to revoke insurance when seeking consent from local planning authorities for future work.

For example, if you make changes to another part of a property and request consent, this can invalidate the policy.

There are several custom compensation policies that can work around this issue, but these policies can be costly or significantly exceeded.

Another factor to keep in mind is that if the kitchen expansion is carried out without proper consent, you will address this issue as part of a future sale of the property unless you and the seller can resolve the issue. It means that you have to. Currently by removing or adapting the changes or obtaining retroactive consent.

How do I make sure that the kitchen extensions in the listed homes have the correct approval?

Source link How do I make sure that the kitchen extensions in the listed homes have the correct approval?

Back to top button