Buying a property in a conservation area

When you are looking to move home, you'll have drawn up a list of the key things that you want from it. The obvious ones are the number of bedrooms and the size of kitchen, bathroom and reception rooms, along with the size of the garden and how energy efficient the property is.

There is also the question of location and, quite apart from the decisions that need to be made about proximity of key transport links, amenities and schools, you'll probably also be thinking that it would be perfect if you could move the family into a ‘nice' area.

And this is where homes in conservation areas are often favoured over those properties that are located elsewhere.

Conservation areas were created by the Civic Amenities Act of 1967, with the old town section of the market town of Stamford in Lincolnshire the first location to be granted the status. 

In nearly sixty years since that milestone, there are now almost 10,000 locations designated as ‘conservation areas' by the local councils, which are responsible for managing that designation and protecting them from proposed changes.

The Government's definition of a conservation area is a location that is desirable to preserve or enhance the character or its appearance. Specifically, these are usually historic town centres and cities, rural villages, model housing estates, and historic industrial areas (such as mining or fishing).

It is the responsibility of the local council to agree the details of the conservation area as well as defining the limits of its reach. These criteria are used to decide whether any planning applications affecting anything within the conservation area can go ahead, require modification, or are simply refused.

The limitations on what you can do to a home that is in a conservation area really depends on the reasons why it is in a conservation area to start with, and why the local authority has designated it as a conservation area.

Historic England, the public body that oversees help and guidance for people to protect England's historic environment, suggests that your first step is to contact your local authority to find out the information regarding the conservation area:

• when it was created
• the boundaries of the conservation area
• the purpose for designating it as a conservation area
• and the details of any legal protection that apply to it

Most rules governing planned changes to a home in a conservation area concern the outside of the building. Additional planning controls designed to protect and maintain the local history and special architecture may be in place, and there may be restrictions that apply on any trees growing on the property.

Restrictions on what you can feasibly do when planning work to the property may cover:

• replacement of external doors
• replacement of windows
• repainting external woodwork (e.g. window frames or doors) an unusual or non-standard colour
• alteration of gutters and down-pipes (including the colour and use of materials)
• demolition of part or all a building
• cutting down, topping or lopping any part of a tree within the boundaries of the property or overhanging from neighbouring properties (the local authority will assess the importance of the tree under the provisions of the conservation area designation and create a Tree Preservation Order (TPO) if one is not already in existence)
• Permitted Development, which will have different rules from the standard allowances, such as:
• two-storey extensions
• addition of dormer windows
• application of any form of cladding to the external structure (stone, plastic, timber, etc.)
• controls on permitted materials to be used
• limitations on change of use (e.g. changing the lower floor to a retail outlet)
• side and roof extensions
• alterations to the roof
• addition of new outbuildings, sheds, and other buildings
• outdoor swimming pool
• installation on the front or sides of the property that faces or is visible from the road, including chimneys, vents, heating flues or any other ways of altering the façade
• installation of television or radio aerials or satellite dishes on any wall or part of the roof that faces the road
• fitment of solar panels on the roof parts that face the road
• replacement or building of walls and fences bordering the property

This list is by no means exhaustive and, even if something you are planning to do is on this list (or it's not), if you are in any doubt then contact the local planning department for guidance on the next steps you need to take.

It is also worth pointing out that the restrictions aren't in place to ensure that nothing changes. The purpose of the planning rules is to verify that any planned changes are sympathetic to the character and significance of the area to protect its original intent as a conservation area. This is why talking to the planning department is so important before you start any work, so that you know what is required.

Note that, should you go ahead with any work that might contravene the planning restrictions, the local authority are within their rights to legally enforce an order to return the property to its original state, which may be costly and time-consuming.

Unlike most other aspects of the homebuying process, there are no straightforward facilities that allow you to verify whether a particular property is within the boundaries of a conservation area or not. Even the local authority searches performed by your conveyancing solicitor may not reveal whether the home is within a designated conservation area.

As Historic England advises, try looking on the local authority's website to establish what their coverage of conservation areas are and where the boundaries are. They will usually provide maps that detail the conservation areas from which you can establish the location of your prospective property.

Note that a local authority may have different rules for each of their conservation areas, so what applies to one of them may not necessarily be required for another. 

The local authority's website should list all the requirements with respect to any changes to a property within the conservation area designation.

If you are looking for the right property to buy, this will also help to understand what your budget will be for maintenance, repairs, and any future projects that you are considering.

If a property is designated as listed, there will be even greater restrictions applied on what can be done to it and everything within its boundaries including gardens, outbuildings and temporary structures - and that may include what can be done to the inside of the property as well as the external aspects.

There are three designations of listed building: Grade I (the highest), Grade II* and Grade II (the lowest and therefore the least restricted of the three). According to Historic England, 92% of all listed buildings fall into the Grade II category.

You can find out whether a property is listed here.

Your property may not be given listed status nationally, but your local authority might have it listed locally - this information can be obtained from the local authority.

The principal point to consider is that breaking the rules of the planning requirements is illegal under the provisions of the Planning (Listed Buildings and Conservation Areas) Act 1990.

As such, any contravention of the planning requirements will usually result in legal action being taken by the local authority, which might simply mean retrospective planning be applied or a fine, or you might need to pay for the property to be returned to its original state and condition. In the worst situation, you might be punished with a prison term of up to two years.

It therefore makes sense to cover all the avenues and verify what you need to do if you are thinking of making any external alterations to a property in a conservation area before you start.

Historic England provides the best advice for anyone who is thinking of making any kind of alteration to the outside of the conservation area home or in its grounds.

There are ten steps:

1. Understand why the building is special - this is the key to the process advancing smoothly. Asking the question why the home is in the conservation area, and why the conservation area is in place will help to understand the importance of it and where your property fits within that ideal.
2. Understand the character of the area - the conservationarea designation is not only about the buildings within it, but also the feel and overall character. This means that not only should you think about the impact of any planned structural changes, but also to look at how the rest of it looks (what estate agents refer to as “kerb appeal”), with emphasis on the use of planting, fences and the materials used, for example, in the driveway. It is always a good idea to look at what other homes in the area have done so that your plans help to conform with the general feel and character of the area.
3. Carefully consider the detail of the alterations - if your plans are sympathetic to the conservation area, this will help the planning department at the local council to make their decision on granting or denying the application. The design of any changes will therefore be critical, and how that enhances the character of the conservation area is important to its success.
4. Review the Planning Authority's Conservation Area Appraisals - a Conservation Area Appraisal is an assessment by the local authority to identify what is the special aspect about the specific area. This will highlight key features, which can help you in your planning for change to ensure continued contribution to the characteristics that define that conservation area.
5. Establish whether the building is locally listed - there may be a reason why only the property is of particular significance, while the area is not designated as a conservation area. It is worth checking with the local authority as to whether the home is an asset of heritage or significant importance.
6. Obtain planning permission - Heritage England offers information on heritage consents and how to go about them, but, if you have established that your property lies within the boundaries of a conservation area and are planning on doing work that affects the outside of the property, contact your local planning department to discuss them and identify if planning permission is required. If it is, you must obtain the permission before work starts; otherwise, you may fall foul of the process, and it could cost you to revert the building back to its previous state.
7. Obtain consent for demolition - if your plans include demolition of part or all the property - and that may well encompass garden walls, fences, gates, and gateposts - you must obtain the necessary permission before undertaking the work. As with the planning permission, it is a criminal offence not to obtain the necessary permissions before starting the work.
8. Check the local Article 4 Directions - An Article 4 Direction is an addition to the types of alteration that the local authority requires planning consents for, which adds to the reasons for protecting the local heritage and prevents changes that detract from the purpose of the conservation area. As well as understanding the details of the conservation area and its purpose, you should look at the council's website for the constraints as well as the list of Article 4 Directions that apply to it.
9. Obtain consent for alterations to any trees - If you are planning on removing, lopping, pollarding, or doing anything else to a tree planted on your property in a conservation area (or if the tree overhangs from a neighbouring property), you'll need to request consent for the work from the council, giving six weeks' notice. However, if the work is a necessity because it is otherwise going to cause a risk to the property itself or human life, you can expedite the work by contacting the local council for emergency concession. Talk to a reputable tree surgeon for further advice on TPOs and how to go about dealing with the trees on your property.
10. Perform regular maintenance - not only will a well-maintained property be more attractive to future buyers, but it keeps the costs and budget under control for the time you are residing there. In addition, managing the remedial and maintenance activity ensures that you are keeping up the appearance that makes the original purpose of the conservation area so important.

Buying a property in a conservation area may not be for everyone, but it can be a desirable choice. And, when it comes to selling such a property, analysis shows that there is usually a significant premium added to the asking price of a property in a conservation area against a similar one that is not.

If you are looking at buying or selling a property that is in a designated conservation area, there will be additional legal work, and you'll need the skills and knowledge of an experienced conveyancing solicitor.

The experts at Homeward Legal are well-versed in all aspects of the conveyancing process, including the purchase and sale of listed properties and those located in a conservation area, providing a quality conveyancing service at a fee that is excellent value for money!

Call  to get your conveyancing quote started, or to discuss your concerns with your plans to purchase or sell your next home.