Legal Q&A: can I change a window in a listed building without planning consent?

We're dealing with a sale of a listed house where the vendor has changed a window. The buyer's solicitor says the seller should have got consent, but the seller says it was not necessary. So what happens now?
    
Merrily Harpur
Fiona McNulty11 February 2017

QUESTION: At the estate agents where I work we are dealing with the sale of a listed house where the vendor has changed a window. The buyer’s solicitor says the seller should have got listed building consent for the new window but the seller says it was not necessary as it was like for like. The seller’s solicitor seems to have gone quiet for the moment and, it appears, is unable or unwilling to sort out the situation. So what happens now?

ANSWER: A listed building consent is only needed if the proposed works affect the significant architectural or historic importance of a building.

If replacing the window had this effect and was done without proper consent, it would be a breach of listed building control. The buyer would be vulnerable to any listed building enforcement action taken by the local council over the work, and the seller, as the person who either carried out the work or caused it to be carried out, would have committed a criminal offence.

If a listed building enforcement notice was served, the buyer, if they failed to comply, could also be guilty of a criminal offence.

Generally, regular maintenance that doesn’t affect the character of a listed building can be carried out without the need for listed building consent. Replacing the window on a strictly like-for-like basis would probably not have required it, but if, for example, the glazing was changed, say from single to double, or the size of the frame or glazing differed by even a few millimetres, consent should have been obtained. It is always prudent to consult your council for guidance before starting works.

If the seller cannot provide written confirmation from the planners that listed building consent was not necessary, consider requesting an indemnity policy for the lack of it.

WHAT’S YOUR PROBLEM?

If you have a question for Fiona McNulty, please email legalsolutions@standard.co.uk or write to Legal Solutions, Homes & Property, London Evening Standard, 2 Derry Street, W8 5EE. We regret that questions cannot be answered individually, but we will try to feature them here. Fiona McNulty is a legal director in the private wealth group of Foot Anstey.

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