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Buying in a conservation area

Buying in a conservation area has advantages and disadvantages - find out all about them here.

Buying in a conservation area


Properties in conservation areas tend to be good-looking and in attractive neighbourhoods, and many people find that they are worth the restrictions and maintenance costs. However it's good to understand the limitations of living in protected areas before you buy property there, so you can be sure it's right for you.

What is a conservation area?

Section 69 of Planning (Listed Buildings and Conservation Areas) Act 1990 gives local councils the power to designate spaces as Conservation Areas if they believe they are ‘areas of special architectural or historic interest, the character or appearance of which it is desirable to preserve or enhance’. This can be for buildings, history, architecture, layout or private spaces (e.g. gardens), parks and greens, trees or even street furniture.  

There are more than 8,000 in the UK, and in practice, many of them cover residential areas. It may not be obvious that an area has been designated, or where the boundaries lie, although estate agents will usually include the fact if a property is in one.

Your conveyancing solicitor will provide you with more information if the property you’re buying is in a conservation area. They will highlight the restrictions when you purchase such a property, so it is important you commission a professional conveyancer for your house purchase.

It doesn’t end with designation

Once an area has been given conservation area status, the local authority develops and enforces policies to dictate how the desirable features of the area should be preserved or enhanced. As a result the policies will vary from one area to another, and can vary over time as new guidelines or restrictions are introduced (in consultation with local residents).

Your conveyancer will undertake a local authority search to inform you about any rules or restrictions that may affect the property. Find out about what the conveyancing searches are when buying a house for more information. 

What does it mean for the homeowner?

If your home falls into a conservation area, there will be restrictions to what you can do to it that will affect the outside appearance of the property. These restrictions will be particular to your individual zone, which will have its own character. Because of the restrictions, any improvements, extensions or repairs you make are likely to take more time, involve more paperwork, and cost more money.

Preserving the appearance

Naturally, if you are attracted to a property in a conservation area, then you are unlikely to want to do anything which would be detrimental to the overall appearance of the neighbourhood. Far from feeling compromised by the guidelines, you may welcome them: after all, given nearby homeowners are subject to the same rules, the whole area maintains its special character, which benefits all. 

Living in a conservation area can offer a friendly, welcoming local feel. Being in a neighbourhood that is a part of history brings with it community spirit, with all residents taking pride in maintaining a historic area of Britain.

Preserving the value

Not only do the guidelines preserve the character and appearance of the properties, homes in a conservation area also retain their value, even during economic downturns.

Home buyers often state original features as one of their priorities during their house search. When you come to sell your home, the preserved characterful features in your property, and in the buildings in the surrounding area, will ensure your home is always desirable to house hunters, and will achieve a premium price.

Substantial alterations

Generally, you will find that you may not be able to substantially alter the appearance of your home. Not only are you likely to face problems with planning extensions or other significant works, but relatively minor changes may also be disallowed.

For example, if you were planning to convert the loft, it is possible you would not be allowed to insert Velux windows into any part of your roof visible from the street. (If you can see other such windows in the neighbourhood, they may well have been installed before the restrictions came into effect).  

The general idea is that any changes made should be ‘in keeping’ with the character of the area. If you commission a Chartered Surveyor to undertake a Building Survey, they will be able to inform you of necessary considerations should you wish to make any small changes.

Repairs

Even essential repairs to the existing fabric of the house will have restrictions as to the design and the materials used.

For example, if you have to replace rotten window frames (even though you are not changing the size or position of the windows) you may find that you can’t use UPVC, or double glazing.  

Similarly, if your windows or front door originally had stained glass, you may have to keep it or replace it with an approved design, and if your boundary wall needs to be repaired, you will have to use bricks of the correct style.

Trees and gardens

Another generally applicable restriction in conservation areas concerns trees, which are usually given blanket protected status. This means that you may not remove any trees on your property without permission. Similarly, many conservation areas do not allow the conversion of front gardens to hard standing for cars. 

Exceptions

It is not impossible to achieve exceptions to the rules. Obviously, a case can be made, for example, for the need to fell a particular tree, and the council will send a representative to assess whether permission should be granted. 

Your surveyor will investigate the a number of the trees and plants you can find in gardens, and will inform you if they are causing any structural damage or pose a danger.

Expert help

Most of the guidelines are open to interpretation, especially since they often concern matters of taste. If you are planning something it pays to check in advance (guidelines should be available on council websites). 

It can help to use experts with local knowledge. Architects who have dealt with the specifics of your conservation area, your council, and property lawyers may also help you to make your case, or to fight it should you wish to appeal a decision.

The rules can be strict – it is not unknown for people to have to undo the work they have done, replace the new roof tiles or demolish the new porch – so the outlay for expertise could well save you time, money and aggravation in the long run.

Getting permission for small building work can be a straightforward process, so with the right advice from a professional conveyancing solicitor and surveyor, you shouldn’t be discouraged from continuing with your purchase of a property in a conservation area. The rules are, after all, in place to protect the unique beauty of your local area.

Updated April 2020

 

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