Buying a Property in a Conservation Area

Understanding conservation areas is essential for anyone considering purchasing property within them. Whether you’re a current or prospective property owner, it’s crucial to be aware of the specific legal considerations and restrictions that come with these areas.

What is a Conservation Area?

A conservation area is an area of special architectural or historic interest, the character or appearance of which it is deemed desirable to preserve or enhance.

You can find out if your property is in a Conservation area by contacting your local authority. Local authorities usually have a designated page on their website that gives more information such as: when the Conservation Area was created; the reasons behind it; how far the area expands; and the legal protection currently in place. If you haven’t bought the property yet, this will be flagged in the Local Authority’s Search Result.

Legal Considerations for Buying Property in a Conservation Area

Aside from getting to know your area, its history and overall character, there are some legal elements to consider when purchasing a property in a Conservation Area. This may affect your decision to proceed with your proposed purchase, depending on the plans you have for the property.

Conservation Area Consent

Conservation Area Consent is required when carrying out specific types of works in a Conservation Area. It is a criminal offence to demolish a building in a Conservation Area without this and there are other penalties for non-compliance. There are some minor works which are exempt from this consent and your Local Authority will be able to give further information in this respect. Conservation Area Consents are never made retrospectively so it is important to obtain the relevant consent prior to commencing any works.

Tree Preservation Orders

A Tree Preservation Order (‘TPO’) is an order made by a local planning authority to protect specific trees, plants, woodland areas etc. Your Local Authority Search Result will reveal whether there are any trees on your property covered by a TPO. If so, this will restrict your ability to prune or remove the tree. You would have to obtain the relevant consent from the local planning authority to do so. There are penalties for the contravention of a Tree Preservation Order. Trees over a certain size in a Conservation Area are automatically protected as if a TPO is in place. It is very important to give notice to your local planning authority before carrying out any works to a tree in a Conservation Area or affected by a TPO. The local planning authority website will give further details on the notice required.

Planning Permission and Restrictions

It is important to check with the Local Planning Authority before commencing any works on a property in a Conservation Area. Some works which would normally be covered by permitted development will require planning permission. Any proposals of development in a Conservation Area must preserve or enhance the character of the area and planning permission may dictate that certain materials are used in the works. There could also be limitations on the change of use of a property or premises.

Conveyancing Searches

When purchasing a property, we will almost invariably request a Local Authority Search Result. The Local Authority Search Result will reveal previous planning and building control applications and any completion certificates, Tree Preservation Orders and also any other important factors to consider in relation to the local area surrounding the property or land.

Community Consultation and Appraisal

Local Authorities usually hold Community Consultations or publish Appraisals in relation to any changes or developments to be made in a Conservation Area. This gives the local community an opportunity to give their opinions, perspectives which helps to ensure the character and identity of the local area is preserved and respected.

Enforcement Notices

Enforcement Notices are served where there appears to be a breach of the Conservation Area or Listed Building legislation. An appeal to the Secretary of State can be made in this instance. There is no time limit for the Local Authority to issue an enforcement notice and failure to comply with even one of the conditions on a Conservation Area consent is an offence. It is therefore important to obtain a copy of the relevant consent(s) during the purchase process to ensure from your inspection and survey that all conditions have been adhered to, in order to avoid issues.

How Pinney Talfourd can help

If you are considering purchasing a property in a conservation area, our Residential team is here to offer expert assistance and ensure a smooth conveyancing experience. Contact any member of our Residential Property team to find out more.