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Conservation areas are among the most desirable addresses in England and Wales.
They tend to offer attractive architecture, established streetscapes and a sense of character that newer developments can rarely replicate.
They also come with a set of legal constraints that every buyer should understand before exchange of contracts.
There are more than 10,000 designated conservation areas in England alone, ranging from historic town centres and Victorian suburbs to rural villages and harbour settings.
If the property you are considering sits within one, the planning rules that apply to it are significantly more restrictive than those applying to most residential property.
What conservation area status actually means
Conservation areas are designated by local planning authorities under the Planning (Listed Buildings and Conservation Areas) Act 1990.
Designation does not protect individual buildings in the same way as listed building status, but it does impose controls across the whole area that restrict what can be done to properties within it.
The most important practical effect for buyers is the reduction in permitted development rights.
Works that would ordinarily be carried out without planning permission, such as certain extensions, roof alterations, cladding, satellite dishes and the replacement of windows or doors, will often require consent in a conservation area.
Side extensions almost always require full planning permission and visible roof alterations and changes to the exterior appearance of the property are subject to close scrutiny.
All trees within a conservation area with a trunk diameter of 75mm or more are also automatically protected.
Demolition of a building over 115 cubic metres, or the removal of gates, fences or walls above certain heights, also requires conservation area consent.
As you can see by this extensive list, if you are looking to buy a home in a conservation area it is important to understand your rights and obligations as a home owner.
Article 4 Directions: The additional layer
Some conservation areas go further by imposing what are known as Article 4 Directions.
These remove further permitted development rights and can require planning permission even for changes that would be unrestricted elsewhere, including replacing windows or doors, altering the roof covering, painting the exterior or installing solar panels on front-facing elevations.
Article 4 Directions vary significantly between areas and even between streets within the same area.
It is not possible to assume that the position in one part of a conservation area will be the same as another.
This makes it essential to check what specific restrictions apply to any particular property before proceeding.
What to check before you buy
A good conveyancer acting on a purchase in a conservation area will raise specific enquiries about planning history, any enforcement notices, tree preservation orders and whether any unauthorised works have been carried out.
They will also identify whether the property is listed as well as being in a conservation area, which would bring an additional and more stringent layer of controls.
It is worth noting that a property can carry the benefit of previous planning consents for works that were permitted at the time.
It can equally have a history of works that were carried out without the required consent and that will need to be regularised or insured against.
Both possibilities affect value and the scope of what can be done with the property in future.
For buyers with specific plans, such as an extension, would benefit from having a conversation with the local planning authority before exchanging contracts to avoid significant costs and delays to their plans in future.
If you are purchasing a property in a conservation area and want to make sure you fully understand your position, our residential property team can help. Please get in touch to discuss how we can support you through the process.
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