The listed building I am buying has unauthorised windows

QWe are about to exchange contracts on the purchase of a Grade C listed house in Aberdeen and our specialist surveyor has unearthed unauthorised works by previous owners including replacement windows. Where does the liability fall to put these right? Should I still proceed with the purchase?

ANSWER: All alterations which affect the character of a listed building require listed building consent. If a previous owner failed to get consent for any alterations you need to be aware that you, as owner, could be required to reverse the alteration at your cost. Buyers need to be particularly vigilant because there is no time limit on enforcement action. As well as being potentially very costly and inconvenient to you it could make the house very difficult to sell in the future if the issues are not resolved.

Listed building controls extend to the inside as well as the outside of the listed building and to any object or structure fixed to the building or within its curtilage which pre-dates 1948. As an intending purchaser it is always worth instructing your specialist surveyor and solicitor to look out for unauthorised alterations.

Ideally you should look to resolve any outstanding issues prior to agreeing to the purchase. This normally involves negotiation with the vendors and the local planning authority. You may need to consider applying for listed building consent retrospectively or reversing the changes. Whether to proceed with the purchase or not will depend on whether the vendors are prepared to resolve some of the issues and whether you have the time and the inclination to wait. In most situations it would be unwise to proceed with the purchase until the issues have been fully resolved.

For detailed expert advice specific to your home become a member of The Listed Property Owners’ Club Scotland. From as little as £4 a month, as well as access to a free telephone helpline your membership will include two free tickets to The Scottish Listed Property Show. Here, you can meet face-to-face with a whole host of listed building experts for advice on planning, conservation, VAT, and legal issues and specialist suppliers including windows, damp, energy efficiency and more!

The Scottish Listed Property Show takes place on Saturday, 27 October at the Assembly Rooms, George Street, Edinburgh. Book tickets in advance for a discounted price of £8 when you quote SM3.