The Conservatory Conundrum: Why Your Sale Might Be Hitting a Glazed Wall
Selling your home is often a whirlwind of paperwork and negotiations, and for one homeowner, the unexpected centre of attention has been the conservatory. Despite the fact that this sunroom has been a fixture for a decade and was built well before their ownership, buyer inquiries are heavily focused on its presence, leading to a lengthy form that feels somewhat over the top, especially as they didn’t even install it. This raises a pertinent question: are conservatories, particularly older ones, now viewed as potential liabilities rather than desirable extensions?
For years, conservatories were the epitome of a dream home addition, promising a light-filled space to relax and entertain. However, recent property market insights suggest a shift in perception. Findings from 2023 indicated that in some instances, conservatories can actually diminish a property’s value by as much as $25,000 AUD upon sale. An outdated conservatory can also present an immediate visual deterrent to potential buyers, creating a poor first impression that’s hard to shake.
The growing emphasis on energy efficiency, driven by mounting concerns over Energy Performance Certificate (EPC) ratings and soaring energy bills, means that conservatories failing to meet modern standards are increasingly seen as a burden. As David Weaver, a director at Reveal Doors and Windows, points out, “Technology and materials have changed so much over the years that older conservatory builds may be coming to the end of their lifespans, and that could affect not just your heating bills, but potentially your home’s value.”
For prospective buyers, a thorough inspection of any conservatory is crucial, regardless of its age or condition. Key areas to scrutinise include the general state of the roof, the integrity of the glazing, the functionality of doors, and any signs of potential breaches of building regulations.
Navigating Planning Permission and Building Regulations
When it comes to legalities, conservatories are treated similarly to other home extensions under planning and building regulations.
- Planning Permission: If planning permission was required at the time of construction and not obtained, the local authority typically has a defined enforcement period to take action. For a conservatory built around 20 years ago, as in this case, this enforcement period has long since expired, meaning the local council is unlikely to pursue any action for a lack of planning consent. This is generally true unless the property is a listed building, where the rules are significantly different. For listed properties, there is no time limit on enforcement for unauthorised works, and consent would have been essential.
- Building Regulations: Most conservatories are exempt from formal Building Regulations approval, provided they meet specific criteria:
- The structure must be single-storey, at ground level, and have a floor area under 30 square metres.
- It needs to be separated from the main house by external-grade doors.
- An independent heating system, separate from the main property’s central heating, is required.
- All glazing and electrical installations must comply with applicable Building Regulations standards.
The enforcement period for non-compliance with Building Regulations is typically 10 years. As this period has also passed for a conservatory built two decades ago, the local authority generally cannot take enforcement action.
The Modern Conveyancer’s Approach
Solicitors today often adopt a more cautious, risk-averse stance compared to their predecessors. This heightened diligence is influenced by several factors:
- Regulatory Changes: Evolving building and planning regulations necessitate a more thorough review of property additions.
- Higher Due Diligence Expectations: There’s an increased expectation from all parties involved in a property transaction to ensure all aspects of a property are compliant and well-documented.
- Stricter Mortgage Lender Requirements: Mortgage lenders are increasingly requiring robust evidence of compliance for any extensions or significant alterations to a property to mitigate their own risk.
These factors contribute to why conservatories, especially older ones, can attract more detailed questioning during the conveyancing process. However, as Natalie Bradley, a partner at Stephensons, explains, they shouldn’t necessarily be viewed as a liability. Instead, they are an element of the property that solicitors must verify to ensure compliance and minimise risk for their clients.
While it might seem unusual to face extensive questioning about a conservatory of this age, it’s not impossible. Each property is unique, and individual circumstances can influence the thoroughness of the due diligence conducted by solicitors.
Addressing Potential Concerns and Moving Forward
Olivia Egdell-Page, a partner at Joseph A Jones & Co. LLP, highlights that if there’s a genuine risk of enforcement action, particularly for more recent works where the enforcement period has been extended to 10 years, indemnity insurance could be a viable option. This insurance, typically at a modest cost, can provide peace of mind for buyers and help the transaction proceed smoothly.
However, for works completed as long ago as 20 years, the argument against needing such insurance is strong. In such scenarios, it’s reasonable for the seller’s solicitor to request the buyers to articulate their specific concerns. This opens the door for a discussion and agreement on whether insurance is truly necessary, or if the risk is sufficiently low for the buyers and their mortgage lender to proceed with confidence based on the solicitor’s advice.
The key takeaway is that while older conservatories might raise more questions than they once did, they are not inherently problematic. With thorough checks and clear communication between legal professionals, these glazed extensions can be demystified, allowing property sales to continue without unnecessary hurdles. The focus remains on ensuring compliance and safeguarding all parties involved in the transaction.
