Fact 30. Conservation Area - how this affects home buying and selling

How Conservation Areas impact property transactions, what planning restrictions apply, the penalties for non-compliance, and how to successfully buy or sell homes in these protected historic neighbourhoods.

When purchasing or selling a property in England, discovering that it sits within a Conservation Area can significantly impact the transaction process and your future plans for the home. Understanding what Conservation Areas are, how they affect conveyancing, and what restrictions apply is essential for both buyers and sellers to navigate the process successfully.

Quick Check - is that property in a Conservation Area?

What is a Conservation Area?

A Conservation Area is a designated place of special architectural or historic interest where the character and appearance deserve careful management and protection. The concept was first introduced in 1967 under the Civic Amenities Act, and today there are nearly 10,000 Conservation Areas across England. These protected zones exist in both rural settings (59%) and urban environments (41%), with most local authorities having at least one Conservation Area within their boundaries.

Section 69 of the Planning (Listed Buildings and Conservation Areas) Act 1990 gives local councils the power to designate spaces as Conservation Areas when they identify areas worthy of preservation or enhancement. The designation can protect various elements including buildings of architectural merit, historic layouts, significant landscaping features such as parks and gardens, important trees, and even street furniture that contributes to the area's character.

Conservation Areas take many forms across the country. They might encompass historic town centres with medieval or Georgian architecture, picturesque villages with distinctive local character, industrial heritage sites reflecting our manufacturing past, model housing estates from various periods, country houses set within historic parkland, or transport heritage such as stretches of canal or railway infrastructure.

The Designation Process

Creating a Conservation Area is a formal process undertaken by the local planning authority. The council identifies a space with special architectural or historic interest and establishes the Conservation Area to protect and manage its character. This ensures that any alterations to properties or land within the designated boundaries are subject to specific standards, restrictions and controls tailored to preserve what makes the area exceptional.

Following designation, the local authority should ideally carry out a Conservation Area Appraisal, which might include a photographic survey of all buildings within the area at the time of designation. The council then develops a Management Plan, which becomes the key tool for fulfilling their duties under the 1990 Act to review the conservation area regularly and formulate proposals for its preservation and enhancement.

Planning Restrictions and Permitted Development Rights

Living in a Conservation Area means accepting stricter planning controls than exist in non-designated areas. Properties within Conservation Areas require planning consent for work where permission would not usually be required elsewhere. This is because the area has 'Permitted Development' rights that are curtailed through what are known as 'Article 4 Directions'.

Article 4 Directions are restrictions placed on property owners by Local Authorities to control works that would normally be allowed under permitted development rules. These are often administered without consultation, and importantly, there is no right of appeal against an Article 4 Direction being applied to a property.

The types of alterations that typically require planning permission in a Conservation Area include:

Window installation or replacement, including the materials used and design specifications

Door replacement, with some areas even restricting changes to the colour of front doors

Demolition of any building over 115 cubic metres, or demolition of gates, walls or fences over 1 metre high if they border a highway, waterway or open space, or over 2 metres elsewhere

Cladding materials applied to exterior walls

Installation of satellite dishes, solar panels, chimneys or flues, particularly on elevations facing the street

Extensions including conservatories, loft conversions with dormer windows, and single or two-storey additions

Roof alterations or extensions

Construction of outbuildings, sheds or other structures

Laying paving or constructing boundary walls

Changes to guttering and downpipes

Special Considerations for Trees

Trees within Conservation Areas receive blanket protected status. If you wish to fell or even lightly prune a tree, you must notify the Local Authority six weeks before the scheduled work begins. During this period, the council assesses what contribution the tree makes to the character of the area and may impose a Tree Preservation Order (TPO) to protect it permanently if deemed necessary.

Repairs and Materials

Even essential repairs to the existing fabric of properties in Conservation Areas face restrictions regarding design and materials. For example, replacing rotten window frames might require using traditional timber rather than UPVC, or maintaining original stained glass features in windows and doors. Boundary wall repairs must use bricks of the correct period style. These requirements ensure repairs maintain the historic character but can increase costs and complexity.

The Serious Penalties for Non-Compliance

Making changes within a Conservation Area without obtaining proper permission is not just inadvisable—it is a criminal offence. Section 74 of the Planning (Listed Buildings and Conservation Areas) Act 1990 states that unauthorised demolition within a Conservation Area can result in a maximum penalty of two years imprisonment or an unlimited fine.

Even less dramatic unauthorised works can result in enforcement action requiring you to undo the changes, potentially including replacing roof tiles, removing extensions, or demolishing unauthorised structures. The financial and practical implications make it essential to obtain proper permissions before commencing any work.

Impact on Property Values

Despite the restrictions, being located within a Conservation Area generally benefits property values. Research conducted in 2012 by the London School of Economics and Historic England found that houses in Conservation Areas sell for a premium of approximately 9% on average. This premium reflects the desirability of living in well-maintained, attractive neighbourhoods with protected character and the assurance that the special qualities of the area will be preserved for the future.

Properties in Conservation Areas often feature original architectural details and period features that house buyers actively seek. The protected status ensures that neighbouring properties cannot be altered in ways that would detract from the area's character, maintaining the aesthetic appeal and community atmosphere that attracted buyers in the first place.

How Conservation Areas Affect the Conveyancing Process

When buying property in a Conservation Area, the conveyancing process requires additional scrutiny to protect the buyer's interests. Interestingly, there is no national database of Conservation Areas, so identifying them requires careful investigation.

The Property Information Form completed by the seller includes a specific section asking whether the property is located within a Conservation Area. Sellers must also disclose any works carried out on the property. If alterations or improvements have been completed, the conveyancing solicitor must obtain evidence of Local Authority consents before exchanging contracts.

This verification process protects buyers from inheriting liability for potentially illegal works carried out by previous owners. Without proper documentation of planning permissions and consents, buyers could face enforcement action requiring them to reverse unauthorised changes at significant expense.

As part of standard conveyancing searches, the solicitor will conduct local authority searches that reveal whether the property sits within a Conservation Area. Your solicitor should then advise you on several critical points:

The possible implications and restrictions that could be imposed upon you and the property

The requirement for additional consent should you wish to make any changes to the property

The potential for inconvenience, delay and additional expense when seeking permissions

The cost implications for repairs or alterations due to restrictions or limitations on materials and designs

The importance of this due diligence cannot be overstated. If a conveyancing solicitor fails to exercise proper care in these matters and issues arise following purchase that were not identified, you would need to make a complaint to the firm of solicitors and potentially refer the matter to the Solicitors Regulation Authority.

How to Find Out If a Property Is in a Conservation Area

Several methods can help you determine whether a property sits within a Conservation Area:

Contact the local planning authority directly. They can provide information about when the Conservation Area was created, the extent of the area covered, reasons for its creation, and the level of legal protection afforded.

Check the local authority's website, which should contain a list or map of all Conservation Areas within their boundaries, along with documents listing specific restrictions for each area.

Ask the estate agent, as they should include Conservation Area status in property particulars as a matter of good practice.

Rely on your conveyancing solicitor to identify this through local authority searches, though you should not depend on this alone as it may not always be flagged prominently.

Consult the Planning Portal, which provides information about planning requirements and can direct you to your local authority's specific guidance.

Visit Historc England for general information about Conservation Areas and heritage protection.

The local authority must ensure all properties within Conservation Areas have this recorded as a local Land Charge on the charges register at the Land Registry.

Selling Property in a Conservation Area

If you are selling a property in a Conservation Area, transparency is essential. While the protected status is generally viewed as a positive selling point, buyers need to understand the implications. Estate agents should mention the Conservation Area status in property particulars, and sellers may wish to point this out during viewings.

Being prepared with documentation of any works previously carried out and their associated permissions will smooth the conveyancing process and reassure potential buyers that the property's history is compliant with regulations.

Making the Most of Conservation Area Living

The restrictions imposed by Conservation Area status need not prevent you from improving and maintaining your property. Many successful renovations and extensions occur in Conservation Areas each year. The key is to work within the guidelines, seeking to enhance or preserve the space rather than compromise its character.

Consider engaging professionals with local knowledge and experience working within your specific Conservation Area. Architects familiar with local planning policies and requirements can design proposals more likely to receive approval. Planning consultants can help navigate the application process and present your case effectively to the planning authority.

Contact your local planning authority early in your planning process to discuss your intentions. They can provide guidance on whether your proposals are likely to need permission and what considerations will be important in the decision-making process.