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Buying or owning a property in a Conservation Area

Buying or owning a property in a Conservation Area

Following the recent coverage of the Edinburgh home owner who was forced to re-paint their pink door, many homeowners may be surprised by the regulations that can exist over their properties.

Conservation areas exist across Scotland and provide characteristic and charming living areas; the aim of protecting these areas is to preserve the historic and architectural features of neighbourhoods. Although these properties can be desirable and tend to sell for a premium, they also come with a number of regulations and any new exterior work carried out generally requires planning permission.

In Edinburgh alone, there are 50 areas that have special architectural and historic interest. These conservation areas are protected by the City of Edinburgh Council with other local authorities throughout Scotland having similar conservation areas which they control. The additional regulations placed on these buildings mean that if you own such a property, prior to conducting changes to the appearance of buildings, guidance should be sought from the relevant council. The purpose of such rules is to uphold the appearance and character of the area and ensure that any changes are in line with what the local authority deem appropriate.

In this instance, the bright pink door was not allowed as per council guidelines and the homeowner was served an enforcement notice to change the colour of the door which the council deemed to not be “in keeping with the historic character” of the listed buildings in the city’s New Town area.  Although the council’s decision in this particular case was attempted to be appealed, the owner was at risk of a £20,000 fine. The owner has now duly re-painted the front door in an approved colour. Green in case you’re wondering.

Homeowners should be conscious of the planning consent required in order to approve any external alterations. Common mishaps made by owners include replacing sash and case windows with a modern window fitting and not realising this may be in breach of the property and area characteristics.

When purchasing a property either the Property Enquiry Certificate (issued to solicitors) or Home Report will indicate if you are purchasing in a conservation area or if the property is a listed building. Owners and purchasers of property in conservation areas should be mindful of any work and changes to the appearance of buildings and seek permission in order to avoid any disputes.

If you are considering buying a property in a conservation area and require further information and advice please contact our specialist property team on 03330 430350 or email sdrake@thorntons-law.co.uk.

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About the authors

Robyn Canning
Robyn Canning

Robyn Canning

Trainee Solicitor

Commercial Real Estate

Steven Drake
Steven Drake

Steven Drake

Partner

Residential Property

For more information, contact Robyn Canning or any member of the Commercial Real Estate team on +44 131 603 8360.