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How can I ensure my listed home’s kitchen extension has right approvals? 

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I’m buying a listed property and want to make sure a recent kitchen extension was done with the right approvals. 

How do I check this and protect myself on this front? LP

Before buying a period property, check for the correct consents if any renovation work was carried out

Before buying a period property, check for the correct consents if any renovation work was carried out

MailOnline Property expert Myra Butterworth replies: Before buying a period property with a recent kitchen extension, you will need to check that the relevant consents were sought.

This is because you will inherit the liability for any unauthorised work undertaken by the vendor.

Ultimately, this risk can be removed completely by reversing the works carried out – if that is possible – or by applying retrospectively for consent for the kitchen extension.

There are compromises that can be made, including looking at an indemnity insurance that will cover you and bank against the cost of rectifying unauthorised alterations.

And if you are a cash buyer, then you can decide to proceed on the basis that you will accept the risk for the lack of consent.

Vanessa Rhodes, of law firm Kingsley Napley, said: If you’re looking to buy a house that is listed, it is likely to be a unique and interesting property full of character. You are right that being listed means there are additional controls over any works to the property.

The National Heritage List for England protects buildings of special architectural or historical interest, which are considered to be of national importance. It means listed building consent is required for all works of demolition, alteration or extension to a listed building.

Local planning authorities provide approval for works to listed buildings. Where the works have an impact on the external appearance of the building, planning permission may also be required and should be applied for at the same time. 

For example, this may include building an extension or installing new windows and doors. 

Below, Vanessa covers what you need to know: 

How do I check necessary consents were obtained?

Make sure that you instruct a specialist heritage surveyor to review the property and all the planning and listed building consents for the property to verify the corrects consents were obtained.

This can be in addition to having a regular building survey carried out or some surveyors will do both in one survey. 

The heritage survey should make clear whether the kitchen extension was approved, and what to do if it isn’t. 

You can get heritage surveyors that will do both in one survey and charge the same as a standard building survey but frequently, clients will instruct one in addition to the building surveyor and they are usually slightly cheaper.

Heritage surveys also provide historic building and heritage conservation advice to assist buyers who will be responsible for the practical care of historic buildings.

Your solicitor will review the results of the local authority search for the property, which reveals all the permissions obtained from the local planning authority for the property. 

They will also raise enquiries with the seller to find out if the right consents have been obtained and check that any conditions on the listed building consents have been discharged or, if there are on-going conditions that they are being complied with.

Your solicitor and heritage surveyor will also check to see if the work was done before the building was listed. If this is the case, there will be no issue as no listed building consent will have been needed.

Why is checking important?

It is essential to check if the previous owners obtained the relevant consents because you will inherit the liability for any unauthorised work they undertook.

Given there is no time limit on enforcement action, you may be required to reverse the alteration at any time in the future. In effect, therefore you may potentially have to ‘undo’ or alter the kitchen extension if it lacked approval. 

This could be costly and may reduce the value and your enjoyment of the property, so should be carefully considered before proceeding with the purchase.

It is also a criminal offence not to seek listed building consent when it is required. 

The maximum penalty is two years’ imprisonment or an unlimited fine. Not knowing a building is listed, or claiming the works were carried out by a previous owner are not defences to any criminal proceedings.

Your options as a buyer

As the buyer, you need to consider the extent of any liability you might take on before proceeding with the purchase. 

If you find that works have been carried out to the property without the appropriate consents or the listed building consent conditions have been breached, you will need to consider the extent of the breach. 

The heritage surveyor will normally guide you as to whether you will be able to obtain retrospective listed building consent for the breach and which breaches could be problematic.

If the kitchen extension was not approved, there are various things that you can do as part of the conveyancing process to alleviate any stress or anxiety about the consent, and ultimately protect yourself.

The way to remove the risk completely is to reverse the alteration – if possible – or for you or the seller to apply retrospectively for consent for the kitchen extension. 

You may elect to negotiate a conditional contract with the seller, which stipulates that you will only complete the purchase of the property when the seller has obtained retrospective consent for the kitchen extension if it was unapproved.

Most sellers will be reluctant to agree to this approach because if they apply for retrospective consent and are unsuccessful, then it draws the issue to the attention of the local planning authority who are then likely to serve an enforcement notice on the seller in relation to the alterations.

Alternatives include negotiating a price reduction to cover the costs and hassle of obtaining retrospective consent for the extension after completion. 

Any price negotiation should include recognition of the fact that the buyer will be accepting the risk for the lack of consent, and any liability that comes with it.

If you are a cash buyer, then you can decide to proceed on the basis that you will accept the risk for the lack of consent. 

However, if you are using a mortgage, the bank will require you to obtain indemnity insurance, which will cover you and the bank against the cost of rectifying unauthorised alterations. 

You will need to discuss the indemnity insurance policy with your solicitor though as they often include provisions that invalidate the policy if you approach the local planning authority for consent for any works in the future.

For example, if you want to carry out alterations to another part of the property and apply for consent then this could invalidate the policy. 

There are some more bespoke indemnity policies available that might get round this problem but these policies can be costly or have a high excess.

Another factor to bear in mind is that if the kitchen extension was carried out without proper consent, then you, in turn, will have to deal with this problem as part of any future sale of the property unless you and the seller can resolve the issue now, either by removing or adapting the alterations or by obtaining retrospective consent.

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‘I was so proud to be Navajo and so proud to be Irish’

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“For the first time in my lifetime my two cultures were intertwined in the most beautiful way … I was so proud to be Navajo and so proud to be Irish.”

Doreen McPaul was speaking as she received a Presidential Distinguished Service Award for the Irish Abroad for 2021. President Higgins granted the awards to 11 people at a ceremony in Áras an Uachtaráin on December 2nd.

McPaul, of Irish and Navajo heritage, is attorney general for the Navajo Nation. Her award, under the category of charitable works, is in recognition of her fundraising for the Navajo, who experienced extreme hardship during the Covid-19 pandemic.

Her efforts led to a collaboration with the Irish Cultural Centre and McClelland Library in Phoenix, Arizona, which gathered more than $30,000 worth of donated supplies to assist the Navajo Nation at the peak of the pandemic.

“The Navajo Nation was so devastated by Covid-19, as a culture and as a community. [It] was really tragic and stressful, and we worked literally non-stop. The highlight of this was talking to people from all over the world …. Specifically with Ireland, we had this huge outpouring of support, and that was really overwhelming because of my own dual heritage and growing up as a half-Navajo half-Irish girl,” she told The Irish Times.

“As soon as people learned that the Navajo Nation attorney general was part-Irish, people reached out to me and claimed me as their own and invited me to all these things and celebrated my dual heritage in a way I’ve never experienced before. Literally they put me on the highest pedestal and that’s what this award signifies to me.”

A graduate of Princeton University, Doreen McPaul has worked as a tribal attorney for 20 years and has spent two years serving as attorney general. “I didn’t know I was nominated for the award first of all. So when the Irish council called to let me know I would be receiving a notice of the award, I literally cried.”

In all, 11 people received awards on Thursday, in a variety of fields. They were: Arts, Culture and Sport: Susan Feldman (USA), Roy Foster (Britain) and Br Colm O’Connell (Kenya). Business and Education: Sr Orla Treacy (South Sudan). Charitable Works: Doreen Nanibaa McPaul (USA), Phyllis Morgan-Fann and Jim O’Hara (Britain). Irish Community Support: Adrian Flannelly and Billy Lawless (USA). Peace, Reconciliation & Development: Bridget Brownlow (Canada). Science, Technology & Innovation: Susan Hopkins (Britain).

Colm Brophy, Minister of State for Overseas Development Aid and Diaspora said: “As Minister of State for the Diaspora I am aware of the profound impact our global family has had around the world in a variety of fields. There were 107 nominations for these awards this year, and the level and breadth of the achievements of the people nominated are, by any measure, remarkable.

The contribution of the Irish abroad has been immense, and the diversity of their achievements in their many walks of life, can be seen in this year’s 11 awardees.”

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Ski home values rise by up to 17% despite travel restrictions says Savills

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It’s not just Britain’s property market that is red-hot. Homes in ski resorts are being snapped up by wealthy buyers despite the pandemic and on/off travel restrictions, a new reports suggests.

And just like here, the staggering growth in values stems from high demand and lack of supply. 

The findings are in Savills latest ski report, which tracks 44 resorts globally. It found that property prices grew on average 5.1 per cent in the last year.

However, some resorts – including Flims and Grimentz in Switzerland – saw values rise 17 per cent.

This chalet in Chemin Des Cleves in Switzerland and is for sale for CHF6,000,000, the equivalent of £4.9million

This chalet in Chemin Des Cleves in Switzerland and is for sale for CHF6,000,000, the equivalent of £4.9million

Top 20 prime ski resorts, based on price per square metres (priced in euros)

Top 20 prime ski resorts, based on price per square metres (priced in euros)

The release of pent-up demand for ski properties follows almost two seasons of closures for most resorts.

Jeremy Rollason, of Savills, said: ‘Only a few resorts such as Val d’Isère, Verbier and Morzine were seeing real price growth up until 2019. 

‘That has all changed with virtually all resorts in the Alps and North America experiencing strong double digit and sometimes exponential price growth in a matter of months.’

He adds: ‘The first quarter of 2021 was particularly acute for demand. Transaction volumes doubled over the previous year and fierce competition emerged, especially for prime property in the most exclusive resorts.

‘Property that had previously been for sale for a few months – or even years – suddenly found buyers who were keen to escape the confines of towns and cities.’

The North American ski resorts of Aspen and Vail top the Savills Ski Prime Price League with Courchevel 1850 moving from the top spot to third place.

Aspen, which celebrates its 75th birthday this season, is predominantly a domestic market, with average values at around £25,000 per square metre.

Meribel has broken into the top ten price resorts with asking prices of around £13,800 per square metre. 

With its 200 lifts, and central to the world’s largest ski area – Les Trois Vallees – Meribel is popular among French and British skiers looking for a dual season resort.

Making the most of a dual season: This five-bed chalet is in St Gervais, in France's Haute-Savoie region, and is on the market for €2.5m (£2.13m)

Making the most of a dual season: This five-bed chalet is in St Gervais, in France’s Haute-Savoie region, and is on the market for €2.5m (£2.13m)

Estate agents Savills also looked at the prospects for price growth in 10 key resorts

Estate agents Savills also looked at the prospects for price growth in 10 key resorts

While resorts have always pushed the benefits of using properties throughout the winter and summer, a dual season resort is now the most important locational factor for buyers as they look to make the most of their holiday homes, according to Savills.

The estate agent said that regardless of international travel restrictions, foreign buyers are still keen to purchase ski resort properties and have been quick to return to the property market as restrictions have lifted.

This week, some resorts opened early amid heavy snowfall and are hoping to remain so throughout the season.

Mark Nathan, of Chalets 1066, the largest operator in France’s Les Gets, said: ‘We are fortunate here in that Jean-Baptiste Lemoyne, the French Minister for Tourisme has said that ‘closing is not an option’ this winter.

‘The snow is amazing at the moment and the pistes will be opening this weekend. The planned date was December 12 for early opening so this shows how good the conditions are. The fresh snow was up to my knees this morning.’

This five-bed chalet is in Saas-Fee, Switzerland, and is for sale for CHF4,200,000, the equivalent of £3.4million

This five-bed chalet is in Saas-Fee, Switzerland, and is for sale for CHF4,200,000, the equivalent of £3.4million

He explained that visitors will be expected to show proof of vaccination to go into bars and restaurants, and also when buying lift passes.

‘There might even be random checks in the lift queues. We are also expecting to have to use masks in lift queues – but these are all small points and the good news is we can all ski and enjoy a mountain holiday. 

‘Our bookings are the best we have ever had by a long way, in over 13 years of business. 

‘Over the past few days there has been nervousness among the English and a few other countries with the new Omicron variant, but we now hear that the Swiss will be allowing people who are on their way to France to land at Geneva and then take a transfer directly to France. 

‘Overall, we are looking forward to an exciting ski season.’

Qualified ski instructor and ski journalist Rob Stewart added: ‘British skiers spend more money than domestic visitors and ski resorts are desperate to have us back. 

‘In some French resorts, British skiers are only second to French visitors in regards to numbers and we are such an important part of their economy.

‘This winter, snow seems to have come fairly early and in decent quantities, and it’s cold. This always helps increase visitor numbers and after such a terrible winter last year because of Covid, there is huge positively about this winter being a good one.

‘The challenges remain for British skiers, with nerves around changing travel restrictions still haunting the industry and lack of availability pushing prices higher for the moment. 

‘But for skiers that have missed out for one and half seasons now, these challenges will be overcome if possible, for the chance to get back on the slopes’.

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Players should be allowed to compete in Saudi International

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Rory McIlroy has delivered a potentially crucial intervention on behalf of golfers wishing to compete in the Saudi International in February by insisting the PGA and European tours should not block them from playing.

The Saudi International, once of the European Tour but now an Asian Tour event, has confirmed a number of the world’s most prominent golfers – including Tommy Fleetwood, Bryson DeChambeau, Dustin Johnson, Phil Mickelson, Ian Poulter, Lee Westwood and Sergio García – have agreed to feature in 2022.

Saudi Arabia has sought to make inroads into professional golf but has encountered stiff resistance from the European and PGA tours. It has been reported both those bodies could trigger open warfare by refusing to grant releases to their members to play in Jeddah. The European Tour will discuss the issue at board level in the coming days.

McIlroy has no interest in accepting Saudi money but believes others should not be denied the opportunity. “I think we’re independent contractors and we should be able to play where we want to play,” he said. “So in my opinion I think the Tour should grant releases. It’s an Asian Tour event, it’s an event that has official golf world rankings.

“I do see reasons why they wouldn’t grant releases but I think if they’re trying to do what’s best for their members and their members are going to a place other than the PGA Tour and being able to earn that money, I mean, we’re independent contractors and I feel like we should be able to do that if that’s what our personal choice is. My personal choice is not to do that but obviously a lot of players are doing that and I think it’s fair to let them do that.

“My view as a professional golfer is I’m an independent contractor, I should be able to go play where I want if I have the credentials and I have the eligibility to do so. I’d say most of the players on tour would be in a similar opinion to me.”

The matter is further complicated by some players having signed multi-year deals to play in Saudi. McIlroy, 32, did admit the prospect of legal wrangling is an unappealing one. “I think the professional game needs to get to a point where we as professionals need to know where we stand,” he said. “Are we actually independent contractors? Are we employed by a certain entity? There’s a lot of grey area in that and that’s what sort of needs to be sorted out, I think.”

McIlroy’s curious competitive year will close at this weekend’s Hero World Challenge in the Bahamas. “I think it’s been a year where I’ve struggled in parts but I still got two wins on tour, which is pretty good,” the world No 8 said. “I was tied for the lead with nine holes to go in the US Open. I played well in parts, I just didn’t do it consistently enough. I go back to 2019 and had like 19 top-10 finishes or whatever it was; that’s the level I want to play at.” – Guardian

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