Beware the legal pitfalls that can come with a rural barn conversionBy: Suzanne Bowman

The Government’s recent amendments to the Permitted Development Rights, which came into effect in May 2013, have simplified the process of changing the use of buildings from agricultural to businesses and offices and there is currently consultation on further residential changes.

So it would appear that now is a good time to consider a barn conversion project…However, before rushing into purchasing the nearest empty agricultural building on the market, it is essential to consider the many legal pitfalls that can accompany this type of project.

Permitted Development Rights may have been relaxed and local authorities are under pressure to keep the rural economy healthy, but this does not automatically mean that all barns can now be considered as potential future homes.

Firstly, any building built after 3 July 2012 will have had to be used for ten years to qualify for change of use. In addition, any building over 150 sqm will still need to go through a prior notification process to alter its use from agricultural to domestic. The local authority will have 56 days to make a decision regarding the proposed change of use and how it will impact the local area. Before purchasing any property you really need to ensure that all the necessary permission is going to be given, or you will be left with an unusable space that will be difficult to sell and it may be difficult to secure mortgage funding for such a project.

Beware of restrictive covenants when buying any property, but especially any building with a former use. Planning permission is only one aspect or hurdle to deal with: you would be wise first to ensure there is no breach of any covenant or deed restriction. A restrictive covenant could disallow the use of the land or building to be changed. In addition, there could be conditions prohibiting extensions or outbuildings.

Deed restrictions are attached to the land and consequently apply to all future owners of the property and could, for example, limit the number of residences built. You therefore need to ensure that the property you are purchasing does not come with any hidden restrictions. Of course these may be modified by agreement or by a Tribunal, or one might in extremis consider specialist insurance, but it is best to be well prepared.

It is also essential to check the rights of way on the land surrounding the property. You might find you don’t have the right to access the land to reach the property you would like to buy.

Find out if any previous owner/s have granted any rights of access or if there are any wayleave agreements to companies such as a utility company, which may have the right to construct or access power lines, a mobile phone mast or gas or water pipelines across your land.

Your peaceful, tranquil and secluded home or business in the countryside could quickly be ruined if you discover (too late) that it is is located on a busy public footpath. It can be a lengthy and costly process to redirect a footpath, and while your home will not be unsellable, the value of the property could be dramatically reduced. In addition, it is worth bearing in mind that if someone injures themselves on your land, you may be liable. Therefore if you do decide to purchase a property with a public footpath, specialist insurance should be taken out.

While you might be lured by the remote location of a former farm building, remember, they were built for animals and not people and may lack basic amenities such as running water, gas and electricity or drainage. You need to ensure that you will be able to get connected to these utilities or make alternative arrangements, which will have cost implications and agreement may need to be reached with neighbouring landowners.

Before any building work takes place, it is important to bear in mind whether the building is listed or situated in a conservation area. These factors will not prevent you from converting the building, but they may hinder your building options and can turn your project into a complicated, costly and lengthy process.

If the property is listed, Listed Building Consent must be granted before any work is carried out to the interior or exterior. Applications can take anything from 8 to 13 weeks and costs are likely to increase substantially if you have to source specific materials to match the character of the building and surrounding area.

For those living in a conservation area, there will be restrictions on your ability to alter, or add, any doors, windows, or guttering. Since former farm buildings often have limited entrances, this should be taken into consideration before purchase. It must be remembered that carrying out any unauthorised work on a listed building is a criminal offence and individuals can be prosecuted.

Converting a former farm building can be a rewarding process, but do employ experienced advisors before commencing any project.

This article is not intended to be a full summary of the law and advice should be sought on all issues.

About the author

Suzanne Bowman is a solicitor at Adams & Remers LLP. She specialises in the sale and purchase of residential property, especially Listed and heritage property. She also provides legal advice to members of the Listed Property Owners Club.