We are in the process of selling our home and buyer enquires have come back from their solicitor.

Everything is fine, but there is a huge emphasis on the conservatory.

We've got a lengthy form to fill in – that's despite us not installing the conservatory. 

It was here when we bought the house 10 years ago - it was built in 2005 - and I don't recall such an emphasis on the conservatory.

Is this a new thing? Are conservatories now seen as a liability?

Jane Denton, of This is Money, replies: While conservatories were once considered a luxurious extension to a home, findings from 2023 suggested they can, in some cases, drag down the value of your property by as much as £15,000 when you come to sell up.

An outdated conservatory can also be an eyesore which will cause an immediate bad first impression for some buyers. 

Mounting concerns over Energy Performance Certificate ratings and rising energy bills mean conservatories that have not been upgraded to be more energy efficient are seen as a burden. 

David Weaver, a director at Reveal Doors and Windows, says: '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.' 

It is important for buyers to check the condition of conservatories if the home they are buying has one, however old or new it is. 

When checking a conservatory, buyers need to look at the general condition of the roof, glazing, doors and be on alert for any potential breach of building regulations. 

Even if planning permission was required but not obtained for the conservatory in 2005, the timespan for any enforcement action by the local council has long run out, unless the property is listed, which I know yours is not. 

I asked two solicitors for their thoughts on why your buyers are asking so many questions about your conservatory. 

Natalie Bradley, a partner in the conveyancing department at Stephensons, says: While it is somewhat unusual to see extensive questioning about a conservatory of this age, it is not possible to state definitively that no enquiries should arise. 

Every property is unique, and individual factors can influence the level of due diligence undertaken by solicitors.

A conservatory is legally treated as an extension, and therefore normal planning rules apply. 

If planning permission had been required at the time and was not obtained, the local authority previously operated a four‑year enforcement period within which they could act. 

As the conservatory was built around 20 years ago, this enforcement period has long since expired, meaning the local authority cannot now pursue enforcement for lack of planning consent.

If the property is listed however, the position changes significantly. 

There is no time limit on planning enforcement for unauthorised works to a listed building. 

In such circumstances, it is highly likely that consent would have been required, and you would need to demonstrate that the correct permissions were obtained, even if the works pre‑date your ownership.

Most conservatories are exempt from formal Building Regulations approval, provided that specific conditions are met. The key criteria for exemption are:

• The structure is single‑storey, at ground level, and under 30 square metres in floor area.

• It is separated from the main house by external‑grade doors.

• It has an independent heating system, separate from the main property.

• All glazing and electrical installations meet applicable Building Regulations standards.

The enforcement period for non‑compliance with Building Regulations is 10 years. As this period has passed, the local authority cannot now take enforcement action in relation to the conservatory.

In some cases, legal title may contain restrictive covenants requiring third‑party consent for additions to the property. 

However, given the age of the conservatory, most solicitors would regard the risk of enforcement as negligible.

Solicitors today tend to take a more cautious, risk‑averse approach compared with 10 or 20 years ago. 

This is often driven by changes in regulations, higher expectations with regards to due diligence and more stringent requirements imposed by mortgage lenders.

For these reasons, conservatories, particularly older ones, can attract additional questions.

 However, they should not be regarded as a liability; rather, they are an element of the property that solicitors must verify to ensure compliance and minimise risk for their clients.

Olivia Egdell-Page a partner and head of property at Joseph A Jones & Co. LLP, says: A conservatory is treated like any other home extension under the planning regime. 

They can usually be built under permitted development, as long as the works meet specific limits and conditions. 

If the build exceeds these, you would be expected to apply for planning permission.

Presuming that these conditions have been satisfied, there remains the question of building regulations and whether these would have been required for the works.

Where a conservatory is separated from the main house by an external door, and provided the conservatory is not connected to the central heating system, it is evident that that conservatory would not have required building regulations consent. 

There are further specific requirements as to the size of the conservatory, the percentage of glazing and its placement in relation to the house. 

With any historic works, however, you must consider the risk of enforcement.

For any works completed on or before 30 September 2023, a local authority is only able to prosecute and take enforcement action for any breaches of building control up to twelve months after completion of the works.

For works completed some 20 years ago, it is therefore unlikely that enforcement would be possible. 

If there is a genuine risk of enforcement, which arguably would be more likely for works completed more recently, and certainly those completed since 30 September 2023 where the enforcement period has been extended to 10 years, then indemnity insurance may be an option that your solicitor could put forward to allow the transaction to move forward. 

This would come at a relatively small cost to you  and provide peace of mind for the buyers.

That being said, if the works are as far outside any enforcement period as they seem to be here, there is a good argument that such insurance is not worth obtaining, and so perhaps your solicitor could ask the buyers to explain their concerns.

You can then look to reach an agreement as to whether this is an issue that requires insurance, or indeed whether on balance, the risk is so low that they can safely take a view and advise the buyer and any mortgage lender accordingly.