Table of Contents
- Obtaining Listed Buildings Consent
- The Laws Around Listed Buildings
- Unauthorised Works On A Listed Building
- Buying A Listed Building
- How Can I Find Out If My Building Is Listed?
- Listed Building FAQ
- Where to Apply For Listed Building Consent
- How Long Does It Take To Get Listed Buildings Consent?
- Can I Build An Extension On A Listed Building?
- Do Internal Renovations Need Listed Buildings Consent?
- What Are The Conditions Of Listed Building Consent?
Obtaining Listed Buildings Consent
What Is A Listed Building?
Listed buildings fall into three categories:
- Grade 1 Listed Buildings make up only 2.5% of the total and these are buildings of ‘exceptional interest’.
- 5.8% of listed buildings are categorised as Grade 2* (grade two star) and these buildings are of ‘more than special interest’.
- The remaining 91.7% are Grade 2 and are buildings of ‘special interest’.
If you are buying a very old property and it has a listed status you will need Listed Buildings Consent before you can carry out any demolition, extension or alteration to the structure.
What Type Of Buildings Are Listed?
Although many listed buildings are large National Trust and Heritage properties there are plenty of examples of small and seemingly insignificant properties that may have listed status.
These include terraced houses, unusual buildings like windmills, watermills and small cottages. In general any building that was constructed before 1700 and is still standing will have listed status as will any property built between 1700 and 1850.
A property constructed less than 30 years ago will not be listed simply because it has not stood for long enough. All listed buildings are on the NHLE (National Heritage List for England) and anyone can ask for a building to be listed and added to this register.
Does Listed Status Apply To The Whole Building?
Listed status covers the whole of a building unless otherwise stated. This includes any extensions or additions and all fixtures. Each building is unique so check with your local planning authority before making a proposal for any changes to the structure.
The Laws Around Listed Buildings
Listed buildings are subject to special controls. If you carry out unauthorised works on a listed property you could receive a fine of up to £20,000 or even spend time in prison. However, not all works require consent. If you are changing the character of the building, demolishing some or all of it, adding an extension or making a large alteration you will need listed buildings consent.
Making changes to a listed building and claiming you did not know the property was listed is not a defence under the law.
Under the Planning Act of 1990 any unauthorised work carried out on a listed building must be made good at the owners expense. Examples of unauthorised works include the following:
- Removing internal doors
- Making new openings or removing walls
- Installing roof windows
- Painting the exterior a different colour
- Installing new windows that are inappropriate e.g. PVC
- Changing staircases
Buying A Listed Building
Buying a property that is listed can cause problems so a survey and thorough searches are needed to ensure that no unauthorised work has already been carried out. If this proves to be the case you will be liable as the new owner to carry out remedial work at your own expense.
There are no specific local authority grants available for maintaining or repairing a listed building. A grant may be available from English Heritage depending on the type of work.
How Can I Find Out If My Building Is Listed?
Using a postcode or keyword you can search the National Heritage List for England. The results will show if your property is listed and what it has been graded. If you cannot find your property on the register but are still unsure you can contact your local authority or the help desk at the NHLE.
If you building is registered as listed it does not necessarily mean you cannot make any changes at all. You will need to ask for listed building consent before starting any work unless the work is the very minimum required to make the building safe.
Listed Building FAQ
What Is Listed Building Consent?
Listed buildings consent is granted by local planning authorities and is required for all works on listed buildings that affect the structure and character of the property. Any changes to listed buildings must be sympathetic and appropriate to the original character of the building. Work may involve using certain materials. Listed buildings consent protects the unique and rare buildings in the UK.
Are There Any Grey Areas Around Listed Building Consent?
In general an architect and a conservation officer will fully agree on specifics for any restoration or alteration to a listed building. In some areas there may be room for compromise especially when the architect is highly experienced in restoration of old properties. Under current legislation no work should commence without full listed building consent.
Is Listed Building Consent the Same as Planning Permission?
No, the two applications are different. Planning permission takes into account other areas than the impact of work on the heritage of a building. The local authority will look into the wider effects on the surrounding area and not just how the building is affected. You may need both planning permission and listed building consent for work on any listed building.
Where to Apply For Listed Building Consent
The first step to obtaining listed building consent is to consult the local planning authority conservation officer to confirm whether or not consent is required. In order to do this you will need to have a plan in place of the work you want to carry out. The officer will be able to help you to understand whether your plan is acceptable or needs to be altered before you apply for consent. Priority is given to preserving the structure and the special features that give a property listed status.
How Long Does It Take To Get Listed Buildings Consent?
Once an application to make changes to a listed building is received it will be considered by the local planning authority. The consent can take up to eight weeks to be approved for Grade 11 listed buildings. However, if work is urgently required to make the building safe you can discuss this sooner with the planning department. For a property that is graded 1 or 11* the consent can take longer.
Can I Build An Extension On A Listed Building?
An extension to a listed building may be approved under certain conditions. When assessing planning consent the authority will want to see that the extension is designed so that it does not change the special historical interest or architecture of the property. To this end most extensions that receive listed buildings consent will be modest and will use specific materials that do not detract from the original character of the building.
Do Internal Renovations Need Listed Buildings Consent?
Listed building consent is different to planning permission. Most internal alterations do not require planning permission but internal changes to listed buildings will need formal approval. You cannot remove historic fireplaces, decorative plaster mouldings and panels or staircases. These features often help to create the listed status and therefore you do need approval to make any changes.
What Are The Conditions Of Listed Building Consent?
There are a list of principles that are applied to any listed building consent. If the conditions are not met the consent is unlikely to be granted. A few of the common conditions attached to the consent are listed below:
- Preservation of certain features
- Use original materials
- Detailed plans
- Time period of 3 years after the consent is granted
- Access to the site to ensure compliance
The full list of conditions attached to the listed buildings consent will be set out by the local planning authority. Always check before beginning any work, internal or external, to a building which may be listed. If you are unsure check with your local planning authority.
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