Solicitors terms | Listed buildings
A guide to listed buildings and conservation areas
1. What is a Listed Building?
When a building is described as “listed” it means that it is included on a list of buildings which are considered to be of sufficient historic or architectural interest to merit special protection. The list is drawn up by the Department of Culture, Media and Sports (DCMS) usually on the advice of English Heritage.
2. Listed Buildings are Classified Under 3 “Grades”
- Grade I – Buildings of exceptional and often national interest.
- Grade II* - Outstanding buildings often of regional interest.
- Grade II – Important buildings of special interest which warrant every effort made to preserve them.
Approximately 95% of listed buildings fall into the Grade II category.
Why are buildings listed?
There are a number of reasons why a building may be listed:-
Architectural Interest – The inclusion of all buildings which are important to the nation because of their architectural design, decoration and craftsmanship. Also buildings which are important examples of innovative building techniques or types.
Historic Interest – Buildings which display important aspects of the nation’s social, economic, cultural or military history. Also included are buildings which have a close association with nationally important people or events.
Group Value – Where buildings are listed not only for their individual merit but also for contributing to a wider area, for example a terrace, square or farm building complex.
Age and rarity will influence whether a building is of listable quality. General rules are that:
- All buildings dating from before 1700 which have not been substantially altered are listed.
- Most buildings between 1700 and 1840 are of listable quality unless altered to a significant extent.
Buildings dating from after 1840 are listed on a selective basis and will include for example works by prominent Victorian and Arts and Crafts architects. As a general rule, the later the building the more special, unusual or innovative qualities it has to have to become a listed building.
3. The List Description
The lists of Buildings of Special Architectural or Historic Interest for each District, Borough or City Council are compiled by parish or ward.
Alongside the address and grade of listing is a description of the building or structure. The description is for identification purposes and, particularly with the older lists, is often very brief and rarely contains information on interior features since the inspector seldom had the time or opportunity to go inside buildings.
It is important to remember that the listing applies to the whole of the building including the interior, and that this is the case for Grade I, II* and II categories.
It is sometimes the case that the name of a property has been changed since the surveys were undertaken, so when making enquiries it is important to provide as much information as possible, for example a location plan, to identify whether or not a building is listed.
4. How Much of the Listed Building is Actually Listed?
All of it, inside and out. There is no such thing as just a “listed facade” or “listed interior” – although many people think this is so.
5. Curtilage of Listed Buildings
The listing also covers any object or structure fixed to the buildings or any detached ancillary structure within the curtilage of the listed building if that structure was constructed before 1948.
The curtilage or land associated with the listed building will include boundary walls.
6. Getting a Building Listed
Anyone can apply to have a building spot listed. The list itself is currently administered by English Heritage and as such any applications should be sent to them. Requests for a building to be spot listed can be made to English Heritage at any time although priority will be given to those buildings which are under threat. Requests should be sent to the Heritage Protection Operations Department, 1 Waterhouse Square, London, EC1N 8YZ. As well as your reasons for wanting the building listed, you should try to include:
- the address of the property in question and a location plan showing, wherever possible, the position of any other listed buildings nearby;
- clear, up-to-date external and internal photographs where possible;
- any information about the building, e.g. date;
- details of specialised function (such as industrial use);
- historical associations;
- the name of the architect if known;
- the building’s group value in the street scene;
- details of any interior features of interest with photographs if available;
- the daytime telephone number of the owner or his or her agent who may be able to give access to the building for an inspection.
The more information which is supplied the quicker the listing process.
If you notice any discrepancies on the list i.e. change in house name or address please notify English Heritage at the same address so the list can be up-dated.
7. De-listing Buildings
There is no formal appeals procedure if your property is listed. However, if you feel a listing should be reconsidered you should send evidence to the Heritage Protection Operations Department at English Heritage as well as photographs and a location plan. This evidence should relate to the loss of special architectural or historic interest of the property. The buildings condition, the cost of maintaining and repairing it or the wish to redevelop the site are not considered valid reasons to de-list a building.
8. Do You Need Consent?
Buildings are listed in their entirety and Listed Building Consent is required from the Local Planning Authority to alter any part of it in any way which affects its character. It is not the purpose of the legislation to make it impossible to alter a listed building – rather to ensure that care will be taken over decisions affecting its future and that any alterations are carried out in an appropriate fashion, so that the architectural and historic value of the property is not compromised . A lot of listed buildings can sustain some degree of sensitive alteration or extension. In fact, cumulative changes reflecting the history, use and ownership of a building are also an aspect of the special character of a particular property. However, it is important that historic features such as original joinery, fireplaces, plaster work or panelling are retained, and that new work is carefully detailed to complement the existing building. Extensions to listed buildings may be acceptable, but they must be very carefully designed, and subservient to the character of the original building.
Generally Listed Building Consent is therefore required for all extensions, demolitions and alterations, whether internal or external, although repairs do not usually require consent if they are carried out to strictly match the original materials and detailing.
Some examples of the kind of proposals which would need consent:
(a) any extension regardless of whether planning permission may have already been obtained, or can be built under a householders permitted development rights;
(b) changes of roofing material e.g. resin bonded false slate to replace natural slate or new clay tiles in place of historic peg tiles;
(c) alterations to external wall surfaces, including painting over existing stucco or other finishes;
(d) taking down chimneys, porches, boundary walls attached to the building and other similar parts of the building is regarded as demolition in law, except where the works form part of a programme to rebuild a defective part of the building with a “like for like” replacement; and
(e) internal alterations which involve removing original fixtures and fittings, partitions and staircases.
A Local Authority has powers to prosecute owners on listed buildings who carry out work without permission, and the courts can impose an unlimited fine, up to twelve months in prison, or both. Enforcement action, to reinstate the building to its original appearance, can also follow. It is vital therefore, that before carrying out any work on a listed building, you can contact the Conservation Officer of the relevant Planning Departments.
9. Grants for Works to Listed Buildings
Grants for repairs to listed buildings are discretionary increasingly hard to find as funds are rarely available. Do not rely on obtaining one. This is particularly the case for newly acquired buildings, where generally the grant making body will assume that the purchase price took into account the cost of any necessary repair and modernisation works. Local Authorities rarely have the funds to offer grants specifically for works to historic buildings. However, there are other possibilities:
- English Heritage can grant aid to outstanding buildings, which in effect means those that are listed Grade I or Grade II*, but not usually Grade II buildings outside conservation areas. Current priority is for certain very important houses, buildings at risk, and some country houses that have been in long term ownership. Grants tend to be towards about 40-60% of the costs, and normally have a requirement for some public access or opening. English Heritage does not tend to grant aid Grade II buildings. Details from: www.english-heritage.org.uk;
- Heritage Lottery Fund cannot normally help private owners, though it can assist Building Preservation Trusts in the rescue of a building that eventually passes into private ownership.
For further information the Architectural Heritage Fund has launched a web-based directory of funds for historic buildings www.ffhb.org.uk.
10. VAT and Listed Building
It is understood that VAT can be claimed back by your builder on some works to Listed Buildings. Generally, VAT needs to be paid on repairs and ordinary maintenance but not paid on approved alterations (Listed Buildings Consent must have been obtained for any alterations on which you wish to claim back VAT). For further information contact the HM Customs & Excise National Advice Line on 0845 010 9000.
11. Conservation Areas
Conservation Areas are designated by local planning authorities as “areas of special architectural or historic interest, the character of which it is desirable to preserve or enhance”.
Conservation Areas range from the urban centres of main historic towns to small village “cores” and larger more dispersed rural settlements. Conservation Area designation increases the local planning authority’s control over demolition of buildings and over certain alterations to residential properties which would normally be classed as ‘permitted development’ and not require planning permission.
Article 4(2) Directions
Increased control over alterations to unlisted dwellings in Conservation Areas can be applied in particularly important Conservation Areas.
These can restrict alterations to such elements as roofs (including chimneys and materials), front elevations (windows, doors and porches) and front gardens (including gates and fences). The local planning authority will be able to advise on Conservation Areas and whether an Article 4(2) Direction applies.
Local Authorities have a programme of preparing Conservation Areas Appraisals which identify the special character of each Area and record the most important features. New development within a conservation area will be expected to show that its design has taken into account the features and quality of the Conservation Areas.
Conservation Areas are intended to safeguard the natural and built environment, and offer additional protection towards trees.
Some individual trees or groups of trees within a Conservation Area may be protected by a specific Tree Preservation Order (TPO). The lopping or felling of substantially sized trees within a Conservation Area requires an over to give six weeks notice to the local District Council.
For detailed advice on this matter you should contact the Arboricultural Officer at the local District Council.
12. The Statutory Obligations of Owning a Listed Building
There is no specific duty on owners to keep their buildings in a good state of repair (although it is clearly in their interests to do so), but the Local Authority does have powers to take action where an historic building has deteriorated to the extent that its preservation may be at risk.
If the Local Authority feel that a building is at risk of being lost, there are a number of courses of action it can pursue:
- Under section 54 of the Planning (Listed Buildings and Conservation Areas) Act 1990 the Local Authority may carry out urgent works for the preservation of the Listed Building after service notice on the owner. The Authority may then recover from the owners the cost of these works carried out under these provisions, subject to the owners right to make representations to the Secretary of State.
- Under section 48 of the Planning (Listed Buildings and Conservation Areas) Act 1990 the Local Authority may serve a repairs notice on the owner. This notice will specify the works which the Authority considers reasonably necessary for the proper preservation of the building. This is not restricted to urgent works.
- If at least two months have elapsed following the service of the repairs notice, under section 47 of the Planning (Listed Buildings and Conservation Areas) Act 1990 the Local Authority can commence compulsory purchaser order proceedings including the compulsory purchase of the Listed Building and any land felt to be needed for the purpose of access, amenity or management in connection with the building.
13. Owning a Listed Building
Most owners are pleased that their properties have been listed and so recognised as part of the national heritage. In many areas, the cachet of listing may add to the value of residential property. Owners wishing to alter listed buildings should be mindful not to impose their particular taste or current fashion on the building, but rather to reflect the particular character and “spirit” of their listed building, carrying out any works sympathetically. This guide is designed to provide only a general outline guidance; if you have other, more detailed questions, you should contact the appropriate Local Authority.
Useful Addresses:
- The Department for Culture, Media & Sport
2-4 Cockspur Street
London SW1Y 5DH
Tel: 020 7211 6000 - English Heritage
23 Savile Road
London W1X 1AB
Tel: 020 7973 3000
www.english-heritage.org.uk - English Heritage (South East Region)
2nd & 3rd Floor
Eastgate Court
195-205 High Street
Guildford
GU1 3EH
Tel: 01483 252000 - The Conservation Officer
Rother District Council
Town Hall
Bexhill On Sea
East Sussex
TN39 3JX
Tel: 01424 787630
www.rother.gov.uk - Tunbridge Wells Borough Council
Weald Information Centre
The Old Fire Station
Cranbrook
Kent
TN17 3HF
Tel: 01580 712771
www.cranbrook.org - Planning Control Section
The Shepway District Council
Civic Centre
Castle Hill Avenue
Folkestone
Kent CT20 2QY
Tel: 01303 850388
www.shepway.gov.uk - The Conservation Officer
Ashford Borough Council
Civic Centre
Ashford
Kent
TN23 1PL
Tel: 01233 637311 extension 262
www.ashford.gov.uk - The National Trust
PO BOX 39
Warrington
WA5 7WD
Tel: 0870 458 4000
www.nationaltrust.org.uk - Society for the Protection of Ancient Buildings
37 Spital Square
London
E1 6DY
www.spab.org.uk - Images of England
National Monuments Record Centre
Kemble Drive
Swindon
SN2 2GZ
www.imagesofengland.org.uk
Glossary of Conservation and Listed Building Terms
Article 4 Direction The local authority can removed permitted development rights through the use of an article 4 direction. This is most common in conservation areas and means a planning application should be submitted for works which do not normally require one.
Conservation Area A conservation area is an area of special architectural or historical interest, the character or appearance of which it is desirable to preserve or enhance.
Conservation Area Consent The consent required to carry out demolition in a conservation area of any building over 115 cubic metres. This is only one of a number of permissions which may be required for any works.
Conservation Officers The local authority officers responsible for advising on issues of building conservation.
Department of Culture, Media and Sport (DCMS) The government department responsible for compiling and managing the statutory list of buildings of special architectural or historic interest.
Grade The way in which listed buildings are categorised. Grade II are of special interest, warranting every effort to preserve them. Grade II* are particularly important buildings of more than special interest. Grade I buildings are those of exceptional interest.
Greenbacks The books containing the statutory list of buildings of special architectural or historic interest as well as the list descriptions. These are available to view at the Chichester District Council Offices.
Listed Building A Listed Building is one included in a statutory list of buildings of special architectural or historic interest compiled by the Secretary of State in England.
Listed Building Consent The consent needed to do works to a listed building. This is applied for through the local authority and is only one of a number of permissions which may be required for any works.
Permitted Development Minor changes which can be made to houses without planning permission. They derive from general planning permission granted by Parliament. Permitted development rights are more restrictive if you live in a listed building, conservation area or Area of Outstanding Natural Beauty.
Planning (Listed Buildings and Conservation Areas) Act 1990 The act governing works to listed buildings and development within conservation areas.
Planning Officer The local authority officer responsible for processing planning applications, listed building consent applications and conservation area consent applications and advising on planning issues.
Register of Historic Parks and Gardens A list of historic parks and gardens which are of interest and it is felt necessary to protect.
RIBA Royal Institute of British Architects. The majority of qualified architects are affiliated to this organisation.
Scheduled Ancient Monument (SAM) Nationally important sites and monuments which are given legal protection by being placed on a list, or ‘schedule’.
Spot Listing The process of listing individual buildings, particularly those under threat. Anyone can apply to have a building spot listed.
Vernacular Buildings in a local style, using local materials, following traditional building practice and patterns and not architect designed.
