A Guide to Listed Buildings

Listed buildings are important historic buildings which have been selected for designation by the government’s advisor on historic building conservation – Historic England Guidance on Listed Buildings. Listed buildings and structures are all included on the government’s lists of buildings of special architectural or national importance.

Listed buildings and structures are placed in one of three grades, which give an indication of their relative importance – grade I, grade II* or grade II. Grade I and II* listed buildings form a small proportion (about 6% nationally) of all listed buildings. The statutory controls on alterations and the need for listed building consent apply equally to all listed buildings whatever the grade.

Buildings are added (or removed) from the list by the Department of Culture, Media and Sport – Listing, Archaeology and World Heritage branch, on the advice of specialist inspectors employed by English Heritage. A building is added in one of 3 ways:

• Periodic re-survey of a borough or district
• Studies of particular building types e.g. post-war housing
• Spot listing of individual buildings under threat

(There is no requirement to consult the owners before a building is listed but unless an inspector is aware of a specific threat, they will contact the owner. There is also no right of appeal against a listing and no right to compensation for loss of redevelopment opportunities.)

The Listed Buildings Online system provides a searchable database of all listed buildings in England. Images of most listed buildings are included on the Images of England web-site, but there are some exceptions. The National Monuments Record can provide datasets of various heritage assets.

The Listed Buildings Online system provides a searchable database of all listed buildings in England. You may be able to find your property on the Images of England web-site, but it does not include all listed buildings. It should be noted that although your building may not be directly listed it may be “curtilage listed”.

This is where buildings, structures or objects are ‘deemed’ to be listed by virtue of being within the curtilage of a listed building. Curtilage listed buildings, structures and objects are afforded the same protection and restrictions imposed as a listed building with its own listing entry.

(Curtilage is defined as the enclosed area of land around a dwelling. It is distinct from the dwelling by virtue of lacking a roof, but distinct from the area outside the enclosure in that it is enclosed within a wall or barrier of some sort. It is typically treated as being legally coupled with the dwelling it surrounds despite the fact that it might commonly be considered “outdoors”.)

The majority of guidance in relation to establishing whether an object or structure is curtilage listed comes from Case Law and can be complicated.

Firstly you must find out if the object or structure in question was within the curtilage of the main listed building on or before 1st July 1948. This may require investigation into such issues as land ownership; use of function of the land etc. If the building or structure was built after 1948, it cannot be curtilage listed.

In broad terms one building or structure is likely to be in the curtilage of another if, at the date of listing, there was a clear relationship between the buildings: specifically that one was ancillary (subsidiary) to the principal listed building in function, the buildings had common ownership or occupation and the ancillary building was not physically fenced off at the time of listing to form two separate curtilages.

(Curtilage is defined as the enclosed area of land around a dwelling. It is distinct from the dwelling by virtue of lacking a roof, but distinct from the area outside the enclosure in that it is enclosed within a wall or barrier of some sort. It is typically treated as being legally coupled with the dwelling it surrounds despite the fact that it might commonly be considered “outdoors”.)

It is often not clear whether a building is curtilage listed.

The Department of Culture, Media and Sport will consider a request to review a listing providing the request is accompanied by new evidence relating specifically to the architectural or historic interest of the building. (Evidence about a building’s condition and cost of repairing or maintaining it or redevelopment plans can not be considered by the DCMS.)

If you want a building to be listed or a listing to be reconsidered, you must write to:

• Department of Culture Media and Sport
  Listing, Archaeology and World Heritage Branch
  2-4 Cockspur Street
  London SW1Y 5DH

You do not need to be the owner of a building. Alternatively, you can request a new listing via English Heritage, who provide a pro forma on their web-site.

The DCMS does not normally consider a request for de-listing when:

• There is a current application for listed building consent relating to the building
• There is an appeal against refusal of consent
• If any legal action is being taken the Local Authority

Any request for a listing review should be accompanied by:

• A justification for adding (or deleting) a building
• Location plan
• Clear up-to-date photographs
• Any other historical information on the building

There is no requirement to consult the owners before a building is listed but unless an inspector is aware of a specific threat, they will contact the owner. There is also no right of appeal against a listing and no right to compensation for loss of redevelopment opportunities.

Further information is available on the Planning Portal or on the Local Authority web-site. Also see Registered Heritage Assets.

Once a building is listed, consent is normally required for:

• its demolition, in whole or in part
• any works of alteration or extension which would affect its character as a building of special architectural or historic interest
• any repair work that could affect the historic character of the building
• replacement of historic features, fittings or fabric

It is a common misconception that only the exterior of a building is protected, the protection extends to both the interior and exterior of the property. Protection also extends to curtilage-listed buildings or structures.

The issues that are generally relevant to the consideration of all listed building consent applications are:

• the importance of the building – its intrinsic architectural and historic interest and rarity nationally and locally
• the particular physical features of the building (including its design, plan, materials or location). (You may want to refer to the list description, which may draw attention to features of particular interest or value, but they are not exhaustive. )
• the building’s setting and its contribution to the local scene. For example where it forms an element in a group, park, garden or other townscape or landscape, or where it shares particular architectural forms or details with nearby buildings
• the extent to which the proposed works would bring substantial benefits for the community, in particular by contributing to the economic regeneration of the area or the enhancement of its environment (including other listed buildings)
• the justification for the works and their impact on the special interest of the listed building

Altering or demolishing a listed building without consent can attract heavy penalties – large fines and even imprisonment.

An offence is committed unless works have been specifically authorised.

Only if works are essential because of public safety can a case be made for demolition, but even then a Dangerous Structure Notice has to be served by the Council.

Regular maintenance and minor ‘like for like’ in situ repairs do not need listed building consent. However, where repairs involve alterations or the complete replacement of historic fabric or features, which would affect the character of the listed building, consent will be required.

If you are in any doubt as to whether the works you are proposing would be classed as repairs, please contact the Council with details of your proposals (drawings; sketch plans, photographs etc).

Internal painting and decorating does not generally need Listed Building Consent, unless a historic scheme of decoration would be affected, but any external painting may require consent as it could affect the character of the Listed Building.

Internal alterations, including removal of historic doors, fireplaces or plaster work or replacement of external doors or windows require listed building consent, to ALL elevations. Why should I retain the current windows?

Replacement of modern kitchen and bathroom fittings does not require consent; however listed building consent is required for the replacement of surviving historic fittings, for example bathroom fittings, tiling etc.

Emergency work can be carried out to a listed building without prior consent providing you can subsequently prove all of the following:

• That the works were urgently necessary in the interest of safety or health or for the preservation of the building
• It was not practical to secure public safety or health or preserve the building by works of repair or temporary support or shelter
• That the work was limited to the minimum measures immediately necessary
• That notice in writing justifying in detail the work was given to the Council as soon as reasonably practicable

Not necessarily. It invariably depends on the Council’s budget. Further information on grants for the conservation of historic buildings and areas can be found on the Council’s web-site. Also see www.ffhb.org.uk.

It is a criminal offence to carry out any works of alteration to a listed building in any manner, which would affect its special interest, internally or externally. So too, is the demolition of all or part of a listed building or of a building in a Conservation Area. Carrying out such works without permission leaves the owner, developer and building contractor liable to prosecution, fines and even imprisonment. The local authority can also require the person responsible to restore the building to its state before work commenced or to carry out works to mitigate the effects of the damage under a ‘listed building enforcement notice’.

Where a building which is listed or in a Conservation Area is allowed to fall so far into disrepair that it is at risk, local authorities are able to serve an ‘urgent works notice’. This enables the local authority to carry out any works, which are ‘urgently necessary’ and then recover the cost from the owner. However, urgent works notices can only be served where buildings are unoccupied or on those parts of a building which are unoccupied.

Further powers are available under a ‘repairs notice’ where a listed building is not being properly preserved. If no action is taken as a result, the local authority may then seek the authorisation of the Secretary of State for a compulsory purchase order. In those rare instances where the threat of acquisition is insufficient to prompt action, the local authority can acquire the building for immediate sale to a building preservation trust.