What is listed building consent and when might you need it?

The historic England website details all listed buildings and their grading. Generally, the older a building is, the more likely it will be listed. Buildings are not the only structures that are listed. Battlefields, monuments, and some parks are examples of listed sites.

Buildings may be listed for many reasons, including:

• Architectural interest: Design, decoration, or craftsmanship are all qualifying factors for listing a building due to architectural interest.
   
• Historical interest: A building may receive this designation if it highlights important aspects of the nation’s social, economic, cultural, or military history.
   
• Historical association: The building may have links to important historical figures, or events
   
• Group value: This is a term used to describe a group of buildings which together possess architectural or historic interest.

What works require listed building consent?

Listed building consent is required on all works of demolition, alteration, or extension if it affects the “character of the building as a building of special architectural or historical interest”. If you are looking to carry out work on a listed building, your local authority’s building conservation officer will be able to guide you on what you can and cannot do. 

Carrying out work without consent is a criminal offence. The offence is committed by the person who caused the work to be carried out and by the person who carried out said work. This means that both parties can face up to two years in prison as well as a potentially unlimited fine.

These fines can be astronomical. In 2015, an owner of a listed building in the Usk Valley was found to have carried out unlawful renovations on the property. He was taken to court and fined £60,000 and ordered to cover prosecution costs of £240,000, with a warning that failure to pay the full fine would result in a 20-month prison sentence.

It is worth noting that not knowing a building is listed is not a defence to any criminal proceedings. Furthermore, new owners of listed buildings inherit liability. This means that even if they were not party to a breach at the time it was made, as the owner of the listed building, they are liable for past works. It is therefore advised to have a survey performed on a listed building prior to purchase so that you can advise your solicitor of any works that may have required “listed buildings consent” so that they can ensure the relevant consents are in place.

The Planning (Listed Buildings and Conservation Areas) Act 1990 provides protection for specific buildings and areas of architectural or historic interest. There are around 400,000 listed buildings in England, they are classified by one of three different grades:

• Grade II buildings: These listed buildings hold the least significance out of the three, making up 91.7% of all buildings that are listed. Examples of grade II listed buildings include ‘The railway station’ in Eastbourne town centre and Ulverston railway station and ’26 Marlborough place’ which is the location of our Brighton office.
   
• Grade II* buildings: These buildings are particularly significant, and they make up about 5.7% of all listed buildings in the UK. Examples of grade II* listed buildings would include St Mary’s Church in Ulverston, Eastbourne’s Congress Theatre, and Patcham Place in Brighton.
   
• Grade I buildings: These are exceptionally important, as only 2.5% of all listed buildings are grade I. Some examples of a grade 1 listed buildings would be Marlborough House in Brighton and Compton Place in Eastbourne.

Advantages of owning or living in a listed building

Listed buildings are often found in the centres of towns and cities. This makes a lot of sense as most towns and cities have grown organically over hundreds of years, so it therefore stands to reason that older buildings of historical significance can be found in the centre of them. This central placement is desirable for many prospective homeowners.

In addition to their desirable placements, listed buildings will often appreciate faster than other properties. Whilst many factors may influence property value, the limited number of listed buildings available for purchase at any given time is seen as a key reason for their higher valuations.

Finally, many owners of listed buildings feel a connection to the history of the building. This will likely change from building to building, and from person to person, but this understanding and appreciation of the historical significance of one’s home is, to many, invaluable.

Potential hindrances of owning or living in a listed building

Whilst owning a listed building can be a desirable prospect for many, there are also some potential challenges that should be considered before proceeding with the purchase of one:

• You may not be able to make desired alterations to your building.
   
• Listing buildings consent is not always straightforward, and there are often grey areas.
   
• Listed buildings often require more maintenance and repair due to both their age and the materials used in their original construction.
   
• Insurance for listed buildings is often harder to obtain than for regular buildings.
   
• Unauthorised work may be a criminal offence and could lead to imprisonment.
   
• Not all mortgage lenders will lend on listed buildings, therefore making it difficult to sell in the future.

Contact our residential property solicitors today

If you are looking to purchase or sell a listed building or if you need advice regarding listed building consent, we can help. We provide competitive conveyancing rates without cutting corners. Our conveyancing solicitors will assist and guide you through the process in a friendly and efficient manner.

We have offices in London, Brighton, Eastbourne, Hastings, Uckfield, and Ulverston, and we work with clients across the country.