BLOGS

What is listed building consent and how is non-compliance enforced?

Listed buildings are usually buildings that are:

Grade I: buildings of exceptional interest

Grade II: buildings of special interest, warranting every effort to preserve them

Grade II*: particularly important buildings of more than special interest. 

If you are carrying out works to a listed building, usually planning approval, building regulations and listed building consent will be required in relation to the proposed works.

Usually any works that are permitted require the owner to use specific materials or age appropriate techniques so that the works are in keeping with the special/historic nature of the property in question.

Sometimes the listing can apply to all structures within the curtilage of the building such as outbuildings so you should always check before you make any alterations to a property or a building within the curtilage of a listed building.

Preventing unlawful works to listed buildings is very important to heritage protection. This is why carrying out works to a listed building without the necessary listed building consent is a criminal offence.

If works have already been carried out to a listed building without consent or in breach of a condition attached to a consent, the local planning authority may serve a listed building enforcement notice. Listed building enforcement notices enable an authority to require remediation of unauthorised works to bring a building either back to its former state or where that is not possible, to alleviate the effect of the unauthorised works. 

A notice can be issued at any time – even many years after the unlawful works were carried out. It can be served on the current owner of a building irrespective of whether they, a previous owner or any other party was responsible for the works.

The notice must specify:

1.    The alleged contravention

2.    The action required by the local authority e.g. restoration, steps to mitigate etc.

3.    The time in which the action must by taken

4.    The date on which the notice comes into effect (not less than 28 days after the date of service).

Compliance with the notice is the responsibility of the current owner of the property regardless of whether that owner was responsible for the works. If you are therefore purchasing a property that is listed, your solicitor should take extra care to ensure any works carried out to the property had the relevant consent and those consents were complied with.

If the owner does not comply with the steps listed in an enforcement notice, the subsequent owner can be made to comply. Non-compliance can result in prosecution and/or the local authority carrying out the work itself and claiming the cost from the owner.

A notice is capable of being appealed before the date it is to take effect. Grounds of appeal include:

·         That the building is not of special or architectural or historical interest;

·         The alleged works set out in the notice have not occurred;

·         The works to the building were urgently necessary in the interest of health and safety or the preservation of the building;

·         That listed building consent ought to be granted for the works;

·         That the requirements of the notice exceed what is necessary to restore the building to its former condition or what is necessary to alleviate the effect of the works.

Not all works require listed building consent, only works that demolish the property or works of alteration or extension that affect the character of the building.

The offence is committed by the person who carried out the works and by anyone who caused the works to be carried out e.g. the owner and the builder. It is not a defence that the building was not known to be listed. If there is any doubt about whether consent is required, clarification should be sought from the local authority.

The maximum penalty is a two-year imprisonment or an unlimited fine.

What about properties that are in conservation areas?

Planning authorities take into account the need to preserve and enhance the area’s special character with regard to planning applications submitted in relation to properties in conservation areas. Often proposals that would alter the exterior of a building and not make a positive contribution to the character of the area are unlikely to be permitted. Proposals that would damage the character of the area would also be refused.

Often in conservation areas, permitted development rights are restricted. This means that some changes to properties that would usually fall under permitted development e.g. conservatories (subject to certain requirements), some extensions or replacement windows, may require planning permission. 

If you wish to demolish an unlisted building but which is in a conservation area, you will require planning permission. You will also always required planning permission if you wish to demolish a gate, wall, fence or other means of enclosure which is higher than one metre if abutting a highway or higher than two metres otherwise.

Unlawful demolition may be deterred and/or the effects reversed in the same way as for unlawful works to a listed building using injunctions and/or enforcement notices.  In most cases, demolition of an unlisted building in a conservation area without planning permission is a criminal offence.

What about building regulations and listed buildings?

It is a popular myth that listed buildings are exempt from compliance with all building regulations.

Listed buildings or buildings in conservation areas are not exempt from complying with building regulations. However, the special needs of historic buildings are recognised but building regulations consent is likely to be required if there has been a structural alteration to a listed building.

Where there is a lack of building regulation consent this should be requested but it can be difficult to regularise a situation if the necessary documents do not exist. If you are selling your property and do not have the necessary documentation it is likely that an indemnity insurance policy will be requested (at your cost) but of course, this only protects against any enforcement action it would not confirm the works complied with building regulations or were safe..