Chartered Surveyor

Legal Requirements

Legal requirements: listed buildings and building situated in conservation areas

An owner has legal responsibilities, irrespective of whether the house and buildings are modernised. Looking after a building of a historic nature must go well beyond normal maintenance. Some buildings are so special that the public interest is affected and protection of such buildings is currently provided under the Planning (Listed Building and Conservation Areas) Act 1990 (currently under review). The general policy in respect of conservation is set out by Policy Guidance Note15.

Owners of Listed Buildings are encouraged to seek expert advice on whether any proposed works require Listed Building Consent, and on the best way to carry out any such works to their property. It should be possible to obtain such expert advice from a Specialist within the Local Planning Authority, English Heritage, or indeed, ourselves.

Initially, the owner is encouraged to undertake a detailed record of all buildings and plant etc prior to any alteration, demolition or extension, which affect its character, its structure or fabric, even though these works may not need Planning Permission. This therefore also includes where interior work of significance will be lost, affected by sub-division or substantially rebuilt.

It is a criminal offence to demolish or alter the character of a Listed Building without Listed Building Consent. Equally, under S54 of the Planning (Listed Buildings and Conservation Areas) Act 1990, the owner can be required to carry out works as considered urgently necessary for the preservation of the buildings on site. If he fails to carry out such work, the Authority may undertake the work, with costs recoverable from the owner. (Subject to conditions). The intention of the legislation, however, is not necessarily to prevent change but rather to control it so as to maintain the essential character for which the building was Listed.

There is a popular misconception that only the exterior of the building is Listed; this is not the case, as the whole building is legally protected. Protection is given even to small items and details which can make an important contribution to the architectural and historic character of the building. This can also include outbuildings within the curtilage.

Listed Building Consent will therefore have been required for the following works undertaken at this property:

  • Any alteration to the fabric to alter/incorporate Services.
  • Any alteration to the character of the building or its setting. This includes works within the boundaries of the property, such as the Garage; or alteration to internal or external features, such as window frames, drains etc.
  • Introduction of fittings.
  • Demolition or Reconstruction of any element of the building, including temporary removal. There is a general presumption against demolition.

In addition, any alterations to Services may require compliance with Building Regulations; Building Regulation approval will be required, in addition to Listed Building Consent for any material alterations, such as underpinning; and Fire Regulations/Fire Certificate may be required in respect of any accommodation at second floor level.

Broad Principles To Be Observed

  • Meticulous recording before the work is carried out.
  • Minimum intervention to the historic fabric to secure the future of the building. i.e. the original fabric should be retained where possible.
  • Honesty in repair or restoration. Any alterations or repairs should not attempt to hide their presence.
  • Recognition of the sanctity of historic fabric, and the need to keep the historic plant. Equally, recognition that the buildings on site represent a useful resource and asset, capable of serving a modern function or purpose. Replacement of degraded or defective fabric may be influenced by Health & Safety standards, including the possibility of land contaminants on site, structural stability, and unacceptable deterioration.
  • Respect for past alterations that contain any conceivable historic interest.
  • Abstinence from any and all speculative restoration or reconstruction. No attempt should be made to reconstruct or reinstate the demolished or altered buildings, unless accurate and detailed records are available.
  • Wherever possible, all work should be reversible.

It is therefore important for an owner to consult the Local Authority Conservation Officer or English Heritage at an early stage to ensure that historic fabric is not inadvertently lost. Advice notes are available from the Local Authority, and we advise you to familiarise yourself with these before committing yourself to purchase.

VAT: Under certain circumstances, “approved alterations” to a protected building for which Listed Building Consent is obtained, can be zero-rated for VAT. You are recommended to consult with Customs & Excise, prior to commencement of any work to verify whether the intended works can be “zero-rated”.