Known as the “Hound of Holborn” to the property community, Charlie Davidson is a Senior Associate in Bishop & Sewell LLP’s highly regarded residential property team. He deals with a wide range of legal matters involving complex and/or high value property matters in London and the Home Counties.
A building is generally listed as a recognition of its architectural and cultural value. Listed buildings in England come under the protection of the English planning system, so that they may be preserved for future generations. Around 500,000 buildings are estimated to be on the National Heritage List for England (NHLE), including many residential properties. (It should be noted that this article only discusses listed properties in England, as listed properties in Wales have their own separate legislation).
Buying a listed property can bring with it unique challenges and responsibilities that you must be aware of during the conveyancing process and beyond.
A listed building is defined by section 1(5) of the Planning (Listing Buildings and Conservation Areas) Act (1990) as “a building which is for the time being included in a list compiled by or approved by the Secretary of State”. In this case, the power falls to the Department for Culture, Media and Sport. When you own a listed building, you are not just a registered proprietor; you are also a custodian of part of this country’s heritage. While a privilege, this duty also comes with a certain amount of responsibility.
There are three grades of listing, based on a building’s architectural or historic interest:
- Grade I: These are buildings of exceptional national importance. Approximately 2.5% of properties on the NHLE are Grade I listed;
- Grade II*: These are particularly important buildings of more than special interest and have some national significance. Approximately 5.5% are Grade II* listed; and
- Grade II: These are buildings of special interest, warranting every effort to preserve them, but tend to be of more local importance.
Once a building has been listed, it will normally require listed building consent before it can be demolished, altered or be extended. This is a separate issue from any planning permission you would normally encounter. Consent may be required in tandem to planning permission or on its own.
Listed building consent is required for either the total demolition of a listed building, or for any alterations or extensions that would affect the listed building’s character, whether inside or outside the property.
It is important to note that not all works will require consent. Consent is only required for works, such as internal or external alterations, that affect the character of the building. This can be a matter of individual judgement and as such there is scope for differences of opinion between the local planning authority, which has the ultimate say, and the listed building’s owner.
What happens if I do not obtain consent?
Under the Planning (Listing Buildings and Conservation Areas) Act (1990) if work is carried out that should have had consent, the local planning authority has several options.
Firstly, the planning authority could pursue Criminal Prosecution of the people who actually carried out the work in question and the people who allowed the work to be carried out. Prosecution does not require the reversal of any unauthorised works to a listed building. Its purpose is to punish the offender and act as a deterrent to others. The punishment can range from an unlimited fine or up to two years imprisonment (or both).
Secondly, they could serve a listed building enforcement notice. If works are carried out to a listed building without listed consent, enforcement can require the owner to bring the building back to its former state. Unlike breach of planning permission or building regulations, there is no immunity period for listed building enforcement action.
Alternatively, the planning authority could apply to the court for an injunction, which is the only way the local authority can act against an anticipated breach of listed building control.
If you are buying a listed building, it’s important that any works to the property have been authorised by the relevant people. While the criminal liability discussed above can only be imposed on the people who carried out the work, enforcement actions can be taken regardless. This could force you to reverse any unconsented works that the previous owners carried out, which can prove very costly.
For more information about Bishop & Sewell’s residential property services please contact Charlie Davidson Senior Associate in the firm’s Residential Property team: [email protected] or follow Charlie; Hound of Holborn on LinkedIn.
The above is accurate as at 24 February 2025. The information above may be subject to change.
The content of this note should not be considered legal advice and each matter should be considered on a case-by-case basis.
This article is intended as a general summary on the law – no reliance should be placed on it.
