Listed Buildings are known to be special buildings but owners and occupiers of these buildings usually have bigger hoops to jump through and higher costs to make even simple changes to their property.
In this article we will address the 4 most commonly asked questions we receive at Hamilton Darcey LLP.
What is the difference between a listed building and a building within a Conservation Area?
A Listed building is one included in a list approved by the Secretary of State under the Planning (Listed Buildings and Conservation Areas) Act 1990. A listing means that the building makes a contribution to the specialness of England’s diverse historic environment. The ‘List’ originated in 1882 when the first powers of protection were established. These developed into what we know today as statutory ‘listing’ just after the Second World War. Under the aforementioned Act, every local authority can designate as Conservation Areas, areas they determine to have special architectural or historic interest, to enable their character or appearance to be preserved or enhanced. A building can be both listed and located in a Conservation Area. A building within a conservation area will be subject to less restrictive obligations than listed buildings.
Can I do any works to a listed building without consent?
Generally listed building consent must be applied for in order to make any changes to the building, which might affect its special interest. You can maintain the property using like-for-like materials and traditional repair and redecoration methods, without prior consent. The term ‘like-for-like’ put simply means that any repair is exactly the same as the existing in all respects including material, colour, texture and detailing.
It is very important to remember that even wallpaper or bathroom fittings can be listed. Unless parts of it are specifically excluded in the list description, the listing covers the whole building, including the interior. Hamilton Darcey were recently asked to inspect a property where we found the contractor had tools in hand ready to remove a lath and plaster ceiling. We were just in time to advise that listed building consent was required before any demolition works could be carried out.
Don’t forget that it is a criminal offence to carry out work which needs listed building consent without obtaining it beforehand!
If in any doubt we recommend seeking written advice from the local planning authority in advance of any alterations taking place. Not having the correct consents can result in receiving an enforcement notice from the local authority or result in significant cost and time implication in putting works right or reinstating back to original, not to mention any potential fines.
Can I repair or alter my windows?
The majority if queries we received are to do with repairs to windows to listed buildings. Maintenance work, such as redecorating and repair of windows will not generally require listed building consent. Work other than basic maintenance is likely to require permission from the local planning authority.
How long does it take to get consent?
Once the local authority has registered the listed building application, it usually takes eight weeks for a decision. If consent is denied, then the programme can significantly increase as you look to find an agreement with a Conservation Officer. For this reason applications should not be an afterthought and should be prioritised when planning works. Planning permission may also be required if the works include alteration to the external parts of the listed building, and may affect the character of the building. As part of our due diligence at Hamilton Darcey LLP we check at the outset whether a property is listed. It is important to tailor our approach to working on a listed building and for us to be open and transparent with any budget implications.
