There is no doubt that when it arrives, the Building Safety Bill will shake up the block management industry. New expectations around the information that should be available about a building’s history and the level of accountability owners will have for its safety will be causing many to consider building safety improvements.
Making these improvements can be especially difficult for those managing listed buildings, where an absence of information and an extensive permission process can easily mean works not being completed from six months to a year after they have been planned.
What is a listed building?
A listed building is one that has been placed on one of four statutory lists maintained by different local authorities depending on where in the United Kingdom the building is located: Historic England in England, Historic Environment Scotland in Scotland, Cadw in Wales, and the Northern Ireland Environment Agency in Northern Ireland. In Ireland, a listed building is known as a ‘protected structure’.
Gathering information
Depending on the date of conversion, the availability of information can be a major block when it comes to listed buildings. This will pose a particular challenge when it comes to the Building Safety Bill’s requirements for a ‘golden thread’ of building information to be available. Design, planning and construction information can be particularly difficult to come by for listed buildings, especially ones built before the 20th century.
Even a more recent conversion can be limited by the availability of details from the developer – especially if they have subsequently gone out of business or restructured. In some circumstances, your local planning office may have useful documentation on your building.
Arranging risk assessments and surveys
In the absence of documented information, the best way to learn about the safety of a listed building is often through risk assessments and surveys.
These include assessments for fire safety, asbestos and electrical safety. Knowing the materials and construction of a building is vital for fire safety. If these details are not known, an intrusive or Type 2 fire risk assessment, in which physical samples are taken of a building’s materials, may be required. This will require the permission of the freeholder.
Before an intrusive assessment is carried out, the building should be inspected for asbestos if its presence is unknown.
The popularity of asbestos in the 1950s and 60s makes it a particular hazard to be aware of in newer listed buildings. You will need to know if asbestos is in the building and where, if it has been removed properly, what it has been replaced with and whether the procedure has been done safely.
Tracking remedial measures like this and keeping records is vital for maintaining safety, especially when it comes to complying with the Building Safety Bill. Prior to a risk assessment, know your building intimately. The better you are able to instruct the assessor, the more thorough a job they will be able to do. If possible, try and be there when the assessment is carried out.
Getting permission for safety works
If an assessment had identified the need for safety works, permission must be sought from the local authority. A listed building cannot legally be demolished, extended, or altered without this permission.
If you believe the required works to a building will not affect its character as a building of special architectural or historic interest, and therefore do not require planning permission, you can apply for a Certificate of Lawfulness, also known as a Lawful Development Certificate. For a successful application, you must provide enough information to prove why the works should be lawfully permitted.
For other works of alteration, direct permission must be obtained by submitting an application. Authorities aim to have decided on each application within eight weeks. This includes a statutory 21-day consultation period so that neighbours and other interested parties can comment on the proposal.
Applications for listed building consent can take a long time to complete because of the level of information required, plus the external documentation that must be provided, such as surveys, plans and certificates. For this reason, many choose to use a third party surveyor to complete the application for them.
If you’re unsure whether the works will require permission, consult your local authority’s Conservation Officer. Alterations that have been carried out without permission will likely affect an owner’s ability to sell the building and reduce its value.
Building Safety Bill
For more information on the Building Safety Bill and how it will affect the industry, watch our on-demand webinar Building Safety Reform: What It Means for Block Managers, featuring discussion and analysis from industry leaders Andrew Bulmer, CEO of The Institute of Residential Property Management (IRPM), Nigel Glen, CEO of The Association of Residential Managing Agents (ARMA) and Shaun Lundy, Director of Strategy and Innovation at Tetra Consulting.
Disclaimer: This article is intended for information only and does not constitute legal advice.
