Definition
A “Listed Building” is the common term for a
property that is on the list of buildings of “special
architectural or historic interest” compiled by the
secretary of state for National Heritage.
Buildings are listed as being either Grade I, Grade II*
or Grade II.
About 95% of listed buildings are Grade II only a few qualify
for the higher grades.
Legislation
Statutory provisions relating to “Listed Buildings”
are contained in the following acts:
- The Planning (Listed
Buildings and Conservation Areas) Act 1990.
- The Town &
Country Planning (Listed Buildings & Buildings in
Conservation Area) Regulations 1990
- The Planning and
Compensation Act 1991.
This
legislation is in addition to other statutory provisions.
Listed Building Consent does not exempt the applicant from
the need to obtain other approvals, e.g. Planning Consent,
Building Regulations approval, etc. There is however no
application fee for Listed Building Consent.
Extent
of Listing
It is important to note that the extent of the listing is
not just that described on the statutory listing.
The “Listed Building” is the whole of the premises
inclusive of any object or structure fixed to the building
and any object or structure situated within the curtilage
of the building since before 1947.
Listed
Building Consent
Authorisation is required to carryout, or cause to be carried
out, any works of demolition, alteration or extension to
a Listed Building. Failure to obtain such authorisation
is an offence. The maximum fine upon conviction is £20,000
and in addition the court will give consideration of any
financial gain. The council have powers relating to enforcement
notices and compulsory purchase. There are also ways to
seek compensation if consent is refused.
It
is not possible to obtain “outline” Listed Building
Consent and in accordance with Planning Policy Guidance
Notes 15 & 16, the council can insist that an historic
evaluation is carried out prior to even accepting an application.
Details will be advertised on the site and in the local
press, along with consultation of various groups e.g. The
Society for the Protection of Ancient Buildings
Repairs
Works that are “repairs” and not “alterations”
do not require consent. The extent of what can be considered
to be a repair is often subjective and it is recommended
that confirmation as to whether consent is required for
items of work should be obtained from the council before
proceeding.
V.A.T.
Special V.A.T. rules also apply to listed buildings with
most alterations being “zero rated”, repairs
however are not. In any large project it is often the case
that some items will be exempt from V.A.T. whilst others
aren’t and an evaluation by H. M. Customs may be necessary.
Grant
Aid
There are a number of sources of financial assistance available
for work to listed buildings, particularly to the higher
grades. These are usually only for work of repairs and are
often given with conditions and requirements regarding the
nature and extent of work. |
