THERE are more than 374,000 listed buildings in England whose owners are required to adhere to special protections that come with the properties.
Protecting the special architectural and/or historical character of the buildings means owners must be cautious when deciding whether to make any changes to their property.
This includes considering whether proposed works will have an impact on the architectural and/or historic interest of the listed building.
If so, the works might need listed building consent from the local planning authority, and owners may require advice from a specialist surveyor, as it is not just changes to the exterior of the building that are included.
The listing of a building also includes the protection of fixed objects and structures, such as fireplaces or walls around a garden linked to the house.
Objects or structures built before 1948 within the curtilage – essentially, the grounds – of a building are also protected.
Barns, boundary walls, sundials, stable blocks, chimneys, wall panelling, lights and painted or plastered ceilings can be included within the protections.
In some cases, even objects such as sculptures and paintings have been included.
Once an assessment of the proposed works has been carried out, if the owner and their advisors believe that the works will affect the special architectural and/or historic interest of the listed building, he or she must obtain a listed building consent from the local planning authority before any works can begin.
This consent is required in addition to complying with all applicable building regulations and obtaining planning permission if necessary.
Planning permission will only be required if the works the owner wishes to carry out are also considered to be development as defined by the Town and Country Planning Act 1990, and this is, again, an area where many owners will need to take specialist advice.
In addition to listed building consent, listed buildings are also protected from change by often being excluded from the permitted development rights in the Town and Country Planning (General Permitted Development) Order 1995 (” the Order”).
This generally allows the owners of unlisted properties (outside of special protection areas) to carry out various minor developments without the need for applying for a specific planning permission as the permission is deemed to be granted already under the Order.
Where works are carried out without the necessary listed building consent, the local planning authority is able to take enforcement action at any time, requiring the owner of a listed building, even if that owner did not actually carry out or permit the works themselves, to bring the listed building back to its former state.
Where that is not possible action will be required to lessen the effects of the unauthorised works as much as possible.
Carrying out unauthorised works to a listed building can also result in criminal proceedings, so it is important for the owners of listed buildings, or those interested in buying a listed building, to be aware of its extra protections, and to make sure that any works carried out have been properly authorised.
For more information, contact Sarah Hodge on 01892 506274, or at sarah.hodge @cripps.co.uk.