Conservation & Listed
Buildings
Conservation & Listed Buildings
Introduction
The legislation surrounding listed buildings and conservation areas is complex and many people understandably find it confusing. This article is aimed at the owners of listed buildings and properties in conservation areas. It sets out your rights and also explains your duties under law.
Why are Buildings Protected?
It is only since the Second World War that legislation has been brought in to protect historic buildings, many of which were being destroyed by development. In order to stop all our historic buildings disappearing a system of listing buildings of historical importance was introduced in 1944. Revised legislation was brought in under the Planning (Listed Buildings and Conservation Areas) Act 1990.
How are Buildings Listed?
Buildings are listed by either the Secretary of State or the Historic Buildings and Monuments Commission for England. Often buildings are brought to their notice by local people concerned by potential loss of a structure. Buildings are only listed after an inspection which takes into account not only the building itself, but also its surroundings. Thus when a building is listed it is often protected along with its surrounding gardens. There is no right of appeal against listing. Once a building is listed it is protected under law. However, applications can be made to have a building removed from the list.
What are the grades of listing and what do they mean?
The four types of protected building, in order of decreasing levels of protection, are:
Ancient Monuments
Listed Building: Grade I
Listed Building: Grade II*
Listed Building: Grade II
Building in a Conservation Area
If you are unsure whether your building falls into any of these categories you can find out by ringing your local authority and asking for the Planning Department.
It is a common misconception that grade II buildings are only listed on the outside. This is NOT true. All listed buildings are listed in their entirety with their surroundings, inside and out. In effect, you must not make any changes to a listed building internally or externally without gaining permission first.
What are the penalties if I make changes without permission?
There are two types of penalty. The first is for simply damaging the building or its surroundings. This is a fine of level 3 (currently £1000) and a daily penalty of 1/10th of that. However the penalty for an owner or occupier of a building demolishing, altering or extending it without gaining listed building consent is much more severe. For each offence it is a fine of £20, 000 (on summary) and imprisonment of six months, while for conviction on indictment it is an unlimited fine or imprisonment for two years, or both. The Conservation officer is empowered by law to enter any building at any reasonable time to check that unauthorized work is not being carried out. If necessary the officer can apply for a warrant and enter the property by force.
There are also penalties for not maintaining a listed building in a good state of repair and in extreme cases the council can enter the property to carry out proper maintenance and recover the costs from the owner.
What is a Change?
Changes are any alterations to the house or building or associated buildings inside or out that affect its historic character or the character of its surroundings. Removing a fireplace, for instance, would be a change even though the fireplace may be newer than the original house. Removing panelling or historic wallpaper would definitely be a change. The character of the house is defined as its state at the time of listing. Thus if it had PVC windows when listed, permission would have to be granted to have them replaced even if that change might be seen as being beneficial. In general the only way to comply is to seek the advice of the local authority.
How do I get Permission?
There is generally no charge for applying for listed building consent. Applications are best made through a conservation architect who will liase with the Conservation Officer at the local Planning Department. For major changes the Conservation Officer will normally ask for a full application including detailed information including the history of the property and drawings of the work proposed. Simple queries might be dealt with over the phone or after a short visit ( if no consent is required).
Conservation Areas
Strictly buildings in conservation areas are not listed. The protection afforded depends on the area in question but is normally restricted to the external appearance of the buildings and their surroundings. Like listing, making changes to these areas without permission (building porches, greenhouses, etc., changing the roof tiles, painting the house a different colour, adding a satellite dish) can be illegal and could result in severe penalties. In all cases it is best to seek professional advice before proceeding.
Advantages of Being Listed
It has to be admitted that there are few financial advantages to owning a listed building but additions or alterations to listed buildings can be VAT zero-rated. The rules are complex and repairs and maintenance are excluded. In addition there are a number of grants available for the restoration and repairs of buildings.
More Advice and Information
The more information you have about your building the easier it is to get the necessary consents. It is thus worth doing some historical research to establish exactly how old each part of your property is. The local authority will normally supply the description of the listing of your building free of charge but this will only contain basic information and may not be correct. They will also have complete details about conservation areas and what they will or will not permit in each.
If you are seeking to make an alteration you should contact a conservation architect who will be able to help you with all aspects of the application including historical research. Although many architects say they work in conservation, this is not the case. You should look for a chartered architect (RIBA) who has a specialist qualification in conservation (IHBC, DipCons, PhD, etc). They will be able to help you liase with the Conservation Officer, make an application, and ensure that you get the most out of your property without breaking the law.