We have probably all heard of a building being ‘listed’ but what does it mean - and what does it matter?
The short answer to the first part of the question is that it is a building of particular architectural or historic interest that is on a list maintained by the government. There are about half a million of them in England and Wales.
‘Listing’ began after WWII as a reaction to the loss of many important buildings to the bombing. It is a relatively informal process against which there is no right of appeal. Exceptional buildings, about 2%, are designated Grade 1. Particularly important buildings, about 4%, are Grade 2* and buildings of special interest, the rest, are Grade 2. Once listed a building is likely to stay listed. There is a right to apply to take it off the list but that can only be on the basis that some mistake has been made, not just that the owner is rather annoyed by it all.
Why does it matter? A listed building is heavily protected against inappropriate development. It is a criminal offence to carry out work that affects the character of the building without getting consent from the local council to do so. The penalties can be severe and may include a requirement to re-instate to how it was. And the legal protection is not limited to the actual building itself – it may include objects fixed to it or separate structures in the garden that have been there since before1948.
Dutton Gregory planning partner, Stephen Bowden said “Unlike certain other breaches of planning control, there is no immunity period against a council taking civil action to enforce against work that has been done to a listed building without its consent. Nor does it make any difference that you weren’t the one to do it!”
Anyone acquiring a listed building, or proposing to do some work to it, must be very aware that although it may be an absolute delight to own it comes with baggage and some heavily armed protection. A careful check of its planning history and a call to the council may save a lot of angst – and cash!
Stephen can be contacted at Dutton Gregory on 01962 844333.
