Adams & Remers Solicitors

Listed Buildings & Conservation Areas

When a building is described as "listed" it means that it is included on a list of buildings which are considered to be of sufficient historic or architectural interest to merit special protection. Since 1 April 2005, English Heritage has become responsible for the administration of the listing system, although the Department of Culture, Media and Sport still compiles the statutory list.

The current legislation relating to listed buildings is contained within the Planning (Listed Buildings & Conservation Areas) Act 1990. Listed buildings are divided into three categories; Grade I, II* and II. Grade I buildings are of exceptional interest. Grade II* are particularly important buildings of more than special interest and Grade II are of special interest, warranting every effort to preserve them. Grades I & II* represent about 6% of all listed buildings and are of national importance. Grade II buildings are of local importance but they still warrant preservation.

Listing covers the whole of the building and Listed Building Consent will be required from the Local Planning Authority in order to alter it in any way that reflects its character. Repairs carried out in matching materials do not usually require consent, but it is always best to check with the Local Planning Authority before starting any work on a listed building.

The listing includes not only the main external features such as the walls and roof, but also the internal features which are fixed to the building and which make up so much of its historic character. Therefore, internal joinery such as doors, fitted cupboards and panelling are all part of the "listed" building as are other features like fire places and plaster work, and Listed Building Consent must be sought before altering or removing such features.

Listed buildings are considered particularly interesting because they show how the design and layout of buildings changed over the centuries and even the most modest listed cottage can illustrate how such buildings were planned and detailed at one particular time. For this reason Local Planning Authorities usually resist applications which propose unsympathetic subdivision or extensions.

The type of work which normally requires Listed Building Consent includes:

  • extensions and demolitions
  • repairs not carried out in matching materials (e.g. changing from a handmade clay tile to a machine made tile)
  • demolition and re-building of important features like chimney stacks
  • sandblasting stonework, brickwork and timbers (internal and external)
  • exposing timbers and brickwork previously hidden beneath plaster or lime wash
  • stripping out internal plasterwork (where it is not being replaced as original)
  • removal or alteration of internal features such as doors, cupboards, panelling and fireplaces
  • changes to the plan form of its internal rooms (e.g. blocking up door openings, removing partitions or staircases)
  • timber treatment where this involves methods which could damage the building
  • new plumbing (where this has an impact on the listed building)
  • replacement windows including double glazing
  • insertion of suspended ceilings
  • fitting of new ovens and stoves which require new flues

The Local Planning Authority will have powers to prosecute where work has been carried out to a listed building without consent. Additionally, owners who deliberately neglect a listing building may be forced to carry out the necessary repairs or may find that the Council acquires it by compulsory purchase at minimal cost.

The Planning (Listed Buildings and Conservation Areas) Act 1990 also governs conservation areas. Whether a particular property lies within a conservation area can be ascertained by enquiring with the local council.

If a given property is located within a conservation area, additional planning controls will apply to development, including:

  • the withdrawal or curtailment of certain permitted development rights (such as the right to extend houses)
  • the need for local council consent for the felling of trees or demolition of buildings or boundary walls.

For further advice contact our team direct or talk to your usual contact in the firm.