Planning
A Guide to Buying A Listed Building
Last revised: 7 October 2008
CONSERVATION SECTION,
Kennet
District Council,
Browfort,
Bath Road , Devizes, Wilts. SN10 2AT.
Tel: ( 01380 724911
)
e-mail: conserve@kennet.gov.uk
WHAT IS A “LISTED” BUILDING?
A Listed building is one which has been entered on
the register of “Buildings
of Special Architectural or Historic Interest,” commonly known as “The List”. In addition to having
architectural or historic interest, a building may also be listed because of its group value.
Buildings
are entered on The List by English Heritage.
WHAT DOES THE “GRADE” OF THE BUILDING MEAN?
Buildings are listed into one of three grades to reflect their level of significance:
I
– Buildings of Outstanding Interest
II* – Buildings of Particular Interest
II
– Buildings of Special Interest
The listing covers the entire building, regardless of grade, and covers:
-
The building itself (internally and externally)
-
Any object or structure fixed to the building
Any object or structure (i.e. wall/outbuilding) within the curtilage of the site/grounds which may affect the setting of the building and dates to pre-1948.
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WHAT IS THE LIST DESCRIPTION
There
are almost
4000 listed buildings within Kennet. Each listed building has a brief descriptive entry in the register.
The entry is provided simply as a means of identification and is not a legal definition.
Contrary to belief, it is not a comprehensiveor exclusive record of all the features which
are considered to make a building worthy of listing.
Sales particulars
often indicate whether a property is listed. If you are unsure whether a property is listed or require
confirmation of the grade, you may check with the district council.
RESPONSIBILITIES
It
is an important
role to look after a listed building and owning one represents a commitment to the nation’s heritage
in preserving it for future generations to appreciate. One owner’s short term needs may not be to the
building’s long-term interest and this needs to be respected.
Survey
Before making a commitment to purchase,
a full and detailed survey should be carried out. The RICS requires that members who carry out inspections
on listed buildings should have expertise in the field of historic structures. This is to ensure that
inappropriate modern treatments are not specified for historic buildings, which could lead to damage
to the fabric, or involve the purchaser in unnecessary expense. (Examples include the injection of chemical
dpcs in cob walls, and the stripping out of timber which has suffered furniture beetle attack in the
past but which remains structurally sound).
Insurance
You
should also try and source an insurance company
that specializes in insuring listed buildings. Considering the national importance of listed buildings,
home owners, brokers and insurance companies are often unaware of the complexities involved in insuring
them properly.
Preservation
It is in the interest of both the building and its owner, to keep it in use and carry out regular maintenance and repair since this will protect its long-term value.
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Planning History
If
you purchase a listed
property that has undergone alterations without having the benefit of listed building consent, you,
as the owner, take on the responsibility of correcting those works. Prior to purchasing a listed property
it is prudent to check that LBC has been granted for any alterations previously made.
CAN I ALTER OR EXTEND THE PROPERTY TO SUIT MY NEEDS?
The
first question you need to ask yourself is: “does the existing building meet my needs?” If not, and
if Listed Building Consent (LBC) was not granted for the work you are considering, can you live in the
building as it currently stands? If the answer is “NO”, are you sure this is the property for you?
In
buying a listed building your aim should be to adjust to the existing building rather than to shape
it into a new form to suit your requirements.
Historic, listed buildings are unique – once destroyed or damaged they can never be genuinely replaced. It is essential that any listed building is maintained in a sympathetic and technically appropriate manner to ensure that it retains as much of its historic and architectural integrity as possible. Listing is not intended to stifle all change, rather to ensure that appropriate works are carried out sensitively.
Not only major alterations require LBC – any works, other than appropriately specified minor repairs are likely to require an application for consent. Even with the proviso for ‘like-for-like’repairs, it is ALWAYS advisable to seek the council’s advice before starting any work and by providing as much information as possible, the council will be in a position to offer you a more concise and well considered response. There may be subtle differences in the material, style or technique used that would permanently change the character of the building.
The local authority has a statutory duty to ensure the nation’s heritage is preserved and this means that each individual proposal is determined on its own merits and given careful consideration. Please remember that this takes time – don’t leave submitting your application to the last minute.
LISTED BUILDING CONSENT
Whilst
conservation officers are willing
to advise on the necessity and probable outcome of an LBC application, this does not guarantee that
LBC will be given. There are other factors outside the conservation officer’s control that have a bearing
on the success or failure of an application.
Wherever possible put the
preliminary scheme in writing with plans, sketches, photos or samples. If LBC is not required you will
receive confirmation of this in writing. If LBC is required you will have made a good start towards
answering any queries the officer may have regarding the subsequent application. It is at this point
that you may also wish to engage an experienced, specialist architect or conservation advisor to draft
plans and act on your behalf in the application process.
There is no
fee for submitting an application for LBC and the local planning authority strive to determine applications
within an 8 week period. Applications affecting grade I or II* may however take longer due to the requirement
for consulting with English Heritage and the Secretary of State.
In
determining listed building applications, the local authority will consider how the proposals affect
the special character of the building, curtilage buildings and the wider setting. Recommendations will
be based on the outcome of these considerations.
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OTHER PERMISSIONS
Please
note, Planning
Permission (PP) is not the same thing as LBC. Some works, such as extensions, will require both. For
more information on the requirement for PP, and the fees involved, please contact the development control
section at Kennet District Council: www.dev.control@kennet.gov.uk.
Permission
under building regulations may also be required for works to a listed building. There is discretion
under the regulations to relax standard requirements where strict application would be harmful to the
character or integrity of the listed building.
If a listed building
is located on land scheduled as an ancient monument, independent Scheduled Monument Consent (SMC) may
be required from English Heritage. At the time of writing, the government is setting into motion a new
single consent regime to combine LBC and SMC
PENALTIES
In
owning a listed building you should be aware of the legal liabilities, such as the Planning ( Listed
Building and Conservation Areas) Act 1990. It is this act which requires owners to seek permission before
any work is undertaken to a listed building.
Carrying out alterations
to a listed building without relevant LBC is a criminal offence. If you fail to obtain the necessary
consent, you may lay yourself open to enforcement action and/or prosecution. The penalties for unauthorised
works can include a requirement to return the building to its former condition and/or a substantial
fine.
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WHERE CAN I GET ADVICE
Your first point of contact is
the Conservation Section. The conservation officers
are able to offer advice on whether LBC is required or not. They can also give advice on issues such
as materials and specifications, and other sources of expertise. A list of local contractors in a variety
of fields e.g. thatchers, traditional plasterers, carpenters etc is also available. Inclusion on these
list s does not however, form a recommendation.
Further information
guides on Planning Permission, Owning a Listed Building, Re-thatching, Alterations and Extensions and
Conservation Areas (etc) are available from Kennet District Council.
Contact:
Kennet District Council, Browfort, Bath Road, DEVIZES, Wilts. SN10 2AT.
(01380
724911) www.kennet.gov.uk/conserve@kennet.gov.uk
OTHER SOURCES OF INFORMATION
Information and photographs of old buildings in
Wiltshire:
| Wiltshire
Buildings Record HQ, Libraries & Museums | English Heritage, | Society for the Protection of Ancient Buildings: | Victorian
Society, |
| Georgian
Group, |
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Devizes
Wiltshire
SN10 2AT.
01380 724911
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