Learn about listed buildings and the consent needed.
Categories of listed buildings –
In England and Wales, there are 3 categories of listed buildings
- Grade 1 (2.5% of buildings)- Buildings of exceptional interest. For example, the Liverpool Anglican cathedral.
- Grade 2*(5.5% of buildings)- Buildings with particular importance. For example, Buckingham Palace.
- Grade 2 (92% of buildings)- Buildings of special architectural or historic interest. A grade 2 listed building is a UK building or structure that is of special interest, warranting every effort to preserve it.
How does a buildings become listed?
The older the building is the more likely the building is listed. All buildings that were built before the 1700s which is still in its original condition will be listed.
The newer the property the more remarkable it needs to be to become listed, for example a building with outstanding architecture. Buildings are not usually eligible for listing until it’s at least 30 years old.
How to check if your building is listed?
You are able to check if the property is listed by viewing the national heritage list for England.
If you are planning to buy a listed building, a full building survey (RICS level 3) is recommended. And these surveys are tailored to each individual property and cover everything that is possible to access and assess.
When building on a listed property you will firstly need to get both planning permission and consent. So, you will then need patience, stamina, and a good architect. This is because there’s a lot that goes into building on a listed property.
You always need listed building consent
You still need listed building consent to do urgent works to a listed building. Even if the works are needed because a dangerous structure or other legal notice has been served. Even if it’s not practical to get consent in advance, you must give written notice to the council as soon as possible.
Listed building offenses –
Offenses given by the planning (Listed Buildings and Conservation Areas) Act 1990.
It is a criminal offense to carry out work without having listed building consent. Not all projects require consent, only the works that affect the character of the building.
Carrying out building works to a listed building or changing it in any way without consent can result in court action and legal penalties. And it is also illegal to fail to comply with an enforcement notice.
According to the planning act 1990 under section 9. Doing work without consent to the building can result in a person being charged. As well as, being fined up to £20,000 and/or up to 6 months imprisonment.
In addition, the maximum penalty is two years’ imprisonment or an unlimited fine. In determining the fine a judge must have regard to any financial benefit which has accrued or appears likely to accrue to the wrongdoer so as to deny them any benefits.
It is also an offense for anyone who would do damage to a listed building. Or to do anything which causes or is likely to result in damage to the building with the intention of causing damage. Damage to the building by an unauthorised person other than the owner or occupier would be criminal damage under the Criminal Damage Act 1971.