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Think Before You Buy – Owning A Listed Property

06 March 2008

 

Think Before You Buy – Owning A Listed Property

If you own or are planning to buy a listed property, you need to establish a good relationship with your local planning officers if possible, and to be aware of what you can and cannot do.  It is easy to get carried away by the prospect of ancient beams and inglenook fireplaces but a little research beforehand will give you a realistic idea of what you will be able to do by way of renovation or improvement and hopefully enable you to avoid the clutches of the planning enforcement system.

Almost all works to a listed building will require listed building consent, even those that do not need planning permission as well, so it is always a good idea to check with your local council’s conservation officer before starting work.  If your listed building is in a conservation area, you may also need conservation area consent.  The need for listed building consent is not limited to works involving the building itself but can also include works to objects or structures fixed to it or standing within its curtilage (the latter may be listed in their own right). 

It is therefore important not only to consult your local conservation officer before starting work but also to know the exact details of the building’s listing and of any planning and listed building consents which have already been granted.

Details of listing can be obtained from your local council or from such bodies as English Heritage or The Secretary of State.  Although these may consist of only a relatively brief description, it is important to note that it is the whole building which is listed.  This may sound like stating the obvious but unless the listing is specially applied to part of a building only, everything about that building is listed, even ugly later additions.  It is not unknown for new owners of a listed building to painstakingly replace 1970s features with “originals” only to find themselves on the receiving end of enforcement action!

On the subject of enforcement action, the potential new owner should always check that any works which have been carried out in the past have the appropriate consent and that all conditions attached to the consent have been complied with.  The reason for this is that if the local authority decides to serve an enforcement notice, it may do so on the owner for the time being.   

So, for example, if the new owner finds that his replacement windows were fitted without permission, the local authority can enforce against him (provided they still intend to do so) even though he did not do the work.

A listed building owner should bear the following in mind:-

- check the precise terms of the listing and whether any permissions have been granted and complied with

- consult your conservation officer before submitting any application and be prepared to be flexible but remember that his advice is not binding on the council and his will not be the final decision

- consider why your building is listed as this will give you an indication of what you may be able to do i.e. if it is listed as part of a group, a uniform appearance will be important

- think outside the box.  Structures in the garden may also be listed, so don’t move those ancient gnomes!

If you have any issues you would like to discuss please contact Marita Jones on 01622 690691 or maritajones@brachers.co.uk.

 

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