Should I Buy a Listed Building?

By Davinia Willys

Senior Associate

T: 01279 750640
E: dwillys@nockolds.co.uk

You may like the idea of owning a Georgian manor house or a chocolate box thatched cottage in the countryside however, you may not be aware that many of these older buildings are listed, which brings added things to consider when owning such a property and extra hurdles to overcome when renovating them.  

A listed building is a property on a national register of buildings (the National Heritage List for England) with architectural or historical importance.  The list is designed to protect these buildings and maintain them for future generations. Listing is not a preservation order preventing change it means that listed building consent must be applied for to make changes and alterations to the building which might affects its special interest.  Most properties built before 1840 are likely to be listed.  Modern buildings can also be listed if they are deemed to be of special importance, such as the Royal Festival Hall and the BT Tower in London.

The building could be Grade I or Grade II listed, with Grade I buildings, having more restrictions. Listing covers a whole building, including the interior, unless parts of it are specifically excluded in the list description of the particular property. In many cases, protection can extend to external structures and gardens. 

It is always advisable to get a full buildings survey when buying a listed building and to appoint a surveyor who specialises in listing buildings.  You will also need to obtain specialist buildings insurance cover for the Property given the rebuild cost of a listed building will be more than a non-listed building

You will need listed-building consent in addition to planning consent (and possibly building regulations approval depending on the nature of the proposed works) for any changes – inside or out.  It is a criminal offence to make unauthorised changes to a listed building. Always check with your local planning authority what is covered in the listing before undertaking works.  If you are planning to make alterations after you have purchased the property you may wish to speak to local authority conservation officer before you exchange contracts and are legally bound to buy the property.   Please also be aware the work and information you need to support an application for listed building consent is more detailed than for a planning application.

Do you need listed building consent for repairs?  The short answer is quite possibly but it is a bit of grey area. Technically ‘like for like’ repairs do not require consent however what classes as like for like repairs, varies between local authorities, the property type and required works.  Replacing a few tiles on the roof may not need consent although replacing a window (even with an identical replacement) is likely to need consent. Always check with the local authority’s conservation officer and your specialist surveyor whether any repairs need consent before undertaking them.  Repairs on listed buildings can also be more costly given the need to use specialist tradesmen.

Please also note if works have been undertaken by a previous owner without consent, as the new owner, you may be liable to put them right.  For example, if the property has a swimming pool that consent was not obtained for, you could be forced to remove the pool.  Strictly speaking, there are no time limits on enforcement action by the local planning authority for breach of listed building control and the liability for the breach rests with the property owner and not necessarily with the property owner at the time that the unauthorised works were carried out.

You should not necessarily be put off buying a listed building however you should be aware of the extra hurdles, additional obligations and potential extra costs involved, in owning such a property.  For more information and to find out how we can help you, please contact us on 0345 646 0406 or fill in our online enquiry form and a member of our Team will be in touch.