Listed building guide for owners and occupiers
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Listed building guidance leaflet
Click here to view the listed building guidance leaflet covering the following various topics:-
What is a listed building
How are the buildings chosen
Categories of listing
Important points to remember!
How do I know if a building is listed
What is the effect of listing a building
Thinking of making changes
What is Listed Building Consent and when is it needed
Is Listed Building Consent the same as Planning Permission or Building Regulations Approval
What is the procedure for getting Listed Building Consent
Repairs
Enforcement duties and Compulsory Purchase
Understanding the Listed Building and its archaeology
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South
Owning a listed building
For more informaution on owning a listed building please see our Listed building an owners guide leaflet
Some services differ based on where you live. Why is this?
East
Owning a Listed Building
Which parts of the building are listed?
How do I apply for listed building consent?
What if I want to carry out repairs or alterations to a listed building?
What if my application is refused?
Are any grants available to assist in the cost of repairing listed buildings?
What types of alteration do I need to obtain listed building consent for?
How should I approach the repair and maintenance of a listed building?
Should I take out special insurance for a listed building?
Are there any benefits relating to VAT?
This information has been produced by the Conservation Team at Kennet District Council
in order to provide a clear understanding of what a listed building is and the implications for owners.
It is not intended to represent an exhaustive account of the legal and policy framework relating to
listed buildings, but should be helpful on a ‘first enquiry’ basis.
What is a listed building?
A listed building is one that has been included in the statutory List of Buildings
of Special Architectural and Historic Interest. The Secretary of State for Culture, Media and Sport
has a duty to maintain this list under the Planning ( Listed Buildings and Conservation Areas) Act 1990.
Once listed, a building is given statutory protection against unauthorised demolition, alteration and
extension.
When listed, buildings are placed in one of three grades
depending on their importance. Grade I buildings are considered to be of exceptional importance, grade
II* are particularly important and grade II buildings are of special importance. Around 2% of all listed
buildings are grade I, 4% are grade II* and the remainder are grade II. All listed buildings are considered
to be of national importance and so the protection afforded to them applies equally, regardless of grade.
Although the majority of listed buildings are indeed buildings, a wide
range of structures are also included on the list. In this district examples include telephone boxes,
bridges, churchyard monuments, boundary walls and canal lock gates.
Enquiries as to whether a building is listed can be made to the Council within normal
office hours, at the contact details listed below. Alternatively, enquiries can also be made to English
Heritage’s National Monuments Record Centre (contact details given below).
Why is a building listed?
Generally speaking, buildings are listed because they are considered to make an
important contribution to the historic environment and are therefore deemed worthy of protection. This
contribution may be purely a result of their architectural value but may also result from their significance
in the country’s history. These qualities are assessed using the criteria set out in Planning Policy
Guidance Note 15 (PPG15), the official Government guidance relating to planning and the historic environment.
The criteria are based upon age and rarity and special interest. Special interest encompasses architectural
quality, historic association and importance, group value and technical innovation.
How is a building listed?
The decision to list is taken by the Secretary of State for Culture, Media and Sport, following the advice of English Heritage, the government’s official advisor on the historic environment (which is also responsible for administering the listing process). Before a full assessment is made against the criteria set out in PPG15, the owner and the local authority (Kennet District Council) will be notified and asked for comments. In the past buildings were identified by inspectors during national surveys but today listing will either occur as a result of a targeted survey or via spot listing. Spot listing usually occurs when a listable building comes under threat or new evidence of a building’s importance comes to light. Any person can request a building be listed, or alternatively de-listed. If you wish to do so you should write to the Heritage Protection Operations Department at English Heritage (the address is given at the end of this leaflet).
Which parts of the building are listed?
The simple answer is that for all grades, the building is listed in its entirety, both the exterior and the interior. This includes interior features such as partitions, doors and fireplaces, to name but a few. It also includes any object or structure fixed to the building, and any freestanding structure within the building’s curtilage which has existed since before 1948. A building’s curtilage may often be the boundary of the site but each building’s curtilage will be different and has to be determined individually.
When a building is listed a list entry is produced. This contains the address and
a brief description of the main features of the building. However, these are only intended to be an
aid to identification and should not be used as a guide to determine which parts of a listed building
are protected and which not, because as already stated, the WHOLE building is listed.
What if I want to carry out repairs or alterations to a listed building?
Listing is not intended to ‘fossilise’ a building, rather the protection given to
them is meant as a tool to manage change in a sensitive manner. This protection effectively removes
all the permitted development rights that might otherwise apply to a non-listed building. Therefore,
you must apply to the council for listed building consent before demolishing the whole or part of a
listed building and before altering or extending a listed building in any manner which would affect
its character as a building of special architectural or historic interest. It is a criminal offence
to execute or cause such works to be executed, without first having gained listed building consent.
If you commit such an offence you may be liable to enforcement action or prosecution. This reflects
the value that the Government places on maintaining our historic built environment.
What types of alteration do I need to obtain listed building consent for?
As indicated above, works of demolition, alteration and extension will require consent.
However, consent is not normally required for repairs as long as the work does not involve alterations
which would affect the special interest of the building. It is always best to contact the Council, preferably
in writing, to gain advice on whether the works you are proposing require an application to be submitted
for consent. The Conservation Team will also be able to give you an indication of whether the works
are likely to gain consent or not. The following are just a few examples of the types of alterations
that require consent: Demolition or partial demolition, extensions, loft conversions, change of roof
materials or details, replacement of windows, change of exterior paint colour, installation of a satellite
dish, change of rainwater goods, installation of flues, removal or replacement of historic ceilings
and floors, alterations to internal partitions, installation of new heating systems with associated
plumbing. Please note that some external alterations, such as certain extensions, will also require
planning permission. You should always contact the Development Control section of the Council to determine
whether planning permission is required. Where planning permission and listed building consent are required
you are encouraged to submit applications for both at the same time. Many works may also require approval
under the Buildings Regulations, for example, loft conversions. If so, then it is always prudent to
ensure that the works will meet the requirements of Buildings Regulations prior to submitting a listed
building consent application.
How do I apply for listed building consent?
You should apply to Kennet District Council on a listed building consent application
form. Please contact us if you would like to receive a copy. There is no fee for submitting a listed
building consent application and applications generally take 8 weeks to be determined. In most cases,
the Council will make the final decision on the application. However, in the case of demolitions, and
works to grade I and II* listed buildings, a decision may take longer to be determined because it is
necessary for the Council to refer the case to the Secretary of State who may then determine the application
after consulting with English Heritage.
In order that the works can
be fully assessed for their impact on the listed building, an application should be as informative as
possible. A high quality application would include a detailed description of the proposed works and
show how the proposal alters the building. It would also include information on the history of the building
and a justification statement to demonstrate why the works are considered necessary and how they have
been designed to respect the special interest of the building. We are happy to provide comment at the
pre-application stage on whether an alteration is likely to obtain approval. Please either email or
write to us with details of your proposal including information such as scale floor plans and elevation
drawings, photos and detailed scale drawings of individual elements such as joinery details, where appropriate.
What if my application is refused?
If the Council refuses to grant listed building consent, or fails to give a decision
within eight weeks of the submission of a complete application, an appeal can be lodged with the Planning
Inspectorate. A decision on the issue will be taken, usually by an Inspector, following the consideration
of cases put forward by the appellant and the Council in the form of written representations, an informal
hearing or a public inquiry.
How should I approach the repair and maintenance of a listed building?
Historic buildings are constructed differently to modern buildings and require a
certain level of time and understanding in order to maintain them in a sensitive manner. Modern building
methods and materials are often incompatible with the traditional materials used in historic buildings
and so great care should be taken when determining the course of action for repair or maintenance. Selecting
skilled trade people with appropriate knowledge of traditional building methods and materials is essential.
Although we are unable to provide recommendations we can provide lists of contractors. You are advised
to check with prospective companies for any references or previous work that they may have done to judge
for yourself their suitability. Remember that not all trades people have the appropriate knowledge and
skills, even if they claim to do so.
Regular maintenance is key to keeping
a building weather proof and avoiding potential degradation. Recognising potential problems at an early
stage is beneficial. It is advisable to safely carry out regular inspections in order to check for common
defects such as blocked gutters and drains, missing roof tiles and deteriorating paintwork on exterior
woodwork. Remedying what seems like even the smallest of problems may save a great deal of time, effort
and money further down the line.
Avoid situations such as this by carrying out regular inspections
and appropriate maintenance!
An excellent booklet called ‘A Stitch in
Time’ has been produced jointly by the Institute of Historic Building Conservation and the Society for
the Protection of Ancient Buildings. It contains very useful guidance on inspections and types of suitable
repairs. Please contact us if you would like to receive a copy.
What measures does the Council have available to it in order to ensure that listed buildings are kept in good condition?
It is the owner’s responsibility to ensure the upkeep of their listed building by
carrying out regular maintenance. However, in cases where a listed building does fall in to disrepair,
the Council has certain powers to require that the owner carries out works necessary for its proper
preservation. The Repairs Notice served must specify the repairs which are required. If these are not
carried out within a reasonable time, the Council can begin Compulsory Purchase proceedings. The Council
can also carry out Urgent Works in order to make an unoccupied listed building weather proof and safe
from collapse, or to prevent vandalism or theft, after notifying the owner of the intention to do so.
The cost of the works can be recovered from the owner.
Are any grants available to assist in the cost of repairing listed buildings?
Unfortunately, at the present time the Council is not able to offer any financial assistance for works to listed buildings. In exceptional cases, English Heritage may be able to offer grants for works to grade I and II* buildings. Generally speaking, for privately owned residences, the options for funding are limited although there may be wider scope for other types of buildings, such as ones owned by charitable organisations, buildings with a community use or agricultural buildings. Information on sources of funding can be found on the ‘Funds for Historic Buildings’ website (the URL is given below).
Should I take out special insurance for a listed building?
There are specialist companies that provide building insurance policies specifically
tailored to listed buildings. There is no obligation to take out such a policy but it may be worthwhile
investigating the benefits of them. The most important thing is to make sure that a policy will deliver
enough funds for repair or rebuilding in the event of damage to the building caused by events such as
fire, accident or adverse weather conditions. As the repair or rebuilding costs for historic buildings
will be higher than for the equivalent standard, modern building it is key that any policy reflects
this.
Are there any benefits relating to VAT?
Some alterations to listed buildings may be zero rated for VAT purposes. You may read more on this subject in our leaflet ‘Value Added Tax and Listed Buildings.’
Other Kennet District Council leaflets
In addition to the VAT leaflet mentioned above, the Conservation Team have produced the following Conservation Information Leaflets:
‘A Guide to Buying a Listed Building’ - Advice for those people considering purchasing a listed building.
‘Conservation Areas’ - Advice for those who live or work in conservation areas.
‘Re-Thatching’ - Information and technical advice on the various types of thatch in use in Kennet.
‘Historic Farm Buildings’ - Guidance on the conservation and future use of historic farm buildings, including barns.
‘Value Added Tax and Listed Buildings’ - Information on how works to listed buildings may be affected by VAT.
All leaflets are available online at the council website. Otherwise please contact
us if you would like to receive a copy by post.
Useful resources relating
to listed and historic buildings
Statutory/Government/Policy
English Heritage (South West)
29 Queens Square
Bristol
BS1 4ND
Tel. 01179 750700
www.english-heritage.org.uk
Heritage Protection Operations Department English Heritage, Room 202
23
Savile Row
London W1S 2ET
National Monuments Record Centre
Kemble Drive
SWINDON
Wiltshire SN2 2GZ
Tel: 01793 414600
Images of England
www.imagesofengland.org.uk
(External link)
This English Heritage website contains listing
entries, together with photos of most buildings,
for those listed up
until 2001.
Department for Culture, Media and Sport
2 - 4 Cockspur Street
London
SW1Y 5DH
Tel: 020 7211 6200
www.culture.gov.uk
HM Revenue & Customs
National Advice Centre
Tel.
0845 010 9000
www.hmrc.gov.uk
Office of the Deputy Prime Minister
www.odpm.gov.uk
PPG15
can be accessed at this website.
Advice / Learning about buildings
Wiltshire Buildings Record
Libraries, Museums and Archives HQ
Bythesea
Road
Trowbridge
Wiltshire BA14 8BS Tel: 01225 713740
Available
at www.wiltshire.gov.uk
Society for the Protection of Ancient Buildings
37 Spital Square
LONDON E1 6DY
Tel: 020 7377 1644
www.spab.org.uk
Looking at Buildings
www.lookingatbuildings.org.uk
This website provides an educational guide to
architectural styles and
detailing.
Building Conservation
www.buildingconservation.com
This
website contains useful articles on various
subjects relating to the repair and maintenance
of historic buildings.
Funds for Historic Buildings
www.fundsforhistoricbuildings.org.uk
Other organisations
Victorian Society
1 Priory Gardens
Bedford Park
London W4 1TT
Tel: 0870 774 3698
www.victorian-society.org.uk
Institute of Historic Building Conservation
Jubilee House
High
Street
Tisbury
Wiltshire SP3 6HA
Tel 01747 873133
www.ihbc.org.uk
Ancient Monuments Society
St Ann ’s Vestry Hall
2
Church Entry
London EC4V 5HB
Tel: 0171 236 3934
www.ancientmonumentssociety.org.uk
Council for British Archaeology
St Mary's House
66
Bootham
York YO30 7BZ
Tel: 01904 671417
www.britarch.ac.uk
Twentieth Century Society
70 Cowcross Street
London
EC1M 6EJ
Tel: 020 7250 3857
www.c20society.org.uk
Georgian Group
6 Fitzroy Square
London W1T 5DX
Tel:
020 7529 8920
www.georgiangroup.org.uk
(The photos used on this page are listed buildings in the district. They are, clockwise from top left: churchyard cross in Great Bedwyn, 19 th century house in Aldbourne, timber frame thatched cottage in Bishops Cannings, lock and road bridge in Wootton Rivers, milestone in Burbage and the post office in Market Lavington). If you require further information please contact:
Planning Services
Browfort Bath Road
DEVIZES
Wiltshire
SN10 2AT
Tel: 01380 724911
e-mail: conserve@kennet.gov.uk
Some services differ based on where you live. Why is this?
West
Listed Buildings - a Guide for owners and occupiers
What is a listed building?
It means that it is included on a list of buildings of special architectural or historic interest, compiled by the Secretary of State for Culture, Media and Sport. A listed building may be special in a number of ways. It may be an example of good architecture or a major work of a famous architect. It may have played an important part in the history of the area or be associated with famous people or events. There are many "ordinary" buildings included such as rows of cottages, farmhouses or barns. Such things as walls, gate-posts, statues and lamp posts may also be listed.
The purpose of the list
The list is for the guidance of the Council and the public. It tells us which are the important buildings in the area, and gives the Council control over what happens to them.
Protecting listed buildings
Every old building is unique. It may be unique because, for example, it is built of local materials in a style which is typical of its age, locality and function.
It is important to protect listed buildings so that West Wiltshire can retain its own identity and character. Indeed the Council has a legal duty to do this.
Classes of listed buildings
There are different classes of listed buildings. They are classified in grades to show their relative importance. Buildings of exceptional interest are put in grade I. The rest are classified as grade II. However, some buildings which are particularly important but not of a sufficient standard to be placed in the higher grade are classified as grade II*. So in practice there are three grades - I, II* and II.
Owners and occupiers
How does listing affect the owner or occupier?
There are advantages and disadvantages in owning or occupying a listed building. People generally value an old and unspoilt building more than they used to. But you are responsible for its repair and upkeep whilst maintaining its special character, although grants may be available in some instances, and some works are exempt from VAT. In most cases maintaining a listed building should not be excessively costly. The main disadvantage is your lack of freedom to do exactly as you want with your building.
The law says it is an offence to alter a listed building or any structure within its grounds in a way which affects its character without first obtaining listed building consent.
Making alterations
Consent
You need consent for extensions, alterations (internal and external) and demolition (including partial demolition, removal of architectural features and, in some cases, major repairs).
Also included are works such as painting of external walls and alterations to freestanding structures within the curtilage, such as gateposts and garden walls. This does not mean that the building and its surroundings must be preserved intact at all costs. What it does mean is that works will only be allowed after a special examination of each case in question.
Internal alterations
Whatever the grade of building, there is no distinction between internal and external alterations. You need consent for internal alterations which affect the character of the building; for example the removal of original walls, or fixtures such as staircases and fireplaces.
If you are in any doubt about whether you would need listed building consent, please contact us.
What sort of alterations are likely to be acceptable?
What your property looks like - and what the street and neighbourhood looks like - is important. Subject to consent being granted, when changes are made they should be well done, reflecting the design and construction, blending repairs and new work into the existing building. As far as possible they should:
repair rather than replace;
keep existing features;
use traditional materials and building methods and follow original designs;
avoid modern "off the shelf" components because they are not appropriate;
design any alterations so that they are in keeping with the character of the building.
But, before you do anything, please ask us for advice.
Remember, regular maintenance helps to keep a building looking good and avoids expensive major repairs.
Applying for listed building consent
How do I apply?
An application for consent to alter, extend or demolish a listed building must be made on a Listed Building Consent form. Forms are available on our website to view and download. They are stored in Adobe PDF format - if you do not have a copy of Adobe Reader on your PC, please click here to download a free copy. (This will enable you to view and print the forms.) Forms are also available from the Council Offices.
Please contact us if you require any help.
Download Listed Building Consent Form
You must submit three copies of the form and three copies of all drawings. The drawings must indicate clearly the location of the building and show exactly what you intend to do. Included on the form is a certificate which you must complete stating either that you are the owner of the building, or that you have notified the owner of your application. There is no fee to be paid for a listed building consent application.
Please note that a listed building application must be made in addition to any application for planning permission, building regulations approval or advertisement consent that may be required.
How does the Council deal with my application?
On receipt of your application we will send you an acknowledgement. In most cases we will arrange for it to be advertised in an edition of the local paper and on the site.
The purpose of advertising is to inform the public that an application has been made and to invite them to inspect a copy of the plans at the Council's offices. They then have up to 21 days to write to give the Council their views. The Council must take their views into account in making a decision.
You will receive one of three decisions:
unconditional consent;
a consent subject to conditions;
a refusal.
A consent will normally last for five years. This means that if the work has not been started within the time, you will need to apply again.
How long will it take for me to receive a decision?
The Council will try to give you a decision within eight weeks. However, if the application is not complete, we will have to contact you or your agent to put things right, and this could waste time.
Can I carry out demolition work as soon as I receive consent?
No. In cases of demolition, Section 80 of the Building Act 1984 requires that six weeks before demolition starts, a notice is sent to the Council's Building Control section. The last step is to contact English Heritage. We will send you a form which you should complete and send to English Heritage at least one month before you wish to begin demolition. The purpose is to give English Heritage a chance to record the building for posterity. You must allow their surveyors access to the building. In some cases they will not want to make a record, and they will inform you accordingly.
Can I appeal against the decision?
You may appeal against:
a refusal;
a condition imposed upon a consent;
the Council's failure to give you a decision within eight weeks.
You have six months in which to submit an appeal to the Secretary of State. Their decision is final.
What happens if I carry out the work without consent?
You should not do any work which affects the character of your building without consent. It is a criminal offence to carry out such works.
Where can I get more advice?
If you want to know more about listed buildings, or if you would like advice about conservation or other planning matters, please contact us:
Tel: 01225 776655
Fax: 01225 770314.
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