Listed Buildings: Debunking Common Myths and Understanding Conservation
Listed buildings are an integral part of a nation’s architectural and cultural heritage. Their preservation ensures that future generations can appreciate the history and craftsmanship of past eras. However, there are many misconceptions surrounding Listed Buildings, their Regulations, and Conservation practices.
In this blog, we aim to shed light on what listed buildings are, dispel common myths, and provide clarity on the legal and practical aspects of their preservation.
What Is a Listed Building?
A listed building is a structure that has been recognised as being of national importance due to its architectural, historical, or cultural significance. In England, Historic England maintains the official list of these buildings. You can check if a building is listed by searching the database at Historic England’s website.
Listed buildings are categorised based on their significance:
• Pre-1700 Buildings: If they remain in anything close to their original condition, they are often listed.
• 1700-1840: Many buildings from this period are listed if they retain their character.
• 1840-1914: Only those with significant architectural or historical importance are listed.
• 1914-present day: Buildings must be exceptional to be listed. (It is quite rare but does happen).
• Special criteria: Buildings may also be listed for their technological innovation, association with historical figures or events, or group value (such as terraces or squares).
Understanding List Descriptions
A common misunderstanding we encounter frequently is that ‘only the features explicitly mentioned in a building’s listing description are protected’. This is simply not true! In reality, the entire building is listed, including both its exterior and interior. Further, any structures within the curtilage of the listed building, such as outbuildings, boundary walls, or garden features—are likely to be included if they have existed since before 1st July 1948.
Even if a specific feature is not mentioned in the listing description, it is still protected by law.
Since 2005, “Reasons for Designation” have been included in listings to help clarify why a building is listed. From 2013 onwards, list entries often identify features of lesser importance. However, it is crucial to remember that the legal standing of a listing is tied to the address, not just the details provided in the description.
Legislation Governing Listed Buildings
The Planning (Listed Buildings and Conservation Areas) Act 1990 is the primary law governing listed buildings in the UK. It serves multiple purposes:
✔ Identifying and recording buildings worthy of preservation.
✔ Alerting authorities to potential threats to these buildings.
✔ Allowing appropriate changes to be made through a controlled process.
✔ Enforcing penalties against unauthorised alterations or demolitions.
Legal Responsibilities of Listed Building Owners
According to the Act:
• Any work that affects the character of a listed building requires Listed Building Consent (LBC).
• Unauthorised alterations are a criminal offense, and both property owners and professionals involved in unauthorised work can be prosecuted.
• There is no time limit on enforcement actions—a local authority can take action at any time.
• Sanctions include criminal prosecution, enforcement action, unlimited fines, and even imprisonment (up to two years for serious offences).
• Local authorities can demand reinstatement of original features, potentially at great cost to the owner.
Common Myths About Listed Buildings
There are several myths surrounding the rules and restrictions applied to listed buildings. Let’s debunk some of the most common ones:
1. “Only the exterior of the building is listed.”
❌ False! The entire building is listed, including its interior, fixtures, and sometimes even structures within its grounds.
2. “If a feature isn’t mentioned in the list description, I can alter or remove it.”
❌ False! The listing applies to the whole building, not just what is written in the description.
3. “Modern extensions or later additions aren’t part of the listing.”
❌ False! Even later additions to a building are likely to fall under the listing protection, unless they were added after 1st July 1948.
4. “Grade II-listed buildings have fewer restrictions than Grade I.”
❌ False! While Grade I buildings are of exceptional interest, all listed buildings require consent for alterations that affect their character.
5. “The building is made from ship’s timbers, so it doesn’t count as historic.”
❌ False! The material used does not determine whether a building is listed. Its historical and architectural significance does. I’ve lost count of how many times I’ve heard this over the years, and I’ve seen no evidence to support it. Perhaps being a Midlands based surveyor, being as far away from the coast one could expect to be, this further supports the fact that such valuable timbers would not have been utilised far inland.
Conservation and Repair Principles
Why does Conservation Matter?
Conservation ensures that historic buildings are preserved for future generations. It involves maintaining their integrity while allowing for necessary adaptations. Conservation work should be guided by the following principles:
✔ Understand the building: Know its materials, methods of construction, and historical changes.
✔ Minimum intervention: Do only what is necessary to maintain the building’s integrity.
✔ Respect past works: Avoid altering historic craftsmanship unless absolutely necessary.
✔ Honesty in repair: Repairs should be identifiable to avoid misleading future generations.
✔ Reversibility: Changes should be reversible where possible to allow for future conservation work.
✔ Plan for future maintenance: A long-term approach ensures the building remains in good condition.
Listed Building Consent (LBC)
If you own or work on a Listed Building, it is always best to check and discuss proposals with your local Conservation Officer (CA) before making any changes. Works that will typically require LBC include:
• Alterations that affect the character of the building (including some repairs especially where different materials are being used – a ‘like-for-like’ repair is typically ok provided say you are re-pointing a section of masonry with the same lime mortar mix as the original, or as close a match as is possible.
Re-pointing any traditional solid wall with cementitious mortars is wholly inappropriate and would not generally be permitted by a CA). That said, sometimes, even like-for-like repairs may require permission if they alter the building’s character.
• Demolition or extension work. Any structural alterations or re-configuration of the internal layout of a Listed Building will require LBC. Even creating a new stud partition wall is not typically considered as permitted.
• Changes to fixtures and interiors. Wherever possible fixtures and fittings and interior finishes should always be retained in order, to retain the character of the building.
Design & Access Statements (DAS)
When applying for LBC, a Design and Access Statement (DAS) accompanying a planning application for a Heritage Asset should include a Heritage Statement, outlining the significance of the asset, potential impacts of the proposal, and how the design addresses those impacts, while a separate heritage statement can be included if necessary.
A Heritage Statement is a legal requirement under National Planning Policy Framework (NPPF) Section 16. The Statement Must Include:
1. History of the building: A record of its origins and past modifications.
2. Statement of significance: An assessment of the building’s value at different levels (national, regional, local).
3. Impact assessment: A detailed evaluation of how the proposed work would affect the building’s historic character.
Tip: Its always worth spending some time research the local online planning portals to review the subject properties planning history, supporting documentation and those of any adjoining or nearby Listed Buildings as they will often hold really useful documents that will assist you not just understand any historical alterations or repairs, but they may also be a former DAHS.
Final Thoughts
One of the best ways to sum up Listed Buildings and their significance is to quote the well-known William Morris, who famously stated in 1889:
“These buildings do not belong to us only… they have belonged to our forefathers, and they will belong to our descendants unless we play them false. They are not our property to do as we like with, we are only trustees for those that come after us.”
Understanding the laws and principles behind listed buildings is essential for property owners, architects, surveyors, and planners. By respecting conservation principles, avoiding common myths, and seeking proper permissions, we can ensure that these historic structures are preserved for generations to come.
Why Choose Carpenter Surveyors?
If you are considering purchasing a listed building, a standard survey may not be enough. At Carpenter Surveyors, we provide expert Heritage Building Surveys to protect your investment. We act as the eyes and ears of your legal adviser, ensuring all legal matters, material alterations, and Listed Building Consent issues are properly flagged. After all, this is the biggest purchase you are ever likely to make—why wouldn’t you want an expert on your side?
If you’d like to learn more about how we can support your purchase of a Listed Building please visit our Heritage web page for more information or call us today!
Ian Bullock BSc (Hons) Est.Man MRICS MEWI MRPSA
Ian Bullock is an RICS Chartered Surveyor, RICS Registered Expert Witness & Valuer, member of RPSA and the Expert Witness Institute. He has been a practising surveyor for over 25 years and specialises in Listed Building Surveys and Expert Witness work.