Frequently Asked Questions.
Advice relating to technical issues and the maintenance and alteration of listed buildings may be accessed by clicking on the following links:
1. How will I know if my building is listed?
2. What is the list?
3. Will I require permission to alter a listed building?
4. Why and how are buildings listed?
5. The criteria we use to list buildings
6. What is the effect of listing ?
7. Can I get any financial help for my listed building?
8. Do I need to pay VAT on Listed Building repairs?
9. What is the position on the maintenance of my listed building?
10. Is the whole property listed?
11. Can I appeal against the listing of my property?
12. Finally- More Information
1. How will I know if my building is listed?
When a building is listed the owner receives a letter from the Department of Culture, Media and Sport telling them that their property has been listed as a building of special architectural or historic interest. The letter sets out what this means and how it may affect the owner. The owner will also receive a statutory notification from your local planning authority. Use the contact details at the top of the page to find out if a building is listed or situated within a conservation area.
The lists of buildings of special architectural or historic interest are registers recording the best of our buildings. They comprise a wide variety of structures, from castles and cathedrals to milestones and village pumps. Not all the items on the lists are what we might conventionally think of as beautiful or attractive - some are included purely for their historical value. But the list adds up to a heritage register and it covers the whole of England. Listed buildings are classified in grades to show their relative importance, and the current listing position is :
Grade I 6,000 (1.4%)
Grade II* 18,000 (4.1%)
Grade II 418,000 (94.5%)
Totalling 442,000 in Britain
About 500,000 individual buildings are estimated to be protected: some list entries cover several buildings.
3. Will I require permission to alter a listed building?
Listed buildings are given more protection than is otherwise the case. This does not mean that no alteration is possible, but alterations, additions or demolition must have Listed Building Consent from the District Council, as well as Building Regulation approval and, possibly, also planning permission. You should note that it is a criminal offence to carry out any works either to the exterior or interior which would affect the character of a listed building without first obtaining listed building consent.
A listed building application is handled like a planning application. Alterations to Grade 1 and 11* buildings, and any demolitions, are referred to the Department of Culture, Media and Sport.
Listed Building Consent applications do not require payment of a fee.
4. Why and how are buildings listed?
In order to identify and protect our heritage. Under the Planning (Listed Buildings and Conservation Areas) Act 1990, the Secretary of State for National Heritage has a statutory duty to compile lists of buildings of special architectural or historic interest. In choosing buildings for listing, the Secretary of State cannot consider any factors other than their architectural or historic interest. State of repair (unless this has harmed the architectural interest), costs of maintenance and unsuitability to modern needs are matters which are not directly relevant to the assessment of a building's qualifications for listing - but they are all things which can be taken into account if a person wishes to demolish or alter a listed building (see section 6 below). The purpose of the list is simply to put a mark against certain buildings to ensure that their special interest is taken fully into account in decisions affecting their future.
Most buildings on the statutory list have been selected in the course of the national re-survey of listed buildings in England which began in 1970, and has just been completed. Every part of England was visited by expert field workers, supervised by English Heritage, our statutory advisers on listing matters, and the best buildings selected against a set of national criteria (see 5 below). The results of this exercise (edited into lists) are available for inspection at your local authority offices.
Sometimes it is necessary to list individual buildings. These may have been overlooked during the re-survey or new information may have become available subsequently. These buildings are "spot-listed". The effect is the same, and the list will again be available for inspection at your local authority office. Sometimes spot-listing is preceded by a building preservation notice which is made by the local authority where a building is under threat of demolition or alteration and which invites us to consider the building for listing at once.
5. The criteria we use to list buildings
All the properties considered for listing are judged according to a set of national standards. The following are the main criteria which the Secretary of State applies in deciding which buildings to include in the statutory lists :
• architectural interest: the lists are meant to include all buildings which are of importance to the nation for the interest of their architectural design, decoration and craftsmanship; also important examples of particular building types and techniques (eg buildings displaying technical innovation or virtuosity) and significant plan forms;
• historical interest: this includes buildings which display important aspects of the nation's social, economic, cultural or military history;
• close historical associations with nationally important people or events;
• group value, especially where buildings comprise together an important architectural or historical unity or a fine example of planning ( eg squares, terraces or model villages ).
A particular building may qualify for listing under more than one of these criteria.
Age and rarity are important considerations, particularly where buildings are proposed for listing on the strength of their historic interest. The older a building is, and the fewer the surviving examples of its kind, the more likely it is to have historical importance. Thus all buildings built before 1700, which survive in anything like their original condition, are listed; and most buildings of about 1700 to 1840 are listed, though some selection is necessary. After about 1840, because of the greatly increased number of buildings erected and the much larger numbers that have survived, greater selection is necessary to identify the best examples of particular building types, and only buildings of definite quality and character are listed. For the same reasons, only selected buildings from the period after 1914 are normally listed. Buildings which are less than 30 years old are normally only listed if they are of outstanding quality and under threat. Buildings which are less than 10 years old are not listed.
6. What is the effect of listing ?
As we said above, the lists are a register which recognises the special interest of buildings. If you wish to demolish a listed building, or to alter or extend it in a way that affects its character as a building of special architectural or historic interest, you must apply for "listed building consent" from your local planning authority. Even relatively minor works, such as painting, may affect the character of a listed building and it is therefore advisable to consult the District Council before starting such works if you are in any doubt. Listed building consent will be in addition to any planning permission you need, although for most owners applications for both can be considered together (listed building consent applications are free). It should also be noted that certain of the developments relating to dwelling houses permitted by the Town and Country Planning General Development Order do not apply to listed buildings.
The fact that a building is listed does not necessarily mean that it must be preserved intact for all time; its main purpose is to ensure that care will be taken over decisions affecting its future, that any alterations respect the particular character and interest of the building, and that the case for its preservation is taken fully into account in considering the merits of any redevelopment proposals.
Under section 9 of the Planning (Listed Buildings and Conservation Areas) Act 1990 it is a criminal offence to demolish, alter or extend a listed building without consent, and the penalties for this can be heavy.
7. Can I get any financial help for my listed building?
It is possible. The District Council offers grants towards some works. Grants for the repair of buildings of outstanding architectural or historic interest - which usually means Grade I and Grade II* buildings, and occasionally others -may be available from English Heritage. The application must be made before the work is commenced. Further information is available from:
English Heritage
23 Savile Row
London W1X 1AB
The Department for Environment, Food and Rural Affairs (DEFRA) also has a grant scheme for the repair and reinstatement of traditional farm buildings in current agricultural use. Established agricultural and horticultural businesses can qualify for grant under the Farm and Conservation Grant Schemes. In order to qualify for grant works must use construction methods and materials in keeping with the building design and compatible with the local landscape. The grant available extends to listed buildings provided that no grant has been, sought or will be, from English Heritage. Similarly, grants cannot generally be given under the Schemes if any investment has been or will be funded from another source.
In addition, grants are available for the provision, replacement or improvement of walls and banks built of materials which are traditional in the area. Further information can be found in the Scheme Handbooks which are available from your local DEFRA Office, which can also be contacted for advice.
8. Do I need to pay VAT on Listed Building repairs?
Some listed buildings enjoy a more favourable position as regards Value Added Tax than do unlisted buildings. VAT zero-rating is available for "approved alterations" (that is, alterations which both require and obtain listed building consent from the appropriate planning authority) to listed buildings which are dwellings or are used for qualifying residential purposes or for the non-business activities of a charity. Zero-rating also applies to buildings that are being converted for qualifying residential or non-business charity use. However, alterations to other listed buildings, works of repair or maintenance and alterations not requiring listed building consent, are standard-rated, as is the construction of a new building within the curtilage of a listed building (unless the new building is itself designed as a dwelling or is to be used for a qualifying purpose).
Remember, the relief depends on your using a VAT registered builder; there is no system of refund for VAT paid on materials or goods you purchase whether to "do-it-yourself" or to be used by a labour only sub-contractor. A leaflet (708/1/90 - Protected Buildings) and further information is available from your local Customs and Excise Office. You should bear in mind that the leaflet is written for the guidance of VAT registered builders who have to decide whether VAT is chargeable on any work they carry out. Therefore, "you" in the text of the leaflet means the builder and not the listed building owner.
9. What is the position on the maintenance of my listed building?
Most owners and occupiers recognise listed buildings as part of our heritage and are pleased and proud to maintain their properties. In some cases, repairs and alterations may need to be carried out with materials which are in keeping with the original buildings. This may sometimes prove more expensive than it would for a modern building, but in most cases their use is good housekeeping. Local authorities do have the power to serve a repairs notice on an owner if a listed building becomes dilapidated. But these notices are used only as a last resort.
In general, you will find that there are three steps that can be taken if your property is falling badly into disrepair:
The District Council will encourage you to carry out the necessary maintenance work: you should find that our staff can offer you helpful practical and technical advice. A wide range of guidance notes and lists of specialist or skilled craftsmen are available from the Conservation Officer on 01395 516551;
If the property still remains neglected, we may serve a repairs notice on the owner specifying what work needs to be done;
If the owner fails to comply with the notice within the period specified, the Council can compulsorily acquire the property.
However, the owner can apply to a magistrate's court to have compulsory purchase proceedings stopped and can also appeal to the Department.
Where a listed building is unoccupied, the District Council can, if they wish, serve an urgent works notice and carry out work themselves to make the building wind and weather proof. They can then recover the costs from the owner. However there is a right of appeal against recovery to the Department of Culture, Media and Sport. One of the grounds for appeal that can be cited is the financial hardship the bill will cause the owner.
10. Is the whole property listed?
Buildings are listed in their entirety - there is no such thing as just a listed facade or interior. But some parts of a listed building (interior as well as exterior) may be more important than others, and this could be significant if you are thinking of applying for listed building consent for partial demolition or alteration. Even if an interesting feature such as a fireplace or screen is not mentioned in the list description it is still covered by the listing.
In addition, any object or structure fixed to a listed building is treated as part of the building. Also any object or structure included within the curtilage of the building which, although not fixed to the building, forms part of the land and has done so since before 1 July 1948, is included in the listing. Again, your local authority should be able to help you with any problems of identification or interpretation in particular cases.
All list entries also include a description of the building. The description is intended primarily for identification purposes and while it will include mention of those features which led English Heritage to recommend listing, it is not intended to provide a comprehensive or exclusive record of all the features of importance, and the amount of information given in descriptions varies considerably. Absence of a reference to a feature in the list description does not, therefore, indicate that it is not of interest or that it can be removed or altered without consent.
11. Can I appeal against the listing of my property?
There is no statutory right of appeal, but if you feel your property does not possess special architectural or historic interest, you may write to English Heritage (address below). There are no forms to fill in, and the procedure is not complex. But remember, it is the building's special architectural or historic interest that concerns us. We cannot take into account any other factors. If you are thinking of making such an appeal we will be pleased to let you have a guidance note on the procedure and the criteria we use in considering such appeals.
However, the Secretary of State will not generally be prepared to entertain an application for de-listing where the building in question is the subject of an application for listed building consent or an appeal against refusal of consent, or where action by a local authority is in hand in respect of unauthorised works or neglect. This is because both the listed building consent and enforcement appeal procedures give appellants the right to argue that a building is not of special interest and should be removed from the list.
Most owners are pleased that their properties have been listed and so recognised as part of our heritage. In many areas, the cachet of listing may add to the value of residential property. But we recognise that some owners may be uncertain or apprehensive about what listing will mean for them. This webpage is designed to answer only general queries: if you have other, more detailed, questions, you should contact the Conservation Officer on 01395 516551.
Page last updated on 24 May 2012
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