Listed buildings
Archaeological and historic sites in England were first protected by legislation in the form of the Ancient Monuments Protection Act 1882. Subsequent legislation was introduced, especially after the Second World War and again in the late 1960s. The current legislation can be found in the Planning (Listed Buildings and Conservation Areas) Act 1990 (as amended).
Historic England has responsibility for maintaining and updating the National Heritage List for England, known as ‘The List’, which currently contains over 400,000 entries. It is publicly available and free to access and is the only official and up-to-date statutory list of all protected historic buildings and sites in England. Each property on The List is categorised as being Grade I (being of exceptional value), Grade II* (being of particular importance) or Grade II (being of special architectural or historic interest).
Thinking of purchasing a listed building?
Here are the quirks to be aware of:
Repairs, maintenance or alterations
Any proposed repairs, maintenance or alterations to the property must be carefully considered as to whether such works required listed building consent in addition to planning permission before being carried out. This is because it is a criminal offence to extend, demolish or carry out any internal or external alterations which would affect the character of the property without Listed Building Consent, whether or not the owner is aware that they are committing such an offence. The maximum penalty is two years’ imprisonment and an unlimited fine. It should be noted that planning permission is not required for internal works, but listed building consent may still be required.
Curtilage of the building
The listing may extend beyond the building itself as it attaches to any item or structure fixed to it or within the curtilage of the building, provided that the latter has formed part of the land since before July 1948. Since 25 June 2013 English Heritage has been able to define and highlight the features of buildings which they are particularly concerned about protecting but notwithstanding the identified features, the listing still attaches to the entirety of the site so checks will still need to be done when works are proposed.
Listed Building Consent
Specialist legal advice should also be sought when purchasing a Listed building so that it can be ascertained whether or not the current or a previous owner carried out works which required Listed Building Consent, but for which no Consent was obtained, or where the works were not carried out in strict adherence to the approved plans or the conditions of the Consent. If one were to purchase a Listed building where this had happened the local planning authority might issue an enforcement notice on the current owner (even if they did not carry out the unlawful works) requiring the building to be restored to its former state, or for further works to be undertaken to alleviate the effect of the works carried out in contravention. Should the current owner fail to comply with the enforcement notice, he or she will have committed an offence for which the maximum penalty Is two years’ imprisonment and an unlimited fine.
Maintaining and repairing
Listed buildings are often (but not always) old and, as such, a buyer should consider the ongoing cost of maintaining and repairing such a property as it is likely to be substantially higher than in relation to a newer building. It is also important to consider the availability of skilled tradespeople and craftspeople who may be required to carry out any such works to the property. Another aspect of owning a Listed building which could lead to higher ongoing ownership costs are insurance, especially if the property is thatched.
Maintenance and repairs
Listed buildings are often (but not always) old and, as such, a buyer should consider the ongoing cost of maintaining and repairing such a property as it is likely to be substantially higher than in relation to a newer building. There may be an element of conservation, not only restoration, in relation to a property. It is also important to consider the availability of skilled tradespeople and craftspeople who may be required to carry out any such works to the property. Another aspect of owning a Listed building which could lead to higher ongoing ownership costs are insurance, especially if the property is thatched.
Planning applications
Planning applications are likely to be subject to a greater deal of scrutiny than for a property which is not Listed. The requirement for Planning Permission is separate from the obligation to obtain Listed Building consent. Planning Authorities have different views on what alterations to Listed buildings they find acceptable and what form those alterations may take and what materials must be used.
VAT
Unless you buy the building and use it to make VATable supplies, the VAT on the upkeep is not going to be recoverable.
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