Listed Building Consent

What is Listed Building Consent?

Listed Building Consent is required when undertaking certain works to a Listed Building. Listed Building Consent is required when undertaking demolition, alterations or extensions where these works impact the character of the building or the special architectural elements of parts of the building which form the historic interest of the building. Works which may not require Listed Building Consent are those which are a like-for-like repair using the same materials and method of construction as the existing.

As stated above, Listed Building Consent is required when undertaking works to a Listed Building. There are three different grading’s of Listed Buildings, as follows:

Grade I – Buildings of exceptions interest (2.5% of Listed Buildings);
Grade II* – Buildings which are particularly important and of more than special interest (5.8% of Listed Buildings);
Grade II – Buildings of special interest (91.7% of Listed Buildings);

To find out whether your property or a property in question has Listed Building status, you can use the search tool available on the Historic England website. The most likely grade of a Listed Building for a homeowner is Grade II.

Listed Building Consent is required for the relevant works where these are being undertaken to any part of the building which is covered under the Listed Building status, this may include the curtilage of the building and ancillary structures.

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What is included in a Listed Building Consent application?

A Listed Building Consent application is made and determined by the local planning authority. Sometimes planning permission will also be required and should be applied for which is typically the case when altering the external appearance of the building. Once a Listed Building Consent application is submitted the local planning authority will consult with Historic England and a conservation officer will be appointed to assist with determining the application. If the Listed Building Consent application is particularly complicated then English Heritage will be engaged to provide expert advice.

An application form for submitting Listed Building Consent can be found on the relevant local authority’s website. There is currently no fee associated with submitting a Listed Building Consent application, although if planning permission is required for external alterations then a fee will be applicable. The following information and documentation should be submitted as part of the Listed Building Consent application:

Applicant name and address;
Agent name and address;
Description of the proposed works;
Site address details;
Any related proposals;
Any pre-application advice;
Neighbour and Community Consultation;
Council Employee/Member;
Materials to be used;
Extent of demolition;
Listed Building Alterations;

Listed Building Grading;
Immunity from Listing;
Certificates of ownership;
Planning Application Requirements & Local Level Requirements;
Declaration;
Applicant Contact Details;
Agent Contact Details;
Site Visit.

Listed Building Consent determination will take eight weeks for a standard scheme and thirteen weeks for a major proposal.

A planning consultant is best placed to assist with drafting the Listed Building Consent application as they will be aware of the relevant regulations and policies.

What happens when I obtain approval or are refused Listed Building Consent?

If Listed Building Consent is obtained then the works can progress. The conservation officer will be kept engaged in the process throughout as it may be necessary to agree further details or specifics once certain elements become exposed, or access provided.

If Listed Building Consent is refused then an appeal can be made within six months. Alternatively plans can be revised and a new application made. You will likely need expert advice to assist with the appeal or altering the application and planning consultants are best placed to assist with this.

What are the benefits of obtaining Listed Building Consent?

The most important reason to obtain Listed Building Consent is that it is a criminal offence to not obtain consent. It is not a defence to state that you were not aware that the building was Listed or that Listed Building Consent was required. It is also not a defence to state that consent would or should have been given if it had been applied for. The only defence that is available is when the works are urgently required in the interests of maintaining/ensuring health and safety.