Owners of listed buildings often face an awkward question. Does a particular piece of work affect the character of the building, and so need listed building consent, or not? Getting it wrong can be serious, because unauthorised works to a listed building are a criminal offence. On 6 April 2014, a new way to get a clear answer became available.
What changed
Changes made by the Enterprise and Regulatory Reform Act 2013 came into force in England. They introduced three new tools:
- Certificates of lawfulness of proposed works. Under the new section 26H of the Planning (Listed Buildings and Conservation Areas) Act 1990, an owner can apply to the council for a certificate confirming that proposed works would not affect the character of the listed building, and so do not need consent.
- Local listed building consent orders. Councils can grant consent in advance for specified works to particular listed buildings in their area.
- Listed building heritage partnership agreements. Owners of larger or complex sites can agree a long term framework for works with the council.
When a certificate helps
A certificate is useful for works where reasonable people might disagree: replacing modern fittings, upgrading services in later parts of a building, or minor repairs using matching materials. It gives the owner, and any future buyer, written confirmation that the works were lawful.
What a good application needs
- An understanding of significance. Explain what is special about the building and which parts are historic.
- A precise description of the works. Drawings, photographs and a specification, so the council knows exactly what is proposed.
- A clear argument. Show why the works would not affect the building’s character.
A vague application is likely to be refused, which leaves the owner no better off. Where the works clearly affect character, a listed building consent application remains the right route.
Repairs are still the starting point
Like for like repair that does not affect character does not need consent. The new certificate does not change that. It simply offers certainty where the answer is not obvious.
Our Planning and Heritage service prepares certificate and consent applications for listed building owners. See how we secured two listed building consents in one listed building.