In short
- Buildings are listed at Grade I, Grade II* or Grade II, and the National Heritage List for England, run by Historic England, is the official record.
- Listing covers the whole building, inside and out, plus objects fixed to it and, in many cases, older structures within its curtilage.
- Listed building consent is needed for works that would affect the building's character as a building of special architectural or historic interest, and that can include some repairs.
- Carrying out such works without consent is a criminal offence under the Planning (Listed Buildings and Conservation Areas) Act 1990, and consent granted afterwards doesn't cancel the offence.
- There is no application fee for listed building consent in England, and the council should normally decide within 8 weeks of validation.
- Approved alterations to listed homes have been standard-rated for VAT since 1 October 2012.
How listing works: grades and the National Heritage List
A listed building is one that has been added to the statutory list of buildings of special architectural or historic interest. In England the list is kept as the National Heritage List for England, which Historic England runs, and decisions on adding buildings are made by the government on Historic England's advice. Each listed building is given one of three grades.
| Grade | What it means | How common it is |
|---|---|---|
| Grade I | Buildings of exceptional interest | Historic England puts this at only around 2.5 per cent of listed buildings |
| Grade II* | Particularly important buildings of more than special interest | Around 5.8 per cent, according to Historic England |
| Grade II | Buildings of special interest, warranting every effort to preserve them | Over 90 per cent of listed buildings, and the grade most listed homes have |
The grade affects who is consulted on applications, but the legal protection is the same for all three.
To check whether a building is listed, search the National Heritage List for England by address or postcode on the Historic England website. Each entry has a list entry number, a grade, a date of listing and a description. Older descriptions often say little about the interior, but that doesn't mean it is unprotected.
What listing protects: inside, outside and within the curtilage
The most common misunderstanding is that only the features mentioned in the list entry are protected. In law the whole building is listed. Historic England's guidance explains that listing covers the entire building, including its interior, unless parts are specifically excluded in the list entry.
Section 1(5) of the Planning (Listed Buildings and Conservation Areas) Act 1990 extends the protection further. For the purposes of the Act, the listed building includes:
- Any object or structure fixed to the building, which can include fireplaces, panelling, staircases, fixed shutters and some light fittings where they contribute to its interest.
- Any object or structure within the curtilage of the building which, although not fixed to it, forms part of the land and has done so since before 1 July 1948. This can catch outbuildings, boundary walls, barns and garden structures.
Since 2013, section 1(5A) has allowed a list entry to state that a particular attached or curtilage structure isn't part of the listed building, or that a part or feature isn't of special interest. Many older entries don't use this power, so their protection is broad.
Working out the curtilage isn't always easy. Historic England's Advice Note 10 says the assessment looks at the physical layout, ownership and use of the listed building and the structure, past and present. A flint wall or outbuilding that once served a farmhouse may be protected even if it is now separately owned, so ask the conservation officer before working on any older structure near a listed building.
Works that usually need listed building consent
Section 7 of the 1990 Act sets the test. Consent is needed for the demolition of a listed building, and for its alteration or extension in any manner which would affect its character as a building of special architectural or historic interest. Whether a particular job crosses that line is a matter of judgement, which is why the conservation officer's view matters. In practice, consent is commonly needed for:
- Extensions, including conservatories and porches, and most loft conversions.
- Removing or moving internal walls, opening up fireplaces or blocking them, and changing the plan form of the house.
- Replacing windows or doors, adding new openings, and fitting double-glazed units into historic frames.
- Removing or replacing original features such as staircases, panelling, doors, shutters, cornices and fireplaces.
- Changing roof coverings, rebuilding or removing chimney stacks, and adding rooflights.
- Re-rendering or removing render, painting previously unpainted brickwork, and changing the mortar type or joint style in repointing.
- Replacing lime plaster with gypsum, or lath and plaster ceilings with plasterboard.
- Insulation, secondary glazing, solar panels and services that affect historic fabric, depending on the details.
- Demolishing or substantially altering curtilage structures such as walls and outbuildings.
Repairs are where owners are most often caught out. Historic England's Advice Note 16 explains that like-for-like repair, meaning work that is physically and visually compatible, may not need consent. But replacing material with something different, for example original timber windows with PVCu, would need consent. Wholesale renewal, as opposed to repair, can also need consent, because it means losing historic fabric. If a repair would change how the building looks or what it is made of, or remove more than a small amount of original material, treat it as needing consent until the council tells you otherwise.
Works that often don't need consent, and how to be sure
Not every job on a listed building needs an application. Routine maintenance and small, genuinely like-for-like repairs usually don't, such as clearing and repairing gutters in matching materials, replacing a few slipped tiles with matching ones, repainting joinery in the same colour and type of paint, small patches of matching lime pointing or plaster, and renewing sash cords. Even these depend on the building: repainting is a different matter over a painted scheme of historic interest.
If you want formal certainty, section 26H of the 1990 Act lets you apply for a certificate of lawfulness of proposed works to a listed building. The council issues it if it is satisfied that the works wouldn't affect the building's character as a building of special interest. Some councils have also made local listed building consent orders for particular types of minor work, so ask whether one applies to your building.
Unauthorised works: the criminal offence and enforcement
Section 9 of the 1990 Act makes it an offence to carry out, or cause to be carried out, works that need listed building consent without it, or to fail to comply with a condition attached to a consent. Unlike most planning breaches, this is a criminal offence from the start, and it applies to the person who does the work or instructs it, which can mean both the owner and the builder.
- The Act provides for a fine, imprisonment or both on conviction, and when setting a fine the court must take into account any financial benefit from the offence.
- There is a narrow defence for urgent works needed for safety, health or the preservation of the building, but only where repair or temporary support wasn't practicable, the works were limited to the minimum immediately necessary, and the council was given written notice justifying them as soon as reasonably practicable.
- Consent can be applied for after works have been done, but the Planning Portal points out that it only authorises the works from the date it is granted, so the earlier works can still be prosecuted.
- Separately, the council can serve a listed building enforcement notice under section 38 requiring the building to be restored to its former state, or other works to lessen the harm. A copy goes to the owner and occupier.
If you discover that work has already been done without consent, speak to the conservation officer and take specialist advice rather than hoping it won't be noticed.
Pre-application advice, heritage statements and decision times
A well-prepared application is far more likely to succeed first time. The usual route looks like this:
- Understand the buildingRead the list entry and any conservation area appraisal, and note which parts of the building are original.
- Ask for pre-application adviceMost Kent councils offer pre-application advice, often for a charge, giving you the conservation officer's view before you pay for full drawings.
- Prepare drawings and a heritage statementThe Planning Portal describes a heritage assessment that explains the significance of the building and the parts affected, and how the proposals affect them. Councils usually also want existing and proposed drawings, a description of the works and materials, and sometimes a schedule of works or method statements.
- Submit the applicationListed building consent applications can be made through the Planning Portal or direct to the council. If the works also need planning permission, such as an extension, both applications are normally made together.
- Consultation and decisionThe application is publicised, including a 21-day consultation period. Historic England and national amenity societies are consulted on some applications, particularly those involving Grade I and Grade II* buildings or demolition.
- Discharge the conditionsConsents usually come with conditions, such as approving samples of mortar, joinery details or a method of repair before work starts. Keep a record of each approval.
There is no fee for an application for listed building consent in England, although a fee is payable for any planning application made alongside it. The Planning Portal says listed building consent should be granted within 8 weeks, counted from when the council validates the application. Complex schemes, amendments and busy periods can take longer, so build that time into your plans.
Buying a listed home in Kent: checking past consents
A listed building enforcement notice can be served on the current owner, so buying a listed house can mean inheriting a previous owner's unauthorised works. Before you exchange contracts:
- Read the list entry and ask your solicitor to confirm the listing, the grade and whether the house is in a conservation area or covered by an Article 4 direction.
- Search the council's planning records for listed building consents and planning permissions at the address, and compare them with what you see on the ground.
- Look out for obvious later changes such as uPVC or double-glazed windows, cement render or pointing, removed fireplaces, knocked-through rooms, new bathrooms in old roof spaces and modern extensions.
- Ask the seller for consents, approved drawings and condition discharge letters.
- Commission a survey from a surveyor with experience of historic buildings. The Royal Institution of Chartered Surveyors and the Chartered Institute of Building both publish registers of building conservation accredited professionals.
- Be careful with indemnity policies offered in place of missing consents. Read exactly what they cover, and remember that they don't make unauthorised works lawful.
Insurance and VAT on a listed home
Historic England warns that a standard home insurance policy might not be adequate for a listed building. After a fire or flood you may be required to reinstate on a like-for-like basis using traditional materials and methods, and Historic England notes this can call for more comprehensive cover, particularly for Grade II* and Grade I buildings. Tell your insurer the house is listed, and base the sum insured on a reinstatement assessment by someone who understands historic construction.
On VAT, approved alterations to protected buildings, including listed homes, used to be zero-rated. HMRC's manual confirms that the zero rate was withdrawn from 1 October 2012, with transitional relief that ended on 30 September 2015. Approved alterations are now generally standard-rated, as repairs and maintenance always were. There are some specific reliefs elsewhere in VAT law, for example for certain long-empty homes, so if a large project is planned, ask an accountant or check HMRC guidance for your circumstances.
Conservation areas compared with listing
Many Kent towns and villages have conservation areas, designated by the council under section 69 of the 1990 Act as areas of special architectural or historic interest. A house can be in a conservation area, listed, both or neither, and the controls are different.
| Listed building | Conservation area (unlisted house) | |
|---|---|---|
| What is protected | The individual building, inside and out, plus fixed objects and many pre-1948 curtilage structures | The character and appearance of the area as a whole |
| Who designates it | The government, on Historic England's advice, recorded on the National Heritage List | The local council |
| Interior works | Can need listed building consent | Not normally controlled |
| Repairs and alterations | Consent needed where works affect special interest, including some repairs | Mostly controlled through planning, with fewer permitted development rights than elsewhere |
| Windows and doors | Replacement usually needs consent | Often permitted development unless an Article 4 direction removes the right |
| Demolition | Needs listed building consent | Demolishing a building, and some walls, generally needs planning permission |
| Trees | No separate tree rule, but trees may be in a conservation area or protected by a preservation order | Six weeks' notice to the council is needed before most work on trees, under a section 211 notice |
| Working without permission | A criminal offence under section 9 | Usually a planning breach the council can enforce against |
Article 4 directions remove specific permitted development rights. In Medway, for example, directions in nine conservation areas, including Historic Rochester, mean that replacing windows and doors on houses facing a highway or footpath needs planning permission. Check your own council's list.
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Sources
- Historic England: What are listed buildings?: historicengland.org.uk/listing/what-is-designation/listed-buildings/
- Historic England: Listed Building Consent, Historic England Advice Note 16: historicengland.org.uk/images-books/publications/listed-building-consent-advice-note-16/heag304-listed-building-consent/
- Historic England: Listed Buildings and Curtilage, Historic England Advice Note 10: historicengland.org.uk/images-books/publications/listed-buildings-and-curtilage-advice-note-10/heag125-listed-buildings-and-curtilage-jun25/
- legislation.gov.uk: Planning (Listed Buildings and Conservation Areas) Act 1990, section 1: www.legislation.gov.uk/ukpga/1990/9/section/1
- legislation.gov.uk: Planning (Listed Buildings and Conservation Areas) Act 1990, section 7: www.legislation.gov.uk/ukpga/1990/9/section/7
- legislation.gov.uk: Planning (Listed Buildings and Conservation Areas) Act 1990, section 9: www.legislation.gov.uk/ukpga/1990/9/section/9
- legislation.gov.uk: Planning (Listed Buildings and Conservation Areas) Act 1990, section 26H: www.legislation.gov.uk/ukpga/1990/9/section/26H
- legislation.gov.uk: Planning (Listed Buildings and Conservation Areas) Act 1990, section 38: www.legislation.gov.uk/ukpga/1990/9/section/38
- Planning Portal: Listed building consent: www.planningportal.co.uk/planning/planning-applications/consent-types/listed-building-consent
- GOV.UK: HMRC VAT Construction manual, VCONST08910, approved alterations of protected buildings from 1 October 2012: www.gov.uk/hmrc-internal-manuals/vat-construction/vconst08910
- Historic England: Insuring Historic Buildings: historicengland.org.uk/advice/technical-advice/buildings/insuring-historic-buildings/
- Historic England: Thinking of Buying an Older Building?: historicengland.org.uk/advice/your-home/owning-historic-property/thinking-of-buying/
- GOV.UK: Tree Preservation Orders and trees in conservation areas: www.gov.uk/guidance/tree-preservation-orders-and-trees-in-conservation-areas
- Medway Council: Dwellings with Article 4 directions: www.medway.gov.uk/info/200147/applying_for_planning_permission/553/article_4_directions/2