When a building is a Listed Building, this means that the building is on a national register as a property of architectural or historic importance or interest, usually having exceptional character due to its style and substance or history.
Although in some cases, the reasons for listing the building are quite limitede, The effect, however, is that if a building is listed, then the entire building is listed… and if your vendor or their estate agent tells you different then they’re either misinformed or lying.
In fact, listing confers protection on any object or structure fixed to the listed building and which is ancillary to it, or is within the curtilage which forms part of the land, and so the building, both inside and out, plus the area immedately around the building is protected under the listing.
What can be curtilage listed?
Some buildings or structures within the grounds or ‘curtilage’ of a listed house will also be subject to the same laws and controls as the listed building itself. This means that curtilage listed structures receive the same level of protection as the principal listed building.
Curtilage listed structures can include:
– boundary walls
– railings and gates
– farm buildings
– coach houses and stables
– workers cottages
For example, aa stable block associated with a listed Manor House building could be deemed to be ancillary to it and therefore although only the listed Manaor House is iin the listing, the stable block could be protected within that listing.
The interpretation of a listed building is something that should be left to a lawyer, and onoe specialising in listing….some planning lawyers do not understand the intricacies of listing.
The owner of a listed building has a duty to keep it in good repair and to maintain the buildings character, but has no obliigation to carry out repairs unless the property becomes at risk, when the local authority (acting on behalf of English or Scottish heritage).
The curtilage of a building (the principal building) is in general terms any area of land and other buildings that is around and associated with that principal building.
Something will generally be ‘curtilage listed’ if:
- is located within the principal listed building’s curtilage, which forms part of its land and has done so since before 1 July 1948
- was in the same ownership as the principal listed building at the time that building was listed
- was ancillary to the principal listed building at the time that building was listed
A listed building owner must obtain a special category of planning consent – acalled Listed Building Consent (LBC) or a written waiver that LBC is not required before carrying out works. This must be applied for and obtained prior to making any changes to the listed building which might affect its character or special interest as a ahistorc building. It is a criminal offence to carry out work on a listed building without LBC.
Any unauthorised work by a previous owners can cause problems to a new buyer. Before you purchase a listed building, you must ensure that all work in the past had planning permission, listed building consent. The current owner, not the previous owner who carried out the work, is liable to correct any alterations or additions that do not meet with the conservation officer’s conditions and standards. A new owner will inherit these problems. And there is no time limit on the enforcement of such repairs.