Buying a listed building: FAQs and expert tips

Buying a listed building: essential FAQs and expert conveyancing tips

Owning a listed building, such as the iconic Battersea Power Station or Britain’s first-ever tower block, The Lawn in Harlow, Essex, offers the unique opportunity to preserve a piece of history.

These buildings often boast architectural features and characteristics that are no longer found in modern structures, making them truly one-of-a-kind properties. However, purchasing and maintaining a listed building comes with specific responsibilities and considerations.

Below, we address some frequently asked questions to help you navigate the process.

What is a listed building?

A listed building is one that has been recognised for its significant architectural or historical importance.

The listing process, governed by the Planning (Listed Buildings and Conservation Areas) Act 1990, provides legal protection to ensure that the character and significance of these buildings are preserved. Notably, listings can also include specific parts of a building or objects within its grounds.

Buildings are generally listed in three categories:

• Grade I: Buildings of exceptional interest, comprising approximately 2.5% of listed buildings.
• Grade II*: Particularly important buildings of more than special interest, making up about 5.8% of listed buildings.
• Grade II: Buildings of special interest, the most common grade for residential properties.

Owning a listed building allows you to become a steward of history, often following in the footsteps of previous generations who valued these structures.

Where is the list maintained?

Historic England maintains the official list of listed buildings, which is accessible via their website.

The list highlights what is significant about each building, ensuring that any future changes do not diminish its historical or architectural importance.

This process helps preserve the building’s legacy for future generations.

What changes can be made to a listed building?

Any alterations or additions to a listed building must be sympathetic to its character, including internal changes. Typically, any modifications require listed building consent in addition to standard planning permission and building regulations consent. Local authority conservation officers can provide guidance and further information is usually available on council websites.

Failure to adhere to the conditions of listed building consent, or carrying out unauthorised works, can result in enforcement action. This may involve restoring the building to its original state, as detailed in an enforcement notice issued by the local authority. Such notices will appear on a local authority search carried out during the conveyancing process.

Unlike unauthorised works carried out without planning consent, which may become lawful over time, breaches of listed building consent remain attached to the property indefinitely. This civil liability transfers to any new owner, making it crucial to ensure compliance before purchasing.

Additionally, unauthorised work on a listed building is a criminal offense, carrying severe penalties, including an unlimited fine or up to two years in prison. However, criminal liability does not transfer to new owners.

What should you consider when buying a listed building?

Before purchasing a listed building, it is essential to conduct thorough due diligence:

1. Local authority search: A local authority search will confirm whether the property is listed and provide details of any approved works. However, it may not reveal unauthorised works unless an enforcement notice has been issued. Therefore, it is vital to have your surveyor assess whether any alterations have been made and to raise inquiries with the seller.
2. Building condition: A survey is crucial to assess the building’s condition and estimate the costs of any necessary repairs or maintenance. Providing the surveyor with a copy of the listing, along with any planning permission and listed building consents, is recommended.
3. Maintenance costs: Maintaining a listed building can be expensive, as Historic England may recommend using traditional materials and methods, requiring specialist contractors. Additionally, buildings insurance premiums can be higher for listed properties, so it is advisable to obtain quotes early in the process.
4. Potential use: If your purchase is contingent on making alterations or additions, including construction within the grounds, it is essential to inquire about the feasibility of these changes before committing to the purchase.
5. Building history: Reviewing the building’s history, including any listed building consents granted for previous works, is important. This ensures that all modifications have been legally approved and are in line with the building’s listed status.

Owning a listed building is a rewarding experience, allowing you to enjoy a direct link to the past. By understanding the legal requirements and responsibilities that come with such a property, you can ensure peace of mind and preserve its historical significance for future generations.

How can Morr & Co help?

The Residential Conveyancing team at Morr & Co offers expert guidance and personalised support throughout the entire process of buying or selling a listed building.

Our team understands the unique complexities that come with listed properties, including navigating the legal requirements for alterations, ensuring compliance with historical preservation standards, and addressing any potential issues related to unauthorised works.

With our extensive experience and deep knowledge of conveyancing laws, we are well-equipped to manage every aspect of your transaction, providing you with peace of mind from start to finish.

If you would like more information on listed buildings or help with your property purchase, please contact our Residential Conveyancing team on 01737 854500  or by emailing info@morrlaw.com.

Disclaimer
Although correct at the time of publication, the contents of this newsletter/blog are intended for general information purposes only and shall not be deemed to be, or constitute, legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article. Please contact us for the latest legal position.