Forest Heath Listed Buildings FAQ

This Guide is intended to set out what listing means and how it may affect you.

The list of buildings of special architectural or historic interest is a register, compiled by the Department of Culture, Media and Sport, recording the best of British buildings. It comprises a wide variety of structures, from castles and cathedrals down to milestones and village pumps. Not all the structures are what we may consider to be 'beautiful'; some are included purely for their historical value. This list adds up to a heritage register and covers the entire country.

 Why does the Department of Culture, Media and Sport list buildings?

The Department of Culture, Media and Sport lists buildings to identify our heritage. Under the Town and Country Planning Act 1990, the Secretary of State has a statutory duty to list buildings of special architectural or historic interest. In choosing buildings for listing, other factors, such as the cost of maintaining the building, unsuitability to modern needs and their current state of repair, are not considered (unless this has harmed the architectural interest). The list is a register which puts a mark against those buildings that are considered special.

 How does the Department of Culture, Media and Sport list?

Most buildings have been selected in the course of the national re-survey of listed buildings. Every town in England has been visited by fieldworkers from the Department of Culture, Media and Sport (previously the Department of the Environment) and the best buildings have been selected against a set of national criteria. The results of this survey, edited into lists, are available at our District Offices.

Sometimes it is necessary to list individual buildings which may have been overlooked in the re-survey. These buildings can be spot-listed. The effect of this is the same and the list will again be available for inspection at the District Offices. Sometimes spot listing is preceded by a Building Preservation Notice which is made by the local council and which invites the DCMS to consider the property for listing immediately. 

 What criteria are used?

All the properties that the Department of Culture, Media and Sport inspect are judged according to a set of national standards. These standards are approved by the Department's professional advisers, English Heritage. Very broadly, the Department of Culture, Media and Sport list:
  • All buildings built before 1700 which survive in anything like their original condition
  • Most buildings of 1700 to 1840, although selection is necessary
  • Between 1840 and 1914, only buildings of definite quality and character and the selection is designed to include the major works of principal architects
  • Between 1914 and 1939, selected buildings of high quality or historic interest
  • A few outstanding buildings erected after 1939.
In choosing buildings, particular attention is paid to:
  • Special value within certain types, either for architectural or planning reasons or as illustrating social and economic history (for example, industrial buildings, railway stations, schools, hospitals, theatres, town halls, markets, exchanges, almshouses, prisons, lock-ups, mills)
  • Technological innovation or virtuosity (for example, cast iron, prefabrication, or the early use of concrete
  • Association with well known characters or events
  • Group value, especially as examples of town planning (for example, squares, terraces or model villages).
The buildings are classified into grades to show their relevant importance. These are as follows:
  • Grade I Buildings of exceptional interest (around 2% of all listed buildings)
  • Grade II* Particularly important, of more than special interest (around 4%)
  • Grade II Buildings of special interest, which warrant every effort being made to preserve them

 What does the listing mean?

The lists are a register, but they do mean that, if you wish to demolish, alter or extend a listed building in a way that affects its character, Listed Building Consent must be obtained from us. Listing also covers both the exterior and interior of a property. Listed Building Consent will be in addition to any planning permission or building regulation approval that may be needed, although, for most owners, planning and listed building applications can be considered together (and Listed Building Consent does not require a fee).

The fact that a building is listed does not necessarily mean that it must be preserved intact for all time, but it does mean that the case for its preservation can be considered quite separately from the merits of any development proposals. We can advise you on this. It is a criminal offence to demolish, alter or extend a listed building without consent and the penalties can be heavy.

 Can grant assistance be made?

It is possible in certain circumstances to get grant assistance for repair works. Grants for the repair of buildings of outstanding architectural or historic interest, which usually means Grade I and some Grade II*, may be available from English Heritage, as long as the application is made before the work commences. Grants may also be made to non-outstanding buildings in Conservation Areas.

Further information on grant assistance from central government can be obtained from:
English Heritage
23 Savile Row
London
W1X 1AB
English Heritage - East of England Office
62-74 Burleigh Street
Cambridge
CB1 1DJ

Local councils sometimes have an amount of money available for works to buildings of architectural or historic interest. It is advisable to contact your local council as to whether grant is available.

Some buildings enjoy a more favourable position than an unlisted building with regard to Value Added Tax. VAT zero rating is available for approved alterations (alterations which require and obtain Listed Building Consent from the appropriate planning authority), to listed buildings which are dwellings or are being used for qualifying residential purposes, or for the non-business activities of a charity. This also applies to buildings that are being converted for qualifying residential or non-business charity use. However, alterations to other listed buildings, repair works or maintenance and alterations not requiring Listed Building Consent, are standard rated, as is the construction of a new building within the curtilage of a listed building (unless the new building is itself designed as a dwelling or is to be used for a qualifying purpose. The relief depends on using a VAT registered builder. There is no system of refund for VAT paid on materials or goods you purchase, whether to do it yourself or to be used by a labour only subcontractor. A leaflet (Number 708 August 1998 - Buildings and Construction) is available from your local Customs and Excise Office.

 Can I be made to maintain my listed building?

The Council can make an owner of a listed building maintain their listed building, but this is generally only in extreme circumstances. A listed building is part of our heritage and most owners are both pleased and proud to maintain their properties. In some cases, repairs and alterations may need to be carried out with materials that are in keeping with the original building and this may involve additional cost. Local councils do have the power to serve an Urgent Works Notice or a Repairs Notice on an owner if a listed building becomes dilapidated, but these notices are only used as a last resort. In general there are three steps that can be taken if your property is falling badly into disrepair:
  • We will encourage you to maintain it and staff can offer you helpful practical and technical advice
  • If the property still remains neglected, we may serve an Urgent Repair Works Notice or a Full Repairs Notice
  • If there is failure to comply with the notice, we can take action to compulsorily acquire the property.
In the case of unoccupied listed buildings, we can carry out the work ourselves to make a building wind and weatherproof. We can then recover the costs from the owner, but there is a right against recovery to the Department of the Environment. One of the grounds that can be cited is the financial hardship that the bill will cause.

 How far does the listing extend?

Buildings are listed in their entirety; there is no such thing as just a listed facade or interior. Some parts of a listed building may, however, be more important than others and this could be significant if you are considering applying for Listed Building Consent for partial demolition or alteration.

The list description is intended primarily for identification purposes. It does not provide a comprehensive or exclusive record of all the features of importance. In addition, any object or structure fixed to a listed building or included within the curtilage of the building, which forms part of the land and has done so since before 1 July 1948, is included in the listing. Again, we should be able to help with any problems of identification or interpretation in a particular case.

 Is it possible to appeal against the listing?

There is no statutory right of appeal, but if you consider the property not to possess special architectural or historic interest and you are considering making such an appeal, a guidance note is available from the Department of Culture, Media and Sport at the following address:
Department of Culture, Media and Sport
2-4 Cockspur Street
London
SW1Y 5DH
There are no forms to fill in and no complex procedure, but remember that it is the building's special architectural or historic interest that concerns the Department of Culture, Media and Sport. They do not take into account any other factors.

Finally

Most owners are pleased that their properties have been listed and recognised as part of our heritage. In many areas, the cachet of listing, coupled with appropriate and approved alterations may also add to the value of residential property. It is, however, recognised that there are others who may be dubious or hostile to listing.
My Neighbourhood
Forest Heath District Council
District Offices
College Heath Road
Mildenhall
Suffolk IP28 7EY
Tel: +44(0)1638 719000
Out of hours emergency number for all Forest Heath District Council services
01284 763252