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.