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What are the legal considerations when purchasing a listed building?

Have you made the decision to purchase a listed building?

It is an exciting and rewarding adventure, but it also brings some unique responsibilities and challenges.

Before making the purchase, it is important to fully understand these responsibilities so that your new home can be both a beloved place to live and fully compliant with the law.

Understanding listing grades

Listed buildings in England are classified into three grades:

Grade I – buildings of exceptional interest
Grade II* – particularly important buildings of more than special interest
Grade II – buildings of national importance and special interest

Understanding which grade your property falls under is important, as it will dictate the extent of protections and limitations on alterations and repairs you can make.

For example, Grade I buildings are considered the most historically and culturally significant and have strict rules around what can and can’t be altered.

Grade II buildings on the other hand are more common than Grade I. While they are still protected, the rules are more flexible when it comes to making amendments or additions.

Conservation areas

In addition to the listed status of buildings, you should be mindful of conservation areas when purchasing a property.

Conservation areas are given a special status due to its special architectural or historical interest.

Every local planning authority in England has at least one conservation area, of which there are roughly 10,000.

Properties within conservation areas might be subject to additional planning controls and considerations.

For example, work you’d normally be able to do on a house such as replacing a door or a window, may require planning permission.

Listed Building Consent

If your plans for a listed building once it is purchased include altering or extending it, then you need to obtain Listed Building Consent (LBC) from your local planning authority.

This applies to any work that affects the building’s character or appearance, and it is a criminal offence to undertake alterations without obtaining this consent.

Even seemingly minor changes, like replacing windows, may require consent if they impact the building’s character.

Be mindful that if previous owners have made unauthorised changes to the property, you may be held responsible for rectifying them.

Therefore, conducting a thorough survey and ensuring that all previous works were appropriately authorised is vital before finalising the purchase.

You could also consider indemnity insurance to protect against the risk of unapproved works.

Costs and responsibilities

Owning a listed building typically involves higher maintenance costs compared to unlisted properties.

Repairs must often be done using traditional techniques and materials, which can increase costs.

It is also important to stay on top of routine maintenance such as checking the roof, guttering, and drains, since water damage and damp can cause issues in historic buildings.

Planning permission vs. Listed Building Consent

Listed Building Consent and planning permission are distinct requirements.

While LBC relates specifically to protecting the building’s historic character, planning permission deals with broader development and land use changes.

For example, internal alterations might only need LBC, but significant external modifications might require both LBC and planning permission.

Financial assistance and insurance

There are grants available for listed buildings that are at risk, provided by organisations like Historic England, to help cover the cost of necessary repairs and conservation work.

This financial assistance can be a benefit, especially given the higher costs associated with maintaining listed properties.

Specialist home insurance is also recommended, as standard policies may not provide adequate coverage for listed properties.

This is also recommended given the involvement of conservation officers and heritage authorities in the event of damage.

Policies should cover the full cost of restoring the building to its original state, including the use of specific materials and methods as required by the conservation authorities.

With the right preparation, your listed property can be both a cherished home and a carefully preserved historical asset.

For more information on the legalities behind buying a listed building, contact our expert team.

Elizabeth Jennings

Director - Commercial Property & Charities

I joined Mander Hadley in 2004, qualified as a solicitor in 2006 and have focussed on commercial law throughout. I am also a member of Coventry and Warwickshire First and Warwickshire Law Society.

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