Gardner Leader

Stuart Durrant, Conveyancing Partner at Gardner Leader Solicitors, examines what it means for a building to be listed and advises what to look out for when purchasing such a property. 

There are quite a few listed buildings in Newbury. Shaw House is an obvious example, but there are a large number of properties, both commercial residential, in the area which appear on the list.

A listed building is a building of special architectural or historic interest and is included in a list compiled and approved by the Secretary of State for Culture, Media and Sport. A copy of the list, which includes brief descriptions of the Listed Buildings, may be inspected at Planning Reception at the Council Offices. All buildings built before 1700, which survive in anything like their original condition, are included. Most buildings dating between 1700 and 1840 will qualify. After that, only buildings of definite quality will be contained in the list.

There are three grades indicating the relative importance of listed buildings, although the law applies equally to all of them:

I - Of exceptional interest

II* - Of particular importance and perhaps containing outstanding features

II - Of special interest which warrant every effort being made to preserve them.

The Government has just issued new guidance to local authorities aimed at increased enforcement of the listed building regime. It is important to bear in mind that:

• There is no time limit in which an authority can enforce a breach.
• Liability for the alterations is said to run with the land – so if you are an innocent purchaser of a property, you may have to put the property back to its original state.
• Properties in conservation areas are also subject to restrictions.
• Many people falsely believe that the listing is only limited to certain aspects of the building and that it depends on the grading of the listing. There is no truth in the belief that a Grade II listing refers to the exterior only, nor that the items referred to in the listing notice are the only items requiring preservation. Everything in all buildings of all grades is protected; unless it can be shown that the feature or element is of no significance and does not contribute to the special interest of the building.

This applies not just to buildings or structures attached to the main listed building, but also to independent structures within the cartilage of the property if these were erected prior to 1948.

In practice, I find most potential breaches to be simple (and innocent) alterations that people genuinely consider not to be covered by the listing, for example the installation of an alarm system, replacement windows and satellite dishes to the rear of the property or lowering the floor in the cellar to give more head room; I have come across all of these. I always like to quote a very wise listed building officer from West Berkshire who once told me, “Our view of a replacement Georgian front door might not be the same as B&Q’s!”

When I act for a purchaser of a listed building, I will always look through the planning history for all listed building consents that have been granted and indeed those applications that have been refused. It is also important to check any conditions that may have been imposed and I always try to get confirmation from the seller that he or she have not carried out any unauthorised work, and preferably confirmation that no such works were done by the people before them.

Ideally, my advice would be to instruct a surveyor who is qualified in historic buildings to look at the property and check the planning history and identify any suspicious features that may be unauthorised alterations.