Listed buildings

If your property is listed, all parts of the building (inside and out, and anything attached to it) are protected. This applies even if items do not appear on the List.

It can be challenging to decide which alterations may affect the character of a listed building. In each case, it often comes down to our professional judgment.

A building might be listed due to its relationship with the primary listed building on the site, as per Section 1(5) of the Planning (Listed Building and Conservation Areas) Act 1990.

Whether a building is 'curtilage' listed or not is something that also requires research. This might be information contained within deeds, and historic maps or plans. Our Heritage team will decide which changes affect the special architectural or historic character of a building.

Changes need listed building consent in line with Part I, Section 7 of the Planning (Listed Building and Conservation Areas) Act 1990.

Carrying out works without consent could be a criminal offence.

Due to their unique nature, it is difficult to answer general questions about listed building consent. However, there are some elements of work that tend not to need consent.

Unauthorised works

You must not carry out any works to a listed building, that need listed building consent, without first getting consent.

This is a criminal offence as per Part I, Chapter II, Section 9 of the Planning (Listed Building and Conservation Areas) Act 1990.

Unauthorised works can also affect the sale of a house.

Where this is evidence or suspicion to suggest that unauthorised works have been carried out, our Planning Enforcement team will investigate.

1. Rewiring (unless it requires structural alterations)
2. New heating systems and new radiators. However if a new external flue or boiler is needed, this is likely to need consent or permission
3. Repainting walls, or decorating windows and external doors, in the same colour as the existing one(s)
4. 'Like for like' repair on a small scale and when using matching materials and methods. The extent of the repair should still be discussed with our Heritage team

Please note that 'like for like' is a phrase often used with reference to listed buildings - sometimes wrongly. The phrase 'like for like' does not appear anywhere in the relevant legislation (the Planning (Listed Building and Conservation Areas) Act 1990).

At present, there is no fee for a listed building consent application.

You can do the drawings yourself, but they must be accurate and to a recognised scale.

The other documents you must provide are:

• a Heritage Statement
• a Design and Access Statement

If we do not receive these documents, we will not be able to validate your application.

You apply for listed building consent via Planning Portal:

Apply for listed building consent

You may also need regular planning permission to carry out your proposed works. We always recommend that - ahead of making any application(s) - you talk to us via our pre-application advice service.

Minimum Energy Efficiency Standards (MEES) Regulations were introduced by the government in 2018.

The regulations were introduced to:

• improve the quality of privately rented buildings in England and Wales
• increase the energy efficiency of the worst performing homes and buildings
• improve the comfort and conditions in privately rented homes
• reduce fuel poverty

in domestic privately rented properties.

Historic buildings, listed buildings and buildings within conservation areas are exempt if 'compliance with the minimum energy requirements would unacceptably alter their character or appearance'.

This is not a blanket exemption. Even if a building is protected, it may still be possible to make improvements, where the character or appearance of the building will not be altered.

Unacceptable alterations in most listed buildings would include:

• double glazing
• new doors and windows
• external wall insulation
• external boiler flues

However, there are many other, more low impact, measures which may be acceptable. It is your responsibility to make sure that any works may or may not be permitted. We recommend that you seek advice via our our pre-application advice service.

If you decide to apply for exemption, you will need to provide evidence that:

• all recommended measures on your energy performance certificate would unacceptably alter the character or appearance of the building
• none of the recommended measures could have been carried out to improve the energy efficiency of the building

Buildings and structures within the curtilage of listed buildings may also be protected by listed building legislation. They are referred to as 'curtilage listed'.

These buildings and structures might include walls, outbuildings, backhouses and dairies.

The deciding criteria as to whether an item is classed as curtilage listed or not, is as follows:

1. Was the building or structure erected before July 1948?
2. Was the building or structure in the same ownership as the principal listed asset, at the time of listing?
3. Did the building or structure have an ancillary relationship with the principal listed building, at the time of listing?

Alterations or extension to curtilage listed buildings or structures might also need listed building consent. This will be subject to their relationship with the primary listed building - which will be established before any works begin.

Contact our Heritage team before you submit an application.

Planning permission may also be needed.

Please note that linking a curtilage building to a host building will require listed building consent and planning permission.

Development within the curtilage of a listed building

The construction of new buildings, structures or enclosures within the curtilage of a listed building will need planning permission.

It will not need listed building consent (unless the proposed structure is attached to the listed building).

Please read our standing advice for minor development within the grounds of listed buildings for more information.

Our guidance on internal alterations includes information about:

• modernising kitchens and bathrooms
• removing ceilings to expose beams
• removing walls 
• uncovering or exposing an earlier fireplace 
• sole plate and timber-frame repairs, removal of cement render and re-rendering in lime
• new ground floor and/or underfloor heating 
• insect infestation
• curing a damp problem

Our guidance on external alterations includes information about:

• new or replacement windows
• extensions
• changing the external paint colour
• dangerous chimneys
• solar panels