Planning essentials case update: what changes can I make to my listed building?

A recent decision[1] by the Planning Inspectorate is a stark reminder to listed building owners of the costly ramifications of ignoring planning rules for listed buildings. In 2010, the owner of a Grade II listed three-storey terraced house built in Westminster in 1729 had an application for listed building consent for a sub-basement refused by the Council, and then rejected at appeal. The owner nevertheless went ahead with unauthorised changes – including a new basement level complete with a cinema, gymnasium and sauna. 

Westminster City Council subsequently served an enforcement notice on the owner which was then upheld by a Planning Inspector at appeal last month. The homeowner must now completely and permanently infill the unauthorised basement, remove unauthorised alterations and pay the Council’s costs.  The Inspector acknowledged that the restoration works would likely mean that the homeowner would need to vacate the property for some time and obtain separate authorisations for the infilling – so a very costly and time-consuming endeavour awaits.   

The Listed Buildings and Conservation Areas Act 1990 sets out that you need listed building consent for any works of demolition of a listed building or for the alteration or extension or a listed building in any manner that would affect its character as a building of special architectural or historic interest.

This means that not all works to a listed building will require listed building consent. If your property is listed and you want to carry out any internal or external works, you must (i) identify the building’s special architectural or historic interest and then (ii) consider whether the proposed works will impact that special interest. If so, listed building consent is required.  

A good starting place for a homeowner is to consider how Historic England describes the property by viewing the Historic England List (see here) and by reviewing Historic England’s guidance notes (see here) setting out what types of work may or may not require listed building consent. However, homeowners should note that the List is not always up to date and that listings are not definitive as to what constitutes special character.

Carrying out unauthorised works to a listed building is a criminal offence. A homeowner could be liable to an unlimited fine or even a term of imprisonment of up to two years. On top of a criminal conviction, the local planning authority – as seen in the recent appeal – can require you to reverse all the changes and restore the listed building to its original state. This can be an expensive exercise. 

A local planning authority can take enforcement action against unauthorised changes to a listed building at any time – there is no limitation period. Therefore, homeowners should take extra care when making any alterations, whether internal or external, to a listed building. It’s also worth remembering that planning permission may be required on top of listed building consent.

If you are planning to sell your listed property and you have made changes without obtaining the necessary listed building consent, your buyer may want the position regularised before they purchase (so that they do not find themselves in a situation where they are required to reinstate the works). This could delay or frustrate the sale.  

Therefore, before undertaking any work to a listed building homeowners should engage proactively with officers at their local planning authority as to what may be acceptable, and consider instructing a heritage consultant or such other expert for specialist input. 

[1] Appeal Ref: APP/X5990/F/23/3319608