Listed Building Consent

It is important to note that undertaking work without consent is a criminal offence for which individuals and businesses involved can be prosecuted, see the enforcement page.

‘…no person shall execute or cause to be executed any works for the demolition of a listed building or for its alteration or extension in any manner which would affect its character as a building of special architectural or historic interest, unless the works are authorised.’

Planning (Listed Buildings and Conservation Areas) Act 1990.

What Do I Need Listed Building Consent For?

All works that require the alteration, extension or demolition of listed building requires consent. The listing protection includes anything both old and new attached to the listed building, and any buildings which are included in the curtilage of the listed building. (See our article Your Listed Building and Its Curtilage for further information).

Work that is deemed maintenance and will not affect the interest of the building can generally be undertaken without permission. However, the line between what constitutes maintenance and what exceeds this to reach the threshold of alteration is often a grey area.

‘Maintenance can be defined as “routine work necessary to keep the fabric of a place in good order” (Conservation Principles 2008). Maintenance works which do not need LBC are those which do not affect special architectural or historic interest because they are without impact on the fabric, design or appearance of the listed building, or are otherwise too trivial or minor to merit consideration in the listed building consent regime.‘

‘Although there will always be works which do not need LBC, historic building conservation is a matter of detail; works which might ordinarily be considered trivial might require specialist consideration, both to reduce impact on the listed building and/or to avoid damage to the building. Such works would therefore need LBC.‘

Historic England, Listed Building Consent 2021

Therefore, any works which go beyond the minor maintenance of the building or require the removal of any fabric will require listed building consent. This is applicable even if like-for-like repair is proposed.

For example, if a single broken windowpane requires replacement, this would fall within maintenance and does not require listed building consent, provided it is replaced to match the original including colour, thickness and natural distortions.

If the windowpane was previously single-glazed and you wish to replace it with a double-glazed pane, this would require listed building consent as it is no longer a like-for-like replacement.

If the single broken pane prompted you to replace all of the windowpanes or the whole window, this would also require listed building consent as it would result in loss of historic fabric beyond its maintenance. Contact our heritage consultants for more details.

For further support with the submission of a listed building consent application or a Heritage and Conservation enquiry, please contact Laura Fildes on 07918 319768 email laura.fildes@berrys.uk.com.