This
historic document has been placed on the World Wide Web as a service
for the community by Pavilions of Splendour, who cannot be held responsible
for its content or for any errors or omissions. An up to date version
of this information is available for the Department of Culture, Media
and Sport.
1.
Introduction
1.1
This guide sets out what "Listing" means and how it may affect owners
and occupiers.
1.2 The list of buildings of special architectural or historic interest
is just that - it is a register recording the best of British buildings.
It comprises a wide variety of structures, from castles and cathedrals
down to mileposts and village pumps. Not all the items on it are what
we might naturally think of as beautiful - some are included purely
for their historical value. But the list adds up to a heritage register
and it covers the entire country.
2.
Why do we list?
Because
we want to identify our heritage. Under the town and Country Planning
Act 1971 the Secretary of State has a statutory duty to list buildings
of special architectural or historic interest. In choosing buildings
for listing, we cannot consider any other factors - their state of
repair (unless this has harmed the architectural interest), the costs
of maintaining them or their unsuitability to modern needs. All these
things can be considered if an owner wishes to demolish or alter his
listed building (see section 5 below). The list is a register it simply
puts a mark against those buildings which are considered special.
3.
How do we list?
3.1
Most buildings have been selected in the course of the national resurvey
of listed buildings. This is a nationwide exercise which is nearing
completion. Every town and village in England has been visited by
our expert fieldworkers and the best buildings have been selected
against a set of national criteria The results of this exercise (edited
into lists) are available for inspection at your Council offices.
3.2 Sometimes, it is necessary to list individual buildings which
may have been overlooked at the resurvey. These buildings are "spot-listed".
The effect is the same, and the list will again be available for inspection
at your local Council office. Sometimes spot listing is preceded by
a building preservation notice which is made by your local Council
and which invites us to consider your property for listing at once.
4.
The criteria we use
4.1
All the properties we inspect are judged according to a set of national
standards. These standards are approved by the Department's professional
advisers in the Historic Buildings and Monuments Commission (better
known as English Heritage). They are also responsible for seeing that
the standards are applied nationally in the course of the resurvey,
and they supervise the listing fieldwork.
4.2
Very broadly, we list:-
All
buildings built before 1700 which survive in anything like their original
condition. Most buildings of 1700 to 1840, though selection is necessary.
Between 1840 and 1914 only buildings of definite quality and character,
and the selection is designed to include the principal works of the
principal architects. Between 1914 and 1939, selected buildings of
high quality or historic interest. A few outstanding buildings erected
after 1939. In choosing buildings, particular attention is paid to
special value within certain types, either for architectural or planning
reasons or as illustrating social and economic history (for instance,
industrial buildings, railways stations, schools, hospitals, theatres,
town halls, markets, exchanges, almshouses, prisons, lock-ups, mills).
Technological innovation or virtuosity (for instance cast iron, prefabrication,
or the early use of concrete). Association with well-known characters
or events. Group value, especially as examples of town planning (for
instance, squares, terraces or model villages). A total of almost
435,000 buildings in England had been included in the lists by December
1989.
4.3 The buildings are classified in grades to show their relative
importance as follows: Grade I These are buildings of exceptional
interest (only about 2 per cent of listed buildings so far are in
this grade). Grade 11* These are particularly important buildings
of more than special interest (some 4 per cent of listed buildings).
Grade 11 These are buildings of special interest, which warrant every
effort being made to preserve them.
5.
What does listing mean?
5.1
As we said above, the lists are a register. But they do mean that
if you wish to demolish, alter or extend a listed building in a way
that affects its character, you must have "listed building consent"
from your local planning authority. This will be in addition to any
planning permission you need, although for most owners applications
for both can be considered together (and listed building consent applications
are free).
5.2 The fact that a building is listed does not necessarily mean that
it must be preserved intact for all time; but it does mean that the
case for its preservation can be considered quite separately from
the merits of any development proposals. Your local Council will be
able to advise you about this. 5.3 It is an offence to demolish, alter
or extend a listed building without consent, and the penalties for
this can be heavy.
6.
Can I get any help for my listed building?
6.1
It is possible. Grants for the repair of buildings of outstanding
architectural or historic interest - which usually means Grade I and
some Grade 11* buildings, and occasionally others - may be available
from English Heritage, as long as the application is made before the
work is commenced. Grants may also be made to non-outstanding buildings
in conservation areas. Further information is available from: The
Historic Buildings and Monuments Commission for England 23 Savile
Row London WIX 2HE
6.2 Local authorities have a wider scope. They may make grants for
any building of architectural or historic interest and are not restricted
to outstanding buildings or even to listed buildings. Grants may be
made by County and District Councils (and in London by London Borough
Councils), and you may like to contact your local authority about
this. In some cases, a higher rate of improvement grant may be available
from them (see section 7.4 below). 6.3 Some listed buildings enjoy
a more favourable position as regards Value Added Tax than do unlisted
buildings. VAT zero-rating is available for "approved alterations"
(that is, alterations which both require and obtain listed building
consent from the appropriate planning authority) to listed buildings
which are dwellings or are used for qualifying residential purposes
or for the non-business activities of a charity. It also applies to
buildings that are being converted for qualifying residential or non-business
charity use. However, alterations to other listed buildings, works
of repair or maintenance and alterations not requiring listed building
consent, are standard-rated, as is the construction of a new building
within the curtilage of a listed building (unless the new building
is itself designed as a dwelling or is to be used for a qualifying
purpose). Remember, the relief depends on your using a VAT registered
builder; there is no system of refund for VAT paid on materials or
goods you purchase whether to "do-it-yourself" or to be used by a
labour only sub-contractor. A leaflet (708/1/85 - protected Buildings
plus Amendments No. I & 2) is available from your local Customs
and Excise Office, but you should bear in mind that it is written
for the guidance of VAT registered builders who have to decide whether
VAT is chargeable on any work they carry out. Therefore, "you" in
the text of the leaflet means the builder and not the listed building
owner.
7.
Can I be made to maintain my listed building?
7.1
Yes, but only in extreme circumstances. A listed building is part
of our heritage and most owners are pleased and proud to maintain
their properties. In some cases, repairs and alterations may need
to be carried out with materials which are in keeping with the original
buildings. This may sometimes prove more expensive than it would for
a modern building, but in most cases their use is good housekeeping.
Local Councils do have the power to serve a repairs notice on an owner
if a listed building becomes dilapidated. But these notices are used
only as a last resort. 7.2 In general, you will find that there are
three steps that can be taken if your property is falling badly into
disrepair - the Council will encourage you to maintain it: you should
find that their staff can offer you helpful practical and technical
advice; - if the property still remains neglected, they may serve
a repairs notice on you specifying what work needs to be done; -if
you fail to comply with the notice, the Council can compulsorily acquire
the property. 7.3 In the case of unoccupied listed buildings, the
Council can take another course. They can, if they wish, carry out
work themselves to make a building wind and weather proof, and can
then recover the costs from the owner but there is a right of appeal
against recovery to the Department, and one of the grounds that can
be cited is the financial hardship the bill will cause you. 7.4 In
addition, local authorities can pay housing improvement grants at
a higher rate for listed than for other buildings. Your local Council
will be able to supply details.
8.
How far does the listing extend?
Buildings
are listed in their entirety: there is no such thing as just a listed
facade or interior. But some parts of a listed building may be more
important than others, and this could be significant if you are thinking
of applying for listed building consent for partial demolition or
alteration. The list description is intended primarily for identification
purposes. It does not provide a comprehensive or exclusive record
of all the features of importance. In addition, any object or structure
fixed to a listed building or included within the curtilage of the
building which, although not fixed to the building, forms part of
the land and has done so since before I July 1948, is included in
the listing. Again, your local Council should be able to-help you
with any problems of identification or interpretation in particular
cases.
9.
Can I appeal against my listing?
9.1
There is no statutory right of appeal, but if you feel your property
does not possess special architectural or historic interest, you may
write to the address at the top of the accompanying letter. There
are no forms to fill in, and no complex procedure. But remember -
it is the buildings special architectural or historic interest that
concerns us. We cannot take into account any other factors.
9.2 If you are thinking of making such an appeal, a guidance note
is available from the Department. Again, all you have to do is to
write to the address at the top of the accompanying letter.
10. Finally, most owners are pleased that their properties have been
listed and so recognised as part of our heritage. In many areas, the
cachet of listing may add to the value of residential property. But
we recognise that others will be dubious or hostile to listing. This
announcement is designed to answer only general queries: if you have
other, more detailed questions, you should contact your local Council.
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