Listed Buildings

A Simple Introduction from Our Experience

At London Extend, we approach projects involving listed buildings with a unique blend of ambition and reverence. We understand that you want to create a home that works for modern life, but we also recognise that owning a listed property is a custodianship. You are caring for a piece of London's history. Over the years, we've seen first-hand that the most successful projects are not battles fought against regulations, but collaborations that respect a building's heritage while thoughtfully adapting it for the future.

Navigating the world of Listed Building Consent is fundamentally different from a standard planning application. It requires specialist knowledge, a meticulous approach, and a deep understanding of what makes your property significant. This guide is designed to give you that foundational knowledge, drawing directly from our team's extensive experience across London's historic boroughs.

The Concept in Plain English

To understand the responsibilities involved, we first need to clarify three core concepts: the Listed Building itself, the often-misunderstood idea of 'curtilage', and the vital consent required to make changes.

What is a Listed Building? A listed building is a property that has been placed on the National Heritage List for England. At its heart, a listed building is one that the government, through Historic England, has deemed to be of special architectural or historic interest and warrants protection for future generations. The primary legislation governing this is the Planning (Listed Buildings and Conservation Areas) Act 1990.

There are three grades of listing:

• Grade I buildings are of exceptional interest (e.g., Buckingham Palace).

  
  

• Grade II* buildings are particularly important buildings of more than special interest.

  
  

• Grade II buildings are of special interest. Over 90% of all listed buildings fall into this category, and it's the one most homeowners will encounter.

  
  

Crucially, the listing protects the entire building, both inside and out. It includes later additions and even modern fixtures if they are attached to the building.

What is 'Curtilage'? This is perhaps the most critical and least understood aspect of owning a listed property. The protection of the listing does not stop at the walls of the main house. It extends to the curtilage.

In simple terms, curtilage refers to the land, buildings, and structures that are ancillary to the main listed building and have been associated with it since before 1st July 1948. This can include:

• Boundary walls and gates

• Outbuildings like garages, sheds, or historic coach houses

  
  

• Statues or other garden ornaments

• Even historic paving or garden layouts

These items are considered curtilage listed and have the same level of legal protection as the main house, even if they are not specifically mentioned in the official listing description. Any work on these structures also requires Listed Building Consent.

What is Listed Building Consent (LBC)? This is the formal permission you must obtain from your Local Planning Authority (LPA) before making certain changes. It is a legal requirement, completely separate from Planning Permission.

You need LBC for 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." The phrase "in any manner" is incredibly broad and is the key takeaway. It covers a huge range of work, including:

• Building an extension

• Demolishing any part of the building, including internal walls

• Altering the internal layout

• Replacing windows or doors

• Changing roofing materials

• Painting brickwork or rendering that was not previously painted

• Removing or altering historic features like fireplaces, cornicing, or skirting boards

Carrying out such works without consent is a criminal offence.

The Official Process Step-by-Step

Obtaining LBC is a formal and rigorous process. Here is the path we guide our clients along:

1. Expert Assessment & Pre-Application Advice: The first step is always a detailed assessment of the building's heritage value. Before any lines are drawn, we must understand what is significant and why. We then strongly recommend formal pre-application discussions with the LPA's Conservation Officer. This early dialogue is invaluable for gauging the council's position and shaping a proposal that has a realistic chance of success.

2. Preparing a Specialist Application: An LBC application is far more detailed than a standard planning submission. It must be supported by a comprehensive set of documents, chief among them being a Heritage Statement or Statement of Significance. This expert report, which we prepare for our clients, meticulously analyses the building's history, identifies its key features, and provides a robust justification for the proposed works, demonstrating how they will avoid or minimise harm to the building's character.

   
   

3. Submission and Consultation: Once submitted, the LPA will consult various statutory bodies. For any works affecting Grade I or II* buildings, they must consult Historic England. For Grade II buildings, they may consult national amenity societies (such as the Society for the Protection of Ancient Buildings or The Georgian Group). This expert scrutiny means the proposal must be of the highest quality.

   
   

4. The Decision: The LPA has a statutory 8-week period to make a decision, though this is often extended for complex cases. The decision rests on one primary test: does the proposal preserve the special architectural or historic interest of the building? There is a strong legal presumption in favour of preservation, so the justification for any change must be compelling.

   
   

How This Impacts Your Project in London

In a city as rich in history as London, the rules are applied with particular diligence.

• No Permitted Development Rights: This is a vital point to understand. The Permitted Development Rights that allow homeowners to build small extensions or make other changes without full planning permission do not apply to listed buildings if the work would affect the building's character.

• Dual Consent: For many projects, like an extension, you will likely need both Planning Permission AND Listed Building Consent. They are assessed against different criteria but run concurrently.

• Emphasis on Materials and Craftsmanship: London boroughs will rightly expect any work to be of exemplary quality. This means using authentic, like-for-like materials and employing tradespeople skilled in traditional techniques. The goal is to make any new work read as a respectful and high-quality addition.

  
  

Common Pitfalls We've Seen

1. Underestimating the Scope of LBC: Many homeowners assume minor internal works don't need consent. We've seen enforcement cases triggered by removing a fireplace or changing internal doors without LBC. Always assume you need consent and seek expert advice.

2. Ignoring the Curtilage: A classic error is wanting to demolish a "dilapidated old shed" in the garden. If that shed is pre-1948, it is almost certainly curtilage listed. Demolishing it without LBC is a criminal act.

3. Choosing the Wrong Team: Appointing a designer or builder without proven conservation experience is the fastest route to a refusal. They may not understand how to prepare the required Heritage Statement or detail the plans in a way that satisfies a Conservation Officer.

4. The Peril of Unauthorised Works: The consequences are severe. It can lead to unlimited fines and, in the most serious cases, imprisonment. The LPA will issue an Enforcement Notice forcing you to reverse the works at your own cost. This applies to the current owner, even if the unauthorised works were carried out by a previous one.

   
   

Our Concluding Advice

Owning a listed building in London is a unique privilege. The regulations are not there to prevent you from creating a wonderful home, but to ensure that the building's special character is preserved for the city and the nation.

The process is undoubtedly meticulous and demanding, but it is not a barrier to thoughtful and sensitive development. With an experienced team guiding you, a well-researched, respectfully designed, and robustly justified project can and does succeed. The key is to start correctly: with expertise, respect for the building, and a collaborative mindset from day one.

If you are considering a project for your listed home, your first and most important investment is seeking the right advice. At London Extend, we have the specialist conservation expertise to help you navigate the process and unlock the potential of your historic property.