Listed Buildings
A Guidance Note to Owners and Occupiers
What is a Listed Building?
This is a building that has been identified by the Secretary of
State as being of "special architectural or historic interest" and
as such is worthy of special protection. In considering whether a
building is worthy of this special protection the following
guildelines are used. All buildings built before 1700, and survive
in anything like their original form are listed. Most buildings
dating from 1700 to 1840 will qualify, unless it has been altered
unsympathetically. After this date, only buildings that are of
exceptional quality, or have been designed by an important
architect, or represent an innovative form of construction, are
listed. The listing process is not restricted to buildings, but can
include any structure of interest, such as bridges, walls,
telephone kiosks and even gravestones.
Listed buildings are graded according to their relative
importance. Grade I buildings are of outstanding architectural or
historic interest, and are of national importance. Only a small
percentage fall into this category. Grade II listed buildings are
of special interest, and the majority fall into this group. This
grade has a sub-group, known as Grade II*, which is given to
buildings that have some extra merit, such as an outstanding
interior. Despite this grading, it should be noted that the
statutory controls are the same to all grades of listed
buildings.
Alterations to Listed Buildings
Many listed buildings can sustain some degree of sensitive
alteration or extension to accommodate continuing or new uses. In
order to safeguard the special character of a listed building,
listed building consent from the District Council is required for
any internal or external alterations, or to demolish any part of
it, regardless of age. The procedure for gaining listed building
consent is similar to that of gaining planning permission, except
no fee is required. In some instances, both planning permission and
listed building consent are required for the same work, and in such
circumstances it will be necessary to gain permission for both,
before work commences. Applicants for listed building consent must
be able to justify their proposals. They will need to show why
works which affect the character of a listed building are desirable
or necessary.
They should provide the Local Authority with full information,
to enable them to assess the likely impact of their proposals on
the special architectural or historic interest of the building and
on its setting. It should be noted that any object or structure
which is fixed to the building, or is within the curtilage and
forms part of the land and has done so since July 1948, are also
treated as part of the building for the purposes of listed building
control. If your listed building consent application is refused
then you have the right to appeal against this decision to the
Secretary of State.
Alterations Requiring Consent
In general, the following works are likely to require listed
building consent, however it should be noted this list is not
definitive and further advice can be given by the District
Council's Conservation Officer.
- Demolition of the whole or part of the building, or anything
within the curtilage built before 1948;
- The removal of any internal walls or stud partitions, or
provision of the same;
- The removal of doors, windows, chimney stacks or chimney
breasts, the removal of staircases, porches and balconies;
- Any extensions or new additions to the building, including
porches or conservatories. Some extensions may also need planning
permission depending on their size or location;
- Alterations to windows and doors, and the insertion of new
ones, including dormer windows and roof lights;
- Changing the roof covering, for example from natural slate to
imitation slate. (Note: temporarily removing tiles, re-felting,
battening and putting the original tiles back does not require
consent);
- Painting exterior brickwork, render, flint or stone for the
first time or changing the colour of previously painted work;
- Adding objects to the exterior such as shutters, signs,
advertisements, sunblinds, meter boxes, satellite antennae and spot
lights;
- The removal or alteration of panelling, fireplaces or
decorative plaster work;
- The removal or alteration of outbuildings, garden walls, gate
piers, gates and railings which pre-date 1948.
It is an offence to alter or extend a listed building without
first gaining listed building consent from the District Council and
offenders may be prosecuted. The current penalty on conviction in a
Magistrates Court is a fine of up to £20,000 or imprisonment for up
to six months, or both. This applies to the owner, the builder and
the architect or surveyor involved. If any unauthorised works are
found then the Council may also serve an Enforcement Notice
requiring the building to be reinstated to it's former condition.
(Note: delays often occur in the sale of listed buildings when
solicitors discover that works have been carried out without listed
building consent, and sales sometimes fall through because of
this).
Maintenance and Repairs
It is always preferable to retain as much of the original
building as possible and to repair rather than replace historic
fabric. Where parts of a building are beyond repair then it is
advisable to replace like with like. If this is done, then listed
building consent will not normally be required. The replacement of
existing features using modern materials, such as Kent Peg tiles
with concrete tiles or timber windows with aluminium or uPVC does
require listed building consent and such changes will not normally
be permitted; even if they are on the rear of the building where
the public will not generally see them. In most cases it is both
cheaper and more sustainable to repair rather than to replace
existing features.
Listed buildings, because of their age, are usually more
expensive to maintain than modern ones. However, this can be
minimised by the regular maintenance and repair. It is particularly
important to regularly check roofs, chimney stacks, downpipes,
gutters and external timber work and to repair any defects as soon
as possible, in order to avoid more expensive repairs later. The
use of the right materials and traditional building techniques is
also important to retaining the special character of a building. If
a building needs to be cleaned then sandblasting should not be
used, due to the damage this can cause to the surface of the
building. Water or chemical cleaners are preferable, as these are
less likely to cause any damage.
Owners of listed buildings are encouraged to keep them in a good
state of repair. In extreme cases, where the structural integrity
of a building is threatened by neglect, then the District Council
can take formal action against the owner to ensure that essential
repairs are carried out.
The Use of Historic Buildings
The best use for any building is the one it was designed for.
However, as needs change over time, buildings may no longer be
suitable for their original use.
Consequently, they may need to be adapted, if they are to be
kept and maintained. The best way of conserving a listed building,
is to find a use that is compatible with it's character and setting
and which requires the minimum mount of change to it's fabric.
This short leaflet is not a definitive guide on the legislation
concerning listed buildings, but moreover a guide to help owners
and ccupiers. For more information on any aspect of this leaflet
please contact:
The Conservation Section
Dover District Council
White Cliffs Business Park
Dover
Kent
CT16 3PJ
Telephone: (01304) 872486
E-mail: conservation@dover.gov.uk
