Listed Buildings - A Guide

Introduction

This advice is for owners of Listed Buildings and for people who are considering buying a Listed Building. Its purpose is to outline briefly the responsibilities of owning a Listed Building and provide guidance on when Listed Building Consent from the Council is required and the procedures as to how to apply for consent.

What Is A Listed Building?

When a building is described as “Listed”, it means that it is included in a list of buildings that are considered to be of sufficient historic or architectural interest to merit special protection. This list is drawn up by the Department of National Heritage, on the advice of English Heritage. The current legislation relating to Listed Buildings is contained within the “Planning (Listed Buildings and Conservation Areas) Act 1990”. Listed Buildings are divided into three categories (most important first); Grade I, II* and II. Grades I and II* represent about 6% of all Listed Buildings and are of national importance. Grade II buildings are of local importance but they still warrant preservation. All buildings constructed before 1700 which survive in anything like their original condition, and most buildings built between 17000 and 1840 (although some selection will be necessary), will be included on the list. Later buildings may be listed but they must be of very special quality.

There are some 500,000 Listed Buildings nationally, representing 4% of the building stock. There are over 360 list entries within Worthing. We have two Grade I buildings: Castle Goring and The Old Palace, Tarring.

You may also look at the Listed Building Register for Worthing.

How Do I Know If My Property Is A Listed Building?

If you are within any doubt as to whether your property is a Listed Building, you can contact the Planning Section who will check the copies of list entries for the Borough. Each entry has a description of the building so that it can be clearly identified. On changes of ownership, responsibility is transferred to the new owner. The fact that the building is listed will be revealed when a Land Search is made.

When Is Listed Building Consent Required?

Apart from carrying out prudent maintenance and general repairs, no special action is called for, unless an owner wants to make alterations to a Listed Building. The listing covers the whole building and Listed Building Consent is required from the Council to demolish, extend or alter the building (either interior or exterior) where the proposed works would affect the character of the Listed Building.

Examples of work requiring consent

• changing roof materials
• alterations to interior walls
• painting or other types of cladding over stone or brickwork
• adding structures or fixing objects to a Listed Building
• repairs not carried in matching materials
• fitting of new ovens and stoves, which require new flues

Examples of works that would not normally require consent

• Internal works, such as redecorating
• installing bathrooms and kitchen fittings
• central heating installations

However, if these works interfere with important internal features such as panelling or mouldings, consent may be required. This list is by no means comprehensive and is included for guidance purposes only. If you are in any doubt as to whether you need Listed Building consent, please contact the Planning Section before you start work.

In addition, all free-standing buildings, for example, barns, walls and statues erected before 1 July 1948 within the curtilage of a Listed Building, are also protected and therefore, any works or alterations to them will require Listed Building Consent.

How Do I Apply?

Applications for Listed Building consent are made to the Borough Council on a special application form, which is also obtainable from the Planning Section of the Council. These forms should be submitted with the following details:-

• Ordnance Survey plan (Scale 1:1250)
• Block Plan (Scale 1:500)

Existing and proposed drawings of elevations and floor plans (scale 1:100 or 1:50). The proposed changes should be clearly distinguished (outline/coloured in red crayon)

In some cases (e.g. proposed replacement windows/doors) drawings at a minimum scale of 1:20 will be required. In addition, a written justification for the works may be requested.

No fee is required by Listed Building applications. Separate applications for both Listed Building consent and planning permission may be required where proposals, which affect the building, constitute “development” for which planning permission is necessary.

How Long Does It Take?

An application for consent is a matter of public interest. We are required, by regulations to advertise the application on site and in a local newspaper. In Worthing, we also notify adjoining properties by letter. The Council then has to allow 21 days for comments and also to consult special national organisations. Views received must be taken into account before the Council can makes its decision. Usually, the process is completed within 8 weeks. An appeal can be made to the Secretary of State against a refusal of Listed Building consent.

What If I Undertake Works Without Gaining Listed Building Consent?

If unauthorised works to a Listed Building are unsympathetic, the Council can take enforcement action. This may require a building to be restored to its former state or specify action, which would alleviate the effects of the works executed without consent. The Courts do not regard ignorance of listing as a defence where work is undertaken without the necessary consent. It is a criminal offence to demolish, extend or alter a Listed Building in a way that affects its character, without first obtaining Listed Building consent. The penalties on conviction are considerable and can result in fines up to £20,000, imprisonment or both.

Financial Assistance

In some instances, grants are available from English Heritage for repairs to Grade I and Grade II* buildings. Certain approved alterations for which Listed Building consent has been obtained, may be “zero” rated for VAT. Further information can be obtained HM Customs and Excise. The Borough Council also operate a small Conservation Grant Scheme. To check if you proposal would qualify, then you should contact the Planning section/

Caretakers Of Our Heritage

Listed Buildings form a very important part of our national heritage and owners of such buildings should seem themselves as caretakers of that heritage. The Borough Council provides free advice to owners of Listed Buildings and site visits by the Council’s Conservation Officer, can usually be arranged to discuss particular problems, prior to work being carried out. You should also be aware that if an owner fails to keep a Listed Building in a reasonable state of repair, the Council may, as a last resort, serve a Repairs Notice. If the work is not carried out within a specified time limit, the Council may, in extreme cases, compulsory purchase the building. In addition, the Council is also empowered to execute urgent basic repairs to protect the structural integrity of a vacant Listed Building or to make it weatherproof. The cost of repairs is then charged to the owner.

Setting Ourselves Standards

We have an adopted Code of Practice for processing all applications, a copy of which is available upon request at the Planning Reception desk. This sets targets for the Council to meet. We also have an adopted Code of Practice for the publicity of planning applications. We generally publicise beyond the minimum statutory regulations. Again, a copy is available at our Reception Desk.

If You Have Any Further Queries

If you have any questions not answered by the above advice, please contact the Planning section.

THIS ADVICE IS AVAILABLA AS A LARGE PRINT LEAFLET

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