Have you ever thought about buying a listed building?
Listed buildings provide beautiful homes that are full of character, but their purchase can sometimes feel intimidating, and concerns about past or future alterations are frequently raised.
Savvy buyers are becoming increasingly aware of the risks associated with purchasing a listed property that may have been altered without consent, which is a criminal offence under the Planning (Listed Buildings and Conservation Areas) Act 1990. As a result, many are seeking pre-purchase advice to provide assurance about the planning history of the building or advice about rectifying any potential issues.
Alterations to a listed building, whether internal or external—such as creating additional doorways, changing windows, or adding extensions—require Listed Building Consent. Despite this, it is relatively common for historic houses to have been updated or altered over the years by previous owners who were unaware of their obligations to seek permission from the Local Planning Authority. If these works lack consent, an enforcement notice may be served, which requires the reinstatement of the original features, which can be extremely costly. Failure to comply with such a notice may result in prosecution and significant penalties.
Historic England advises that ‘not all works require listed building consent, only demolition or works of alteration or extension that affect the character of the building as a building of special architectural or historic interest.
However, this guidance can be ambiguous, and previous alterations can create significant problems for future homeowners. Under the Planning (Listed Buildings and Conservation Areas) Act 1990, liability for unauthorised works is tied to the property rather than the individual who carried them out. In practice, this means that even if previous owners made changes, you, as the buyer, could become responsible for rectifying them.
At HEA, we are frequently contacted by anxious homeowners who are either considering the purchase of a listed building or have plans to make alterations themselves, only to discover unauthorised changes made by previous owners. Our heritage team is on hand to assess the property’s built form, significance and planning history, clarifying its current status and the legality of past developments. Should unauthorised works be identified, we offer expert advice and assistance to help regularise these changes through listed building consent or a combination of planning and listed building applications.
When purchasing a listed property, seeking professional advice before completion is highly recommended. Early heritage assessments can prevent costly surprises, facilitate sale price negotiation, and ensure an informed decision.
