The house I want to buy is a listed building, should I go ahead?
When we think about listed buildings, most times we are thinking of period properties. Anything older than Victorian (before approx. 1840) that retains original features is quite likely to be listed in full or in part. However, newer buildings can also be listed if they are of special architectural or historic importance.
If a building is ‘listed’ it means that it is on The National Heritage List. The register is available on the Historic England website and the details given include which parts of the building are listed and why. There are over 370,000 entries on the National Heritage List.
There are three grades of listed buildings:
Grade I buildings are of exceptional interest. Only 2.5% of listed buildings are Grade I.
Grade II* (Grade 2 star) buildings are particularly important buildings that do not merit Grade I status. About 5.8% of listed buildings are Grade II*.
Grade II includes 91.7% of listed buildings. Although this is the lowest grade of listing, these properties are still of architectural or historical importance.
Most works to a listed building require listed building consent. This is different from planning permission or building regulation approval, both of which you might also need. If works should have consent but are carried out without, that is a criminal offence. Both the owner (you) and the person who does the work (your contractor) could face a fine or even prison. The higher the Grade of listing, the more severe the punishment will be.
Not all works require consent, but it is always a good idea to check with your Local Authority’s Building Conservation Officer. Even something as simple as replacement windows can require consent.
When buying a listed building, you must find out what works have been done to the property and what consent was obtained. If a previous owner has done unlawful works, the Local Authority can enforce at any time. If this happens after you have bought the property, you must comply with the enforcement notice at your own cost. This is likely to mean you have to “undo” the unlawful works by reinstating the property to its condition before the unlawful works were done.
When you are viewing a listed building that you are thinking of buying, look out for modern alterations. If you notice anything that looks new, tell your solicitor and surveyor. You should choose a surveyor who specialises in listed buildings to carry out a survey and they will also be able to advise you about any works that need to be investigated. You will also need to budget for maintenance. Listed buildings can be beautiful properties to live in, but they typically require more maintenance, using more specific (and therefore more expensive) materials than non-listed properties.
The conveyancing team at MJP Law regularly deal with listed properties. For information or an estimate of fees please contact conveyancingteam@mjplaw.co.uk.
