All buildings built before 1700 are likely to be listed, as are most buildings built between 1700-1850. The aim of listing a building is to preserve and mark its special architectural and historic features and to protect it for future generations.
Historic England has a strategic programme of listing buildings, and they make a recommendation to the Secretary of State for Digital, Culture, Media and Sport who then make the final decision if a building should be listed or not. A building includes any structure or erection or object not just within a building but its curtilage, and also including the interior. Unless parts of the building are specifically excluded from a listing.
What does Grade II listed mean?
Grade II buildings are of special interest, warranting every effort to preserve it. This is the lowest and most likely grade, and the most common amounting to 91.7% of all listed buildings. Owning a Grade II listed building comes with a responsibility to maintain its character, and any proposed alterations/repairs that could impact a building’s special interest must have a listed building consent from a local planning authority. This is important even if proposed works do not usually require planning permission. If in doubt – the owner should contact their local authority before commencing any works.
Grade II* buildings are particularly important buildings of more than special interest, and Grade I buildings are of exceptional special interest, and only 2.5% of listed buildings are Grade I.
Legal considerations when buying a Grade II listed house
When buying a Grade II listed property a buyer (and their solicitor) will need to carefully check a listing and examine all documentation in relation to any works carried out at the property (even any small alterations, or changes to heating system or windows). It must be established that if any changes to a building (including internal alterations, extensions, demolitions) had the benefit of a listed building consent (and have been compliant with conditions therein) or evidence that those works did not require a listed building consent.
Carrying out unauthorised works to a listed building is a criminal offence and individuals can be prosecuted. A planning authority also has the power to demand that all works carried out (that did not hold a listed building consent) are reversed. An owner will also find it hard to sell a listed property which had works carried out without a listed building consent.
Surveying and maintenance costs
The cost of surveying and maintaining a listed building can vary depending on various factors, such as the building size, age, grading, condition and location. Due to the integrity of the work, they are typically more expensive than maintaining a regular property. Delaying repairs and maintenance can lead to increased costs in the long term.
Listed building consent and renovations
Listed building consent is required for any works that might affect the character of the building, and this could include replacing windows or doors, removing internal walls, painting over brickwork, demolishing the building or changing its use, adding an extension. Historic England published a list of what works would require a listed building consent, and owners should always check their listing and also consult their local authority prior to doing any changes to their listed building.
The role of a solicitor when buying a listed house
The role of a solicitor when purchasing a listed property is similar to the role of a solicitor when purchasing a non-listed property. Your solicitors will assist you in the legal process and ensure that you comply with all necessary regulations when purchasing a listed property. Solicitors with in depth experience in listed buildings will review title deeds, check for any restrictions, ensure that no unauthorised works have been made by the previous owners, and advise you on legal obligations. If previous works to the listed building were not authorised, the buyer could be responsible for any fines/enforcement. Solicitors can also advise you if your listed property has more complex restrictions, rights and easements than other (non listed) properties.
Thinking of buying a grade 2 listed building?
Purchasing a listed property comes with many responsibilities, which can be costly. If unauthorised works have been made without consent – you will become liable for it, therefore you should instruct a lawyer that has a particular interest and experience in heritage properties. Here at Goughs our expert property solicitors can help you with the legal side of purchasing a grade 2 listed building. Contact us today if you would like to know more about how we can help you.
