Listed Buildings Guide

Listed Buildings - a Guide for owners and occupiers

What is a listed building?

It means that it is included on a list of buildings of special architectural or historic interest, compiled by the Secretary of State for Culture, Media and Sport. A listed building may be special in a number of ways. It may be an example of good architecture or a major work of a famous architect. It may have played an important part in the history of the area or be associated with famous people or events. There are many "ordinary" buildings included such as rows of cottages, farmhouses or barns. Such things as walls, gate-posts, statues and lamp posts may also be listed.

The purpose of the list

The list is for the guidance of the Council and the public. It tells us which are the important buildings in the area, and gives the Council control over what happens to them.

Protecting listed buildings

Every old building is unique. It may be unique because, for example, it is built of local materials in a style which is typical of its age, locality and function.

It is important to protect listed buildings so that West Wiltshire can retain its own identity and character. Indeed the Council has a legal duty to do this.

Classes of listed buildings

There are different classes of listed buildings. They are classified in grades to show their relative importance. Buildings of exceptional interest are put in grade I. The rest are classified as grade II. However, some buildings which are particularly important but not of a sufficient standard to be placed in the higher grade are classified as grade II*. So in practice there are three grades - I, II* and II.

Owners and occupiers

How does listing affect the owner or occupier?

There are advantages and disadvantages in owning or occupying a listed building. People generally value an old and unspoilt building more than they used to. But you are responsible for its repair and upkeep whilst maintaining its special character, although grants may be available in some instances, and some works are exempt from VAT. In most cases maintaining a listed building should not be excessively costly. The main disadvantage is your lack of freedom to do exactly as you want with your building.

The law says it is an offence to alter a listed building or any structure within its grounds in a way which affects its character without first obtaining listed building consent.

Making alterations

Consent

You need consent for extensions, alterations (internal and external) and demolition (including partial demolition, removal of architectural features and, in some cases, major repairs).

Also included are works such as painting of external walls and alterations to freestanding structures within the curtilage, such as gateposts and garden walls. This does not mean that the building and its surroundings must be preserved intact at all costs. What it does mean is that works will only be allowed after a special examination of each case in question.

Internal alterations

Whatever the grade of building, there is no distinction between internal and external alterations. You need consent for internal alterations which affect the character of the building; for example the removal of original walls, or fixtures such as staircases and fireplaces.

If you are in any doubt about whether you would need listed building consent, please contact us.

What sort of alterations are likely to be acceptable?

What your property looks like - and what the street and neighbourhood looks like - is important. Subject to consent being granted, when changes are made they should be well done, reflecting the design and construction, blending repairs and new work into the existing building. As far as possible they should:

  • repair rather than replace;
  • keep existing features;
  • use traditional materials and building methods and follow original designs;
  • avoid modern "off the shelf" components because they are not appropriate;
  • design any alterations so that they are in keeping with the character of the building.
  • But, before you do anything, please ask us for advice.
  • Remember, regular maintenance helps to keep a building looking good and avoids expensive major repairs.

Applying for listed building consent

How do I apply?

An application for consent to alter, extend or demolish a listed building must be made on a Listed Building Consent form. Forms are available on our website to view and download. They are stored in Adobe PDF format - if you do not have a copy of Adobe Reader on your PC, please click here to download a free copy. (This will enable you to view and print the forms.) Forms are also available from the Council Offices.

Please contact us if you require any help.

You must submit three copies of the form and three copies of all drawings. The drawings must indicate clearly the location of the building and show exactly what you intend to do. Included on the form is a certificate which you must complete stating either that you are the owner of the building, or that you have notified the owner of your application. There is no fee to be paid for a listed building consent application.

Please note that a listed building application must be made in addition to any application for planning permission, building regulations approval or advertisement consent that may be required.

How does the Council deal with my application?

On receipt of your application we will send you an acknowledgement. In most cases we will arrange for it to be advertised in an edition of the local paper and on the site.

The purpose of advertising is to inform the public that an application has been made and to invite them to inspect a copy of the plans at the Council's offices. They then have up to 21 days to write to give the Council their views. The Council must take their views into account in making a decision.

You will receive one of three decisions:

  • unconditional consent;
  • a consent subject to conditions;
  • a refusal.

A consent will normally last for five years. This means that if the work has not been started within the time, you will need to apply again.

How long will it take for me to receive a decision?

The Council will try to give you a decision within eight weeks. However, if the application is not complete, we will have to contact you or your agent to put things right, and this could waste time.

Can I carry out demolition work as soon as I receive consent?

No. In cases of demolition, Section 80 of the Building Act 1984 requires that six weeks before demolition starts, a notice is sent to the Council's Building Control section. The last step is to contact English Heritage. We will send you a form which you should complete and send to English Heritage at least one month before you wish to begin demolition. The purpose is to give English Heritage a chance to record the building for posterity. You must allow their surveyors access to the building. In some cases they will not want to make a record, and they will inform you accordingly.

Can I appeal against the decision?

You may appeal against:

  • a refusal;
  • a condition imposed upon a consent;

the Council's failure to give you a decision within eight weeks.

You have six months in which to submit an appeal to the Secretary of State. Their decision is final.

What happens if I carry out the work without consent?

You should not do any work which affects the character of your building without consent. It is a criminal offence to carry out such works.

Where can I get more advice?

If you want to know more about listed buildings, or if you would like advice about conservation or other planning matters, please contact us:

  • Tel: 01225 776655
  • Fax: 01225 770314.