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Q1 Do I need listed building consent for internal alterations to my Grade II
listed building ?
A Yes you do. This is a common misunderstanding. All listed buildings,
irrespective of their listed grade status, CANNOT be altered INSIDE OR
OUTSIDE, extended or demolished, unless listed building consent has been
obtained through the Local Authority.
This also applies to any object or
structure fixed to the listed building or which forms part of its historic
curtilage.
Q2. I am buying a listed building and wish to make alterations to it. What
will be allowed ?
A Firstly, prior to purchase consult either someone like ourselves or the
local
Conservation Officer to establish what alterations may be considered
appropriate and acceptable within the confines of the protected building and
curtilage.
Do not buy an old building unless you are prepared to accept its
particular character and quirks. It is essential that you adapt to it rather
than trying to impose inappropriate alterations and extensions on to it.
Q3 What are the implications of alterations without consent ?
A It is a criminal offence to undertake such works and both you and your
building contractor commit an offence punishable by a fine of up to
£20,000.00 and / or up to 6 months' imprisonment at County Court Level. At Crown
Court the penalties can be an unlimited fine and up to 2 years' imprisonment.
In
addition to the legal action further enforcement action in order to remedy the
damage or reinstate the building as it was may be taken against the owner of the
building (current owner) and there is no time limit for this enforcement
action.
Q4 I am thinking of buying a listed house - how do I know if any
unauthorised work has been carried out ?
A In the first instance your solicitor or yourself should contact the Local
Authority to establish what listed building consent has been granted for
works to the property and then compare this with what is found on site.
This is
not always easy to decipher and it is therefore essential to employ someone like
ourselves to inspect the property to try and identify such unauthorised work.
The obvious ones may be uPVC gutters, downpipes, windows, modern partitioning,
kitchen fittings, etc, which must be checked against the Local Authority
records.
It is important to note that, as with question 3 above, enforcement action is
without time limit and is taken against the current owner of the building.
Therefore, should you purchase the property without checking and clearing any
unauthorised works, you will be responsible, and therefore liable, for remedying
damage carried out by previous owners.
Q5 Is there any grant funding available to help me repair my property ?
A Local Councils do operate discretionary grant schemes for appropriate
repair but their resources are small and usually over-stretched. English
Heritage grants are available for properties listed Grade II* and Grade I.
Certain criteria have to be met, however, and it is unusual for normal domestic
listed structures to receive grant-aided repair work, particularly in the more
rural areas. Heritage Lottery grant funding may be available if the buildings
and settings can offer a public access and use but this is not available for
private premises which are not open to the public.
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