A guide to owning or buying a listed building in

Ayston Hall, Ayston SOLD
A guide to owning or buying a listed
building in Leicestershire & Rutland
Introduction
Our practice has advised on, sold and acquired on behalf of clients, many of the most significant
listed homes in Leicestershire and Rutland over the last fifteen years.
This experience may be helpful to you if you are thinking about buying or contemplating selling
a listed building or just require clarity on the practical aspects of ownership.
We hope this guide will help you understand the obligations and responsibilities but above all,
enjoy the unique character that comes with the ownership of a listed building.
The Old Stables, Dingley SOLD
1. Introduction
2. What is a Listed building?
3. How are Listed buildings chosen?
4. Listed Status
5. Conservation Areas
6. The Conservation Officer
7. Specialist Advice
8. Useful Contacts
The Old Rectory, Burton Overy SOLD
Holly Lodge, Rothley SOLD
What is a listed building?
How are listed buildings chosen?
There are over 1000 listed buildings in
Leicestershire & Rutland. Listing means the
building is included on a national register as a
property of architectural or historical importance.
inside and out, the area immediately surrounding
and includes any extensions previously added.
It may also include garden walls, courtyards
and even statuary within the garden.
It means that its style and character must be
maintained and owners have a responsibility and
duty to ensure its upkeep. Contrary to popular
belief listing protects the complete building both
The register includes the address of the property,
the date first listed, the grade of the listing,
a map reference and a brief description of the
property.
All buildings built before 1700 which have
More recent post-war buildings are now being
survived in anything like their original condition
considered for listing, and the very wide
are listed. Buildings dating from between 1700
definition of ‘building’ in The Town and Country
and 1840 are listed, although some selectivity
Planning Act (1990) – ‘Any structure or erection,
is applied, while buildings from 1840 to 1914
and any part of a building, as so defined’ –
are selected on the basis of their demonstrating allows any man-made structure, from barns
technological advances, being the work
to bridges and telephone boxes to grave
of notable architects, or possessing some
stones, to be included on the list.
notable feature. Listed Status
ENGLAND AND WALES
GRADE I
Buildings of outstanding or national architectural or historic interest.
GRADE II*
Particularly significant buildings of more than local interest.
GRADE II
Buildings of special architectural or historic interest.
CONSERVATION AREAS
There area number of designated Conservation Areas in the locality. They are areas of special
architectural or historical interest. They include most of the traditional village and town centres
in the area as well as some Victorian, Edwardian and 1920s residential suburbs.
Conservation area designation does not prevent change but is intended to help preserve
and enhance the character and appearance of the area.
LOCALLY LISTED
In addition to the statutory listed buildings Charnwood Council has identified more than 200
buildings of local historic or architectural interest. While it may not be appropriate for DCMS
to recognise these buildings nationally, they have been acknowledged for their contribution
to the local environment. These locally listed buildings do not enjoy the full protection of statutory
listing but their inclusion will be a material consideration in the assessment of any proposals
for development which may affect the buildings themselves or their settings.
“Listing means the building is
included on a national register
as a property of architectural
or historical importance.”
“We would strongly advise that
you use solicitors, surveyors
and mortgage providers that are
experienced with these buildings.”
Conservation Areas
Under the Town and Country Planning (Listed Building and Conservation Areas) Act 1990, local
authorities have a duty to designate as conservation areas any areas of special architectural or
historic interest the character of which it is desirable to preserve or enhance. There are now over
8,000 conservation areas in England.
When appraising an area, local authorities have to consider all the factors that contribute to its
character, not just the individual buildings. These can include smells, sounds and atmosphere,
as well as more immediately obvious criteria such as the layout of the roads, general appearance
and features of special historic or architectrual interest.
Not least to guide responsible property owners, local authorities are supposed to clearly identify
what it is about an area that should be preserved or enhanced. Existing and would-be owners are
advised to request a copy of this policy statement (though, in practice, it is often not available).
Conservation area status is welcomed by most property owners as a contribution to their
continued enjoyment of their property and its location, and to the maintenance of its value.
The main implications of designation are:
• Stricter limitation on the extent of development that can be carried out without permission under permitted development. There is a smaller limit on extensions and greater control
over garden buildings and structures
• Demolition is controlled with a requirement to obtain Conservation Area Consent
• Trees are protected
In addition to these limitations, there is an expectation of a higher standard of design in
Conservation Areas. Residents and businesses are encouraged to maintain and restore
their buildings in keeping with the character of the area.
Peckleton Hall, Peckleton SOLD
The Conservation Officer
IMPORTANT INFORMATION
The Conservation Officer will be one of your most important points of contact. Generally they are
employees of the local council and their role is to ensure the character of the building remains intact.
He is the officer who will grant - or deny permission to make changes to your home. He may even
dictate the materials and techniques that you should use to make these changes. These controls
are called “Listed Building Consent”. They are similar to Planning Permission although no fees are
involved, however there is no time limit to their enforcement and it is vital that all work other than simple
repair and maintenance has been granted LBC. Planning permission and building Regulations may
also be required for some work.
UNAUTHORISED WORK
DAMP
If you are about to purchase a listed building
it is vital to ensure that any alterations by the
previous owners had Listed Building Consent.
It doesn’t matter who did the work, or how long
ago, it will become the new owners responsibility.
If you go ahead with the purchase you may be
liable to correct any additions or alterations that
do not meet the conservation officers conditions
and standards. Insurance policies may offer
some protection against unexpected demands.
Damp is one of the most common problems
encountered in historic buildings but be assured
it is rarely a problem and can usually be easily
remedied. Check the obvious i.e. overflows,
Blocked gutters and drainpipes etc. and then
consider “rising damp”.
It is important to understand how historic buildings
were constructed to appreciate why inexperienced
surveyors often detect what they consider as
“rising damp”.
Modern buildings are constructed with a
waterproof membrane over the complete site
and use cement mortar and two skins of brickwork
to create a cavity across which water cannot
pass. Older buildings used solid walls and lime
mortar. Unlike cement, lime allows moisture to
pass through which then evaporates into the
atmosphere. This is called “breathing”. In the vast
majority of cases “perceived damp” has been
caused by the introduction of cement or other
non-breathable materials, which prevents the
natural breathing of the construction.
Inexperienced surveyors may suggest that
artificial materials are injected into the walls
to “cure” damp, but generally speaking this is
an unnecessary expense and the removal of
inappropriate cement is all that is needed to
encourage the building to breathe naturally.
Barnsdale, Great Easton SOLD
DOUBLE GLAZING
It is unusual to be able to introduce double
glazing into the narrow glazing bars of period
windows and for this reason double glazing is
difficult however there would be no restriction
on using secondary glazing and this is the
method normally recommended. The use of very
slim double-glazing units set within the original
glazing bars may be acceptable although some
conservation officers reject them due to the
unsightly reflection.
INSURANCE
The insurance of a listed building is very
different to a modern building. Should disaster
strike, the cost of repairing, using traditional
methods and material will be greater than
a “normal” house and your conservation officer
will seek to ensure you reinstate “like for like”.
If you are about to buy a listed building they can
provide protection against unauthorised work
by the previous owner, provided that there is
no previous knowledge of the work that took
place, and offer further protection when builders
and workmen are at your home. They can also
help you insure for the correct amount with
a guaranteed re-build value or provide a safety
margin if actual rebuild costs exceeds the
sum insured. We would be happy to advise
on suitable insurance cover and arrange
policies upon request.
EXTENDING OR ALTERING A LISTED
BUILDING.
If you are planning to extend or alter a
listed building it is vital that you involve your
conservation officer at the earliest stage possible.
The role of the conservation officer is to ensure
the character of the house remains intact, but
they do understand owners will need to adapt
their properties to modern day living with up-todate bathrooms, kitchens etc. In some situations
they will approve extensions and major changes,
but each case will be considered individually.
In some situations the officer may demand any
extension is built with bricks, tiles windows etc
that exactly match the original building, in other
situations they will demand that you extend with
modern materials to ensure a noticeable change
from the old to new.
LISTED PROPERTIES VAT CHANGE
We believe it is important to keep you informed
of any changes in legislation that may affect
owners of listed buildings. An alteration to the
tax treatment of listed buildings has resulted in
VAT relief being removed (with some exceptions)
If you are unsure how these changes may affect
your project and would like some further expert
advice, please do not hesitate to contact
James Sellicks.
GRANTS
Unfortunately grants are very few and far
between for listed property owners. Some local
authorities provide small discretionary grants,
and it is best to contact them directly about
availability. Grade I and II* listed building owners
may also contact English Heritage.
Specialist Advice
IMPORTANT INFORMATION
If you are planning to buy a listed building we would strongly advise that you use solicitors, surveyors
and mortgage providers that are experienced with these buildings. If you require a recommendation
please call us and we would be happy to advise.
MICHAEL J. WHITE
HISTORIC BUILDINGS CONSULTANT
Full IHBC member. (Institute of Historic
Buildings Conservation)
A specialist with a vast range of experience
with historic buildings. Formally a Historic
Buildings Officer and Buildings at Risk Officer
working with English Heritage and local
authorities.
SERVICES:
Provide historic buildings repairs advice
including advising on any metal work,
stone and timber frame repairs.
Provide advice regarding sympathetic
alterations to historic buildings and
reinstatement of original features.
Demonstrations of traditional repair techniques.
Suggest/source appropriate materials.
Locate specialist contractors.
SOLICITORS
The Old Rectory, Ayston SOLD
The experienced solicitor will make the right
enquiries to ensure you are aware of any
potential liabilities caused by previous owners,
they will also be aware of the delays and pitfalls
that these special buildings incur. They will
be able to advise on any plans that you may
have for the building particularly due to its
listed status.
SURVEYORS
For the same reasons it is important that you
use an experienced surveyor when purchasing
a listed building. He will know of the special
considerations and implications for the repair
and renovation of the building, he will be aware
of the perceived “damp problems” and will
understand period house structures.
MORTGAGES
Eden Financial Consultants have developed
specialist knowledge in this complicated field.
They would be happy to discuss your funding
requirements without obligation.
Please contact Edward Hayter, Eden
Financial Consultants, 0116 285 1607.
Many owners have been asked by their lenders
to make alterations to their listed building
before funds can be released including dampproof courses, underpinning etc. It is very
important that you do not proceed on the
recommendation of your mortgage company
before seeking specialist advice.
“Listing means that its style and
character must be maintained and
owners have a responsibility and
duty to ensure its upkeep.”
Useful Contacts
USEFUL NUMBERS & EMAIL ADDRESSES
Department for Culture, Media and Sport
0207 211 6200
www.culture.gov.uk
Government department with overall
responsibility for the country’s built heritage
English Heritage
0207 973 3434
www.english-heritage.org.uk
An independent body sponsored by the DCMS.
The country’s principal expert adviser
on the historic environment
Listed Buildings System Database
01793 414769
Georgian Group
0207 387 1720
www.heritage.co.uk/georgian
Victorian Society
0208 994 1019
Glebe Cottage, Hallaton SOLD
DISTRICT COUNCILS WITHIN
LEICESTERSHIRE AND RUTLAND
Charnwood
01509 263 151
www.charnwood.gov.uk
Rutland
01572 722 577
www.rutland.gov.uk
Harborough
01858 828 282
www.harborough.gov.uk
Oadby and Wigston
0116 288 8961
www.oadby-wigston.gov.uk
Blaby
0116 275 0555
www.blaby.gov.uk
Hinckley and Bosworth
01455 238 141
www.hinckley-bosworth.gov.uk
Leicester City Council
0116 252 7000
www.leicester.gov.uk
“You may be thinking about buying
a listed building or you may already
own one and feel that you need
to understand the obligations and
responsibilities that come with it.”
Mr Michael J White
Historic Buildings Consultant
IHBC Member
James R Sellicks BSc MRICS
Managing Director
Chris Battye BSc (Hons) FRICS
Chartered Surveyor
Henry Burgess BA (Hons)
Sales & Marketing Manager
Leicester Office
56 Granby Street
Leicester LE1 1DH
T 0116 285 4554
F 0116 285 4700
[email protected]
Market Harborough Office
13 Church Street
Market Harborough LE16 7AA
T 01858 410 008
F 01858 410 920
[email protected]
www.jamessellicks.com