Listed Building Consent FAQs

When is Listed Building Consent required?

The Planning (Listed Buildings and Conservation Areas) Act 1990 states at Part I Chapter II Paragraph 7 that:

"Subject to the following provisions of this Act, no person shall execute or cause to be executed any works for the demolition of a listed building or for its alteration or extension in any manner which would affect its character as a building of special architectural or historic interest, unless the works are authorised under section 8." (correct as at 04/11/2024)

This official response is open to a great deal of interpretation and these vary from council to council so the plain English response is harder to define and different local planning authorities have different interpretations of when works cross the threshold of requiring listed building consent..

According to the Planning Portal "An application for listed building consent should be submitted for all applications requiring alteration, extension, or demolition to a listed building." (as at July 2025) whereas Historic England advise that "You should check first with your local authority Conservation Officer whether or not consent will be needed for what you plan to do." (as at July 2025) and interpretations of what affects the character of the listed building vary.

Our advice is to seek the help of an independent conservation professional who can consider the special architectural or historic interest of your building and whether what you want to do is likely to affect the 'significance' of the heritage asset and advise on what applications should be made.

So does asking the Council help?

While some conservation officers are willing to 'OK' works, the 'word' (written or otherwise) of an officer of the council is not binding on the council and when describing what works are to be undertaken, it is easy to 'downplay' works when speaking to officers and when the works are undertaken, they may be more significant than the officers first thought and the council may 'change their mind' and decide that the works you had undertaken required listed building consent and the defence of "the conservation officer said it would be OK" does not hold up in court.

Listed Building Consent for works does hold up in court and provides building owners with the surety they and any conveyancing solicitor require and the courts have held that repair works and even painting and certain cleaning works can require listed building consent in some circumstances as it depends on what makes the particular listed building special.

Where the council confirms that an item does not require Listed Building Consent, this can be formalised in a Certificate of Lawfulness for a Proposed Use or Development that states the council's legal opinion at the time of the application.

Seeking professional independent advice from a conservation professional will enable a building owner to make informed choices and decide how they wish to approach the local planning authority and what information about their works to provide.

Should I apply for Listed Building Consent all the time?

It would be impractical to apply for listed building consent every time you wanted to hang a picture on the wall or repaint a room but if you are hanging a very large picture on a wall with industrial fixings into a Robert Adam interior or painting over William Morris wall paper in an Arts and Crafts House of national significance, you are likely to require listed building consent and a description such as 'redecorating' on a listed building consent can be interpreted to mean many things.

It is for these reasons that we advise listed building owners to seek professional help and when considering applying for consent for works that obviously require listed building consent (extensions, demolitions, and repairs to significant architectural features such as windows, doors, staircases, fireplaces etc) to include any associated minor works that are being done.

Is only the outside of my Listed Building 'Listed'?

Short answer: NO

When a building or structure is added to the statutory list at any grade (Grade II, II* or I), all of the building (inside and out) is listed and while the official list entry may have items of interest in the description, this does not limit what is listed or intended to be a full description of the special character of the listed building.

For example, modern extensions to listed buildings once completed are also included in the listing, as structures attached to the building, out-buildings and other structures within the building's curtilage (the curtilage as defined at the time of listing)

Works that affect the 'setting' of a listed building can also be considered to affect a listed building but may not require listed building consent if not considered within the listed building's curtilage.

Am I not allowed to alter my Listed Building then?

The Planning (Listed Building and Conservation Areas) Act 1990 provides a means for applying for Listed Building Consent to make alterations to a listed building for a reason.

Most buildings require repair and at some point in their time will also require alterations to adapt to the changing nature of their use and most listed buildings have been altered several times in the past and the adage "adapt to survive" still rings true today with many of the buildings on the Heritage at Risk Register being unoccupied and having no source of funding for their upkeep as a result of not being able to adapt to meet occupants needs.

We have a track record of successfully negotiating with planning authorities, significant alterations and extensions to listed buildings at all grades using our 'Integrated Approach' to architecture and planning incorporating the principles of Constructive Conservation with Award Winning results whereby the building is altered to suit the occupants needs in such a way that the special character and significance of the heritage asset is conserved and enhanced.

I didn't do it?

Undertaking works or allowing works to be undertaken to a Listed Building without Listed Building Consent is a criminal offence and in addition to the person who authorised the work, the person who undertook the work and the owner of the building, subsequent owners may also be pursued for works undertaken to the property even though the work may have been undertaken prior to their occupation / ownership.

It is for these reasons that conveyancing solicitors investigate and request documentation for any obvious changes to a Listed Building that have taken place in the past during the purchase process.

We have assisted clients with obtaining either Certificate of Lawfulness for an Existing Use or Development or Retrospective Listed Building Consent for works that have been undertaken to clarify the planning position and assist with the sale of a Listed Building.