Listed building / criminal liability

tiernsee

If we bought a listed building which had had internal work done without listed building consent by the previous owner who would be criminally liable? I'm trying to assess the risk to me as a new purchaser. I would expect that I could be asked to undo all the work and put it back to the previous state, but could I also be held criminally liable for work done by the previous owner?

If I get to the conveyancing stage I would expect my solicitor to fully clarify all of this, but I want to assess if it is even worth me getting to this stage or if the risk is such I should walk away now.

Thanks for any advice / thoughts you can give

phill99

You need to confirm the extent of the listing. For some listed buildings, it isn't the whole building that's listed. Sometimes it's just a facade that's listed. I worked in a building a few years ago where just some internal panelling in a meeting room was listed. The rest of the building want.

So it maybe that only the facadeof the building is listed.

phoebe1989seb

phill99 wrote: »

You need to confirm the extent of the listing. For some listed buildings, it isn't the whole building that's listed. Sometimes it's just a facade that's listed. I worked in a building a few years ago where just some internal panelling in a meeting room was listed. The rest of the building want.

So it maybe that only the facadeof the building is listed.

That's not how I understand it - I thought that whilst certain significant features of the property may be referred to in the listing, it was the whole building that was covered by that listing........and that any alteration to the building - whether effecting the item referred to in the listing or not - required Listed Building Consent and should at the very least be discussed with the relevant official before embarking on any works.......just my 2p

jonewer

You should in any case give the local conservation officer a ring and ask his advice. If you live in a listed building, you need to be on good terms with this person.

FireWyrm

jonewer wrote: »

You should in any case give the local conservation officer a ring and ask his advice. If you live in a listed building, you need to be on good terms with this person.

:eek: even if you dont own it?

If I was the owner and I had done something not entirely legal (Sarah Beeny style) and then you, as a POTENTIAL purchaser go and tell the local conservation officer, I'd be more than a little annoyed.

Especially if you had the wrong end of the stick!

DannyboyMidlands

FireWyrm wrote: »

:eek: even if you dont own it?

If I was the owner and I had done something not entirely legal (Sarah Beeny style) and then you, as a POTENTIAL purchaser go and tell the local conservation officer, I'd be more than a little annoyed.

Especially if you had the wrong end of the stick!

So what if the vendor gets annoyed? That's their problem for doing something not entirely legal.

Potential purchasers owe it to themselves to find out where they stand.

FireWyrm

DannyboyMidlands wrote: »

So what if the vendor gets annoyed? That's their problem for doing something not entirely legal.

Potential purchasers owe it to themselves to find out where they stand.

the OP had better be damned sure of their facts first. Perhaps a quiet word with the vendor first might be more productive. Perhaps they can produce the necessary documentation showing that the work was/is allowed and approved.

Eellogofusciouhipoppokunu

Our home is grade 2 listed and so we can do what we like internally, but need permission to change any external features such as the windows, doors, etc.

Grade 2* or grade 1 listed properties have greater restrictions, including interiors.

phoebe1989seb

Quote from English Heritage website -

"Listed status covers a whole building, inside and out. Common works requiring consent might include the replacement of windows or doors, knocking down internal walls, painting over brickwork or altering fireplaces."

and -

"Carrying out unauthorised works to a listed building is a criminal offence and individuals can be prosecuted.

A planning authority can insist that all work undertaken without consent is reversed. You should therefore always talk to the local planning authority before any work is carried out to a listed building.

An owner will have trouble selling a property which has not been granted Listed Building Consent for work undertaken."

We were all set to buy a Grade 2 listed house last year that was in need of major works to the tune of hundreds of thousands of £££ but having discovered potential infringements of LBC by the vendors and having been unable to arrange a meeting with the relevant conservation officer (as well as other factors) we determined that it was best to withdraw. We instead bought a very old unlisted house that we are restoring to its former glory with the hope that we can have it listed when the works are complete!

leveller2911

phoebe1989seb wrote: »

Quote from English Heritage website -

"Listed status covers a whole building, inside and out. Common works requiring consent might include the replacement of windows or doors, knocking down internal walls, painting over brickwork or altering fireplaces."

and -

"Carrying out unauthorised works to a listed building is a criminal offence and individuals can be prosecuted.

A planning authority can insist that all work undertaken without consent is reversed. You should therefore always talk to the local planning authority before any work is carried out to a listed building.

An owner will have trouble selling a property which has not been granted Listed Building Consent for work undertaken."



Spot on Phoebe, even if the previous owner had fitted upvc windows without permission and the current owner wanted to replace them with timber windows that are period to the property the Aluminium windows with be considered part of the Listing and will need LBC.

Yorkie1

tiernsee wrote: »

If we bought a listed building which had had internal work done without listed building consent by the previous owner who would be criminally liable? I'm trying to assess the risk to me as a new purchaser. I would expect that I could be asked to undo all the work and put it back to the previous state, but could I also be held criminally liable for work done by the previous owner?

As far as I can tell, you would not be criminally liable.

The offence is to 'execute' or 'cause to be executed' the work (addition, alteration, demolition) in absence / breach of listed building consent.

As the work occurred before you bought the property, you did not execute or cause it to be executed.

You would still have to obtain listed building consent before doing any rectification work after purchase, I think.