A GUIDE TO OWNING OR BUYING A LISTED BUILDING

Transcription

1 A GUIDE TO OWNING OR BUYING A LISTED BUILDING 00 Pages The 0 Listed 0 Property Owners Club

2 CONTENTS INTRODUCTION 1 Introduction 2 What is a listed building? 4 How are listed buildings chosen? 8 The conservation officer 16 Specialist advice 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. THIS GUIDE HAS BEEN PRODUCED TO CLARIFY THE ISSUES THAT OWNERS FACE. IT COVERS THE LEGAL, FINANCIAL AND PRACTICAL ASPECTS OF OWNERSHIP BUT SHOULD YOU NEED FURTHER INFORMATION OR ADVICE THE LISTED PROPERTY OWNERS CLUB IS HERE TO HELP. 100 The Listed Property Owners Club

3 WHAT IS A LISTED BUILDING? Listing means the building is included on a national register as a property of architectural or historical importance. 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 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. 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. If you would like a copy of your homes listing please get in touch with the Listed Property Owners Club. TELEPHONE info@lpoc.co.uk 2 The Listed Property Owners Club 00 The Listed Property Owners Club

4 HOW ARE LISTED BUILDINGS CHOSEN? All buildings built before 1700 which have survived in anything like their original condition are listed. Buildings dating from between 1700 and 1840 are listed, although some selectivity is applied, while buildings from 1840 to 1914 are selected on the basis of their demonstrating technological advances, being the work of notable architects, or possessing some notable feature. More recent post-war buildings are now being considered for listing, and the very wide definition of building in The Town and Country Planning Act (1990) Any structure or erection, and any part of a building, as so defined allows any man-made structure, from barns to bridges and telephone boxes to grave stones, to be included on the list. 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. Northern Ireland uses a similar system to Scotland with grades A, B+, B1 and B2. LISTED STATUS SCOTLAND CATEGORY A Buildings of national or international importance, either architectural or historic, or fine little altered examples of some particular period, style or building type CATEGORY B Buildings of regional or more than local importance, or major examples of some particular period, style or building type which may have been altered CATEGORY C(S) Buildings of local importance, lesser examples of any period, style or building type, as originally constructed or altered; and simple, traditional buildings which group well with others in categories. A and B or are part of a planned group such as an estate or an industrial complex 4 The Listed Property Owners Club 5 The Listed Property Owners Club

5 If you own a listed property your first port of call should be the Listed Property Owner s Club. Daily Mail

6 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 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. The insurance policies created by the LPOC advisors may offer some protection against unexpected demands. 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 in tact, but they do understand owners will need to adapt their properties to modern day living with up-to-date 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. 8 The Listed Property Owners Club 9 The Listed Property Owners Club

7 THE CONSERVATION OFFICER continued IMPORTANT INFORMATION DAMP 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. Unlike cement, lime allows moisture to pass through which then evaporates into the atmosphere. This is called breathing. 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. 11 The Listed Property Owners Club

8 THE CONSERVATION OFFICER continued IMPORTANT INFORMATION 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. Lark Insurance Broking Group is the chosen advisors for the LPOC who have created a series of policies, one of which includes cover to pay to rebuild your home exactly as it was before. And 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. 12 The Listed Property Owners Club VAT The government s method of providing financial help to listed property owners is by means of VAT relief on certain works. Alterations to the fabric of the building that have been granted Listed Building Consent and are undertaken by a VAT registered contractors should not attract VAT. However, this is a very complicated segment of tax law. Sometimes it will depend on the wording that you use to describe the work as to whether or not you should pay the VAT. At the Listed Property Owners Club we have a full time VAT advisor who is available to guide members through the legislation. If you are planning to undertake work, do speak to us at any early stage. Whilst not impossible, it is difficult to reclaim tax after it has been paid. Further savings are available for conversions and energy saving work. The Sunday Times recently stated that each year over 250 million of tax was being paid unnecessarily!! 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. 13 The Listed Property Owners Club

9 Owners of listed buildings miss 250m in VAT relief. The Sunday Times

10 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 the Listed Property Owners Club on and we will happily give advice. SOLICITORS 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 its 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 Many owners have been asked by their lenders to make alterations to their listed building before funds can be released including damp-proof courses, underpinning etc. It is very important that you do not proceed on the recommendation of your mortgage company before seeking specialist advice. The Listed Property Owners Club can put you in touch with competitive specialist mortgage providers if needed. SUPPLY AND SERVICE COMPANIES The Listed Property Owners Club has compiled a register of specialist companies that supply products and services specifically for listed buildings. This yellow pages of suppliers which covers everything from architects to window repairers, surveyors to builders merchants, is available via our website and within the club magazine Listed Heritage or by telephone to The Listed Property Owners Club 17 The Listed Property Owners Club

11 The Listed Property Owners Club Lower Dane, Hartlip, Kent ME9 7TE T F Battleblent House, Belhaven East Lothian EH42 1TS T E.