The Gullands Guide to Buying a Listed Property

Wednesday, 26 September 2012

The Gullands Guide to Buying a Listed Property

Many buildings of historical interest are listed.

In Britain there are three types of Listed Buildings - Grade I, Grade II* and Grade II. These properties carry restrictions on work that can be carried out, the higher the grade the more stringent the restrictions. The listed status is in place to protect buildings of historical interest and importance.

The major problem with listed buildings is that if works have been carried out to the property since its listing without Listed Building Consent the Local Authority has the power to ask for alterations to be put right regardless of the time that has passed since those works were carried out. When alterations have been made to buildings without requisite Planning Permission or Building Regulations approval there is generally a time limit for such enforcement action.

The legal process involved in the conveyancing of a listed property is not any different from that in respect of a non-listed building. The standard searches and enquiries will disclose whether the property is a listed building. Once this information is available then more detailed enquiries would be raised to ensure that if any works had been carried out to the property since its listing, that these had the appropriate Listed Building Consent in addition to any requirement for Planning Permission or Building Regulations approval.

Buyers should usually have an independent survey carried out and it is prudent to use a surveyor specialising in listed buildings. A surveyor should be able to ascertain alterations that have been carried out to the property and this would enable the buyer and the solicitors acting on the buyers behalf to ensure that any alterations had the appropriate consent.

If the appropriate consent had not been obtained (as there may be a requirement for the property to be put back into its original state) the purchase price could be renegotiated to cover the costs that are likely to be incurred or alternatively if time permits, the seller could be asked to remedy the works or obtain the appropriate Listed Building Consent prior to completion of the transaction.

If you are considering buying a listed building or have bought one and would like advice contact Alan Williams, Head of Residential Conveyancing at Gullands Solicitors, Maidstone.