What Can You Do to a Listed Building Without Consent?

One of the things that makes the Wimbledon area so desirable, is the wealth of beautiful buildings of historic or architectural interest. If you’re looking to buy an older property in Wimbledon, the village or Coombe, the chances are it may be at least Grade 2 listed for its local significance.

Buying a listed property has plenty of advantages – from the chance to live in a characterful home with stories to tell, to the enduring appeal of a heritage building when you come to sell.

However, if you’re planning on putting your stamp on the property, you need to understand the rules around listed buildings and the dos and don’ts when it comes to refurbishment. We consider what exactly you can do to a listed building without consent and where to get advice and information if you wish to go ahead.

What Is A Listed Building?

A listed building is a property of special architectural or historic interest that has been identified by the heritage body Historic England and added to its list. It’s important as a homeowner to understand that the listing covers the entire building and its curtilage unless otherwise stated – that is, courtyards and gardens, and outbuildings such as coach houses.

There are different categories of listing:

• Grade I listed referred to the most significant buildings of outstanding importance – castles, stately homes and other major monuments. It covers just 2% of listed buildings, those of outstanding interest.
• Grade II* listed buildings account for around 5-6%, and have particular architectural merit.
• Grade II listed buildings are of interest and broader national importance, and account for the remaining 92% of listed buildings.

Merton borough has around 250 statutory listed buildings but they update this list regularly. It isn’t limited to houses, but also includes churches, schools, stations, bridges and even post boxes.

How Can I Find Out Of My Property Is Listed?

Visit the Historic England website where you can search whether the organisation has listed your property on the National Heritage List. This is the official, current register of nationally protected historic buildings and sites in England.

Local authorities also hold records, and buyers should ask their conveyancer or solicitor to check for listed status as part of their searches.  

What Can You Do To A Listed Building Without Permission?

You need to be careful to avoid any alterations which change the special character of the building. To help you do this, it’s a good idea to understand why Historic England have listed your property, and what is so special about it.

You can find this out from the listing itself and get advice from your local authority. As a rule, it is always better to seek permission for any changes if you have any doubt.

1. Changes That Typically Don’t Require Consent

Minor changes are usually fine to have done without seeking permission, these include:

• Routine maintenance and repairs – Usually, repairing and replacing, including routine maintenance and repairs on a like-for-like basis using appropriate materials, would not require listed building consent, provided that the works do not affect the building’s character. Fitting draught excluders to existing doors and windows could come under this umbrella.
• Redecorating interiors – If you want to give your interior walls a refresh by repainting or wallpapering, you generally won’t require consent for this type of work. However, repainting external doors could need permission, as would any other type of work that affects historic surfaces.
• Replacing modern fittings – Works such as replacing modern kitchen or bathroom fittings don’t usually affect the special character of the building and won’t require permission, but if in doubt, seek guidance. There can be exceptions. If there are any special interest features, you should always check whether you have permission to replace the fittings.

2. Changes That May Require Consent – Check First

There are some types of changes that are not as clear cut when it comes to permission. On these occasions, it is better to ask permission or seek pre-application advice from the local planning authority before commencing works, just in case!

• Minor electrical and plumbing work.
• Installing underfloor heating in certain buildings.
• Adding air source heat pumps in some situations.
• Fitting EV charging points.
• Installing removable internal fixtures.
• Fitting secondary glazing.
• Repainting the property’s exterior in the exact same style and colour.
• Adding short-term, fixed structures to the garden, such as new beds or trellises for climbing plants.
• Erecting a temporary structure such as a marquee in the garden for an event.

3. Works That Always Require Listed Building Consent

There is no definitive list of which projects require listed buildings consent, however, examples that will always require permission include works such as:

• Changing the layout of rooms or altering walls, chimney breasts and stairs.
• Replacing original features, such as wall panelling, skirtings, dado rails, flooring and light fittings.
• Altering boundary walls.
• Installing of new heating and ventilation systems.
• Painting exterior and interior walls when these affect historic surfaces.
• Replacing windows.
• Installing double glazing, even where the existing windows are not original.
• Internal divisions.
• Installing new insulation to walls, floors and ceilings.
• Adding extensions or outbuildings within the curtilage.
• Significant landscaping changes that affect the setting of the building.

This list is not exhaustive, so if in any doubt then seek clarification from your local planning department or apply for consent. Listed buildings consent is also required for total or partial demolition of a listed building or if the listed building has a change of use that involves physical alterations. Additionally, If you want to clean the external masonry, this must be done by experienced professionals to prevent damage.

You can find more examples on the Historic England website.

What Can You Do to a Grade 1 Listed Building?

Grade I listed buildings are subject to the strictest controls, so even minor internal works may require consent. Permitted development rights are severely restricted, and the bar for obtaining consent is significantly higher than for Grade II. Any proposed changes must demonstrate than they either preserve or enhance the special architectural or historical interest of the building.

If you are making a consent application, specialist heritage architects and conservation officers will typically be involved.

What Can’t You Do to a Grade 2 Listed Building?

Unlike standard permitted development, Grade II listed buildings have very limited permitted development rights, and many works will require consent. Unless you have received consent, homeowners are typically prohibited from:

• Replacing windows, including like-for-like if the existing windows are original.
• Removing or altering internal features such as panelling, fireplaces, original staircases and cornicing.
• Painting original external masonry without consent.
• Adding extensions that detract from the character of the building.
• Removing outbuildings or garden walls within the curtilage.
• Installing satellite dishes, solar panels or external air conditioning units.

Once again, this list is just a starting point covering common situations, and is not exhaustive. Always consult a specialist before commencing works to a Grade 2 listed building.

What Is The Consequence Of Not Applying For Consent?

Altering a listed building without consent is a criminal offence which could carry a heavy fine or even a prison sentence. If works are carried out to a listed building without consent, the local planning authority may serve a listed building enforcement notice requiring you to return the building to be returned to its former state.

Historic England is not passive in this and can investigate – if the owner cannot achieve a compliant solution, they will pursue prosecution in serious cases. Aside from the legal consequences of a financial penalty or custodial sentence, being brought to court carries obvious reputational implications.

One crucial detail is that listed building enforcement notices have no time limit. In other words, unauthorised works can be pursued years or even decades later, with no statute of limitations. If you purchase a property with unlawful works, then you inherit the liability for non-compliance.

I Am Selling A Listed Property – Can I Apply For Retrospective Consent?

Yes, works completed in the past may be given consent – known as retrospective consent. If you are looking to sell, it is a good idea to obtain this consent well in advance of marketing your property.

Outstanding enforcement issues can cause chains to collapse, and your sale may fall through. However, retrospective consent is not guaranteed, and your local authority may well refuse it and require reinstatement instead. Contact your local council for advice.

Occasionally, indemnity insurance is an appropriate alternative where the works are low-risk and minor. Seek advice on your situation before you proceed.

I Am Buying A Listed Property, Should I Proceed If I Discover Unauthorised Alterations?

If you’re buying a listed building, you need to ensure that your seller can provide evidence that any works were granted the correct listed building consent and planning permission. Enforcement notices can be issued at any time – even many years after the unlawful works were carried out – meaning you could be liable for putting things right. You would also find it difficult to sell the property on.

If works were carried out to the building without consent, and you wish to proceed, you could require the vendor to carry out remedial works as a condition of the sale.

That’s why it’s crucial to instruct a surveyor who is experienced in listed buildings. You should also ask the vendor for copies of all listed building consents and planning permissions granted, and check the local authority’s planning portal for outstanding enforcement notices. This due diligence is particularly important when buying heritage property in areas like Wimbledon Village or Coombe.

Common Questions About Listed Building Alterations

And Finally

Listed building ownership comes with certain legal responsibilities, but with the right advice, making changes often becomes manageable. If you’re looking to buy a heritage property, contact us, we have many desirable homes for sale in Wimbledon Village, Raynes Park, New Malden, Roehampton, Putney and beyond. And if you’re looking to sell in these areas, we’d be happy to advise you about the implications of selling a listed home.