Demolitions
Buildings which are listed or which lie within a conservation
area are protected by law. This does not mean that you can never
alter or demolish one, but carrying out relevant work without the
appropriate consent is a criminal offence. Unfortunately many
building contractors and even some architects who do not specialise
in historic building work are unaware of the alterations which
require consent, leaving them and their clients liable to criminal
prosecution.
In brief the following works require consent throughout England,
Scotland, Wales and Northern Ireland:
- All works affecting a scheduled monument or the ground
surrounding it require scheduled monument consent.
- The demolition or alteration of a listed building and historic
structures within its grounds requires listed building
consent.
- The demolition of an unlisted building in a conservation area
requires conservation area consent.
- Alterations to the exterior of all buildings may also require
planning permission and an application may be needed for some works
to houses in conservation areas and other buildings affected by an
'Article 4 direction' which otherwise would not require one.
Although there are slight variations in the legislation
protecting historic building and conservation areas throughout the
UK, the same principles apply.
Conservation Area Consent
The demolition of a building requires conservation area consent
if the building is situated within a conservation area. (Prior to
the case of Shimuzu v Westminster City Council in 1997
'demolition' was taken to include the demolition of part of a
building, such as a chimney stack or a front porch. However, on
appeal the House of Lords ruled that the removal of part of a
building constituted an alteration, not demolition. As a result the
demolition of a part of a building in a conservation area no longer
requires conservation area consent, no matter how important that
part is to the character of the building and of the conservation
area).
Unauthorised demolition is a criminal offence.
Listed Building Consent
No person shall execute or cause to be
executed any works for the demolition of a listed
building unless the works are authorised.
Listed building consent is required for all alterations to
listed buildings and their interiors irrespective of their grade or
category of listing. It is also required for alterations to any
object or structure which lies within the grounds or 'curtilage' of
a listed building and which was constructed before 1 July 1948.
This may be taken to include garden walls, sundials, dovecotes
and other such objects and structures as well as buildings which
are ancillary to the principal building, not separated from it, and
were so at the time of listing. It is important to note that
altering a listed building without consent is a criminal
offence.