Buying or selling a listed property

If you dream of living in a listed property full of character such as a converted barn or church, an old thatched cottage, or even a castle, there will be many different things to consider before making your purchase.

Listed properties are very special and are protected under law, which is why buying one also brings with it the responsibility to look after and protect the building for future generations. Our expert listed buildings conveyancing lawyers have extensive experience in buying and selling listed properties and can help guide you through the process.

Buying or selling a listed building can be complex, we offer straightforward and intelligent advice on the whole range of issues that are specific to listed buildings, giving you peace of mind throughout the transaction.

What is a listed property?

A listed property is one that is included in National Heritage List of England for being of historical and/or architectural importance. You can search here to find out if the property you are interested in is listed.

Currently there are estimated to be 500,000 such buildings. You can search the Historic England list online if you wish to know more about them.

What are the categories of listed properties?

Listed buildings are divided into three tiers: Grade I, Grade II* and Grade II.

Grade I

Grade I buildings are rare, and described as being of exceptional interest – only 2.5% of listed buildings are categorised as Grade I. This is where you would commonly find cathedrals, churches and castles.

Grade II*

Grade II* buildings count for 5.5% of listed properties, and are particularly important buildings of more than special interest.

Grade II

Grade II buildings are of special interest, and is the most common grading with 91.7% of all listed buildings being categorised as grade II. The majority of residential listed properties are grade II buildings.

How do listed buildings differ from other properties, and can you make alterations?

These properties are deemed to be historical assets. They are diverse and whilst they include older properties there are a number of modern structures and industrial or military buildings. This means that it may not be obvious that they are listed to the naked eye.

However, because they are special, they have protection under law, which makes them different from non-listed properties. Whilst they can be changed (or even demolished in rare cases), owners will need special permission to do so. This is called Listed Building Consent. One can be prosecuted for demolishing or making alterations without that permission.

It is a common misapprehension that only the front of the building or a certain part (such as a bread oven) is listed. But once listed, the whole premises is protected and this may extend to external buildings and structures.

What are common issues when buying or selling a listed property?

The main issues tend to revolve around illegal alterations, where someone has deliberately or innocently destroyed a part of the property that made it special. This means the person responsible may be prosecuted (jailed or fined) and they (or the new owners) may be asked to put right the damage at their cost.

Because such buildings are special they can be costly to maintain (as correct materials have to be used) and to insure.

It also means they can be harder to sell if illegal works have been undertaken. When buying such a property, care needs to be taken to identify, as far as possible, what changes have been made and what has the appropriate consent.

Points to consider when buying a listed property:

• What grade is the listing?
• Does the house suit my modern needs?
• Can I get a mortgage on a listed building?

Issues to look out for:

• Unauthorised work –Remove as Duplication
• General lack of repair, structural movement and cracks
• Double glazing (I would prefer ‘Windows’) and draughts and energy saving
• Damp
• Electrics
• Asbestos
• How do I get permission to make changes to a listed building?
• Will my local authority allow my proposed work/s on a listed property?
• Have past works on my listed building been authorised?
• Can I demolish a listed building?
• How much will it cost to repair a listed building?
• How can I avoid unexpected costs with listed buildings?
• Can I get financial support to repair this listed building?
• What insurance do I need for a listed property?