Listed buildings in the UK have extra legal protections within the planning system, meaning that the owner has to apply for permission before making any alterations or renovations. To qualify as a listed building, the structure must be deemed to be of significant historical or architectural merit.
However, sometimes buildings that have been awarded this special status fall into disrepair, as the Victorian Society has highlighted with its list of what it considers to be the top 10 most endangered sites in England and Wales. But why do certain buildings become at risk despite the extra legal protection that they are afforded?
Despite all the rules and regulations, owners of listed buildings are not legally obliged to keep them in a good state of repair. However, local authorities do have some powers to act if a designated heritage asset has deteriorated to the extent that it may be nearing a stage where it is beyond repair.
These include the power for a local authority to carry out urgent works, which are broadly defined as emergency repairs to make the building safe from the risk of collapse, protect it from the elements, or to secure it against vandalism or theft. However in reality these powers are used sparingly, and must be approved by the Secretary of State.
Notice must be given to the owners, and work can only be carried out in an unoccupied building or in the unused part of an occupied building. The building must also be deemed to be of exceptional interest or in a conservation area where loss or damage to the building would substantially affect the character of the locality.
The costs of the repairs are recoverable from the owner of the building, and only essential works can be carried out to keep costs at a reasonable level. The local authority must take into consideration the ability of the owner to pay for the work at the outset, and the owner has the right to appeal if meeting the final costs will cause them hardship.
A local authority also has the power to serve a repairs notice on the owner of a listed building, which are able to include non-urgent works and can also be applied to occupied buildings. The work must be ‘reasonably necessary for the proper preservation of the building.’
This wording has been subject to some legal disputes in the past, as it is open to interpretation and needs to be considered on a case by case basis.
The repairs notice cannot be used to request the renovation of features that were already in a state of disrepair when the building was listed, unless they are necessary to the survival of the building, such as a repair to the roof.
If no reasonable action is taken within two months of the repairs notice being served, the local authority has the power to begin compulsory purchase order proceedings. In such cases, any future purchaser will have an obligation to carry out the necessary repairs.
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