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New rules set to help owners, managers and developers of listed buildings in the UK

Legislation introduced at the end of last month in the Enterprise and Regulatory Reform Act 2013 means that those wishing to make changes to listed buildings should be able to do so with more consistency, according to planning and design consultancy Turley Associates.

The new legislation is introduced exactly 100 years after the introduction of the very first piece of true legislation designed to protect buildings of historical importance, the Ancient Monuments Amendment and Consolidation Act of 1913.

The new act introduces a number of entirely new ideas taken from the previously shelved Heritage Bill, the Penfold Review and other consultations including heritage partnership agreements; new types of list entry descriptions for listed buildings; certificates of lawful proposed works to listed buildings; revised certificates of immunity from listing; and new national and local listed building consent orders.

‘These changes are most welcome and will assist in the proactive management and conservation of listed buildings. More importantly, the new regulations recognise that all parties need some degree of certainty when looking to manage change to protected buildings.  The new regulations should allow for this,’ said Roger Mascall, the firm’s director of heritage.

‘Heritage partnership agreements will, for example, allow owners of protected buildings to enter into an agreement with a local authority that sets out which works are allowable without the need for separate listed building consents, a pre-granting of consent. This is particularly useful for large estates or complexes with a number of protected buildings that need to be regularly changed,’ he explained.

The new list entry descriptions will, according to Mascall, also be well received by owners of listed buildings.  ‘Current listings tend to be very vague, causing delay and frustration when an owner wishes to make any changes. This change will allow those designating to be more specific regarding the nature and extent of the listing thereby providing much needed clarity for all parties,’ he added.

Also adding a greater degree of certainty is the introduction of certificates of lawful proposed works. ‘To date, it has been all but impossible to formally determine whether proposed works to a listed building will actually require consent. A certificate of lawful proposed works, issued by a local planning authority, will categorically confirm that the works described do not effect the character of a listed building meaning that consent is not needed.  Notably, there is right of appeal if dispute arises,’ Mascall pointed out.

‘Certificates of lawful proposed works will effectively begin to introduce a body of decisions, some as a result of appeal, that should bring a degree of much needed consistency to heritage protection, allowing owners and developers to easily ascertain early on what may or may not require consent,’ he added.

However, the firm points out that further guidance and secondary legislation is needed before many of these measures introduced in the Act can be fully adopted. ‘No timetable has yet been given and owners, managers and developers of listed buildings should continue to seek advice before embarking on works to listed buildings,’ said Mascall.

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