Listing has changed
From 1 April 2005, English Heritage are the organisation responsible for the administration of the listing system.
The purpose of listing
Making an application for listing
The listing process
Reviews of listing decisions
Removing a building from the statutory list
Building Preservation Notices
Certificates of Immunity
Future changes to the heritage protection system
Frequently asked questions
Contacts
The purpose of listing
Listing gives a building statutory protection against unauthorised demolition, alteration and extension. It is an integral part of the system for managing change to our environment through the planning process administered by local planning authorities and the Office of the Deputy Prime Minister.
Listing is the start of a process, rather than an end in itself, flagging the significance of an asset so that its future management can enhance its contribution to local, regional and national life.
The Secretary of State for Culture, Media and Sport (referred to below as the Secretary of State) is responsible for compiling the statutory list of buildings of special architectural or historic interest. English Heritage is responsible for providing expert advice on which buildings meet the criteria for listing, and for administering the process.
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Making an application for listing
Anyone can apply for a building to be listed. To have a building considered, write to English Heritage at:
Heritage Protection Operations Team
English Heritage
1 Waterhouse Square
138 - 142 Holborn
London
EC1N 2ST
The application should be supported by as much information as possible, including:
- Address of the building
- Reasons why you believe it may merit listing
- Clear, original external and internal photographs
- Name and contact details of the owner
- Location map
The more information that is supplied, the quicker a listing application can be dealt with.
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The listing process
English Heritage are responsible for considering and advising on all applications for listing, and for making recommendations to the Secretary of State about whether to add buildings to the statutory list.
English Heritage will assess the building against the criteria published in Planning Policy Guidance 15: Planning and the Historic Environment. Before a full assessment is made, the owner and local authority will be informed that listing is being considered (unless the building is considered to be under immediate threat), and asked for comments.
If there is any doubt about the significance of the building, English Heritage may undertake historical and documentary research, and make comparisons with other examples of the same building type. In most cases an inspection will be undertaken, although this is not always necessary. Where English Heritage consider that an inspection is desirable, the owner's permission will be sought.
When the assessment is complete and any comments from the owner and local authority considered, the recommendation will be forwarded to the Department for Culture, Media and Sport. Before taking a decision the Secretary of State may seek advice from others who she considers have special knowledge or interest in historic buildings. After the Secretary of State has come to a decision, the owner, applicant and local authority will be notified, and sent a letter detailing the reasons for the decision.
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Reviews of listing decisions
If someone considers that the decision about a building has been wrongly made, they may write to the Department for Culture, Media and Sport within 28 days of notification of the decision, requesting that it be reconsidered. An example of a wrongly made decision would be where there has been a factual error or some irregularity in the process affecting the outcome. The Department will then be able to indicate the likely timescale for consideration of the request, which will depend on the nature of the particular case.
Decisions about whether or not to list or de-list a building are not usually revisited unless there is significant new evidence about the special architectural or historic interest of a building, or a material change of circumstances affecting the assessment of its architectural or historic interest.
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Removing a building from the statutory list
The Secretary of State will remove a building from the list if it no longer meets the statutory criteria. This may be because of new evidence about the special architectural or historic interest of the building, or a material change of circumstances (for example, fire damage that has affected the special interest of the building). The Secretary of State can only take into account a building's architectural or historic interest when considering an application for de-listing.
Applications for de-listing will not generally be considered if the building is currently the subject of an application for listed building consent, or an appeal against refusal of consent, or if action by a local planning authority is in hand. This is because both listed building consent and enforcement appeal procedures give appellants the right to argue that a building is not of special interest and should be removed from the list. Where this process is already underway, the issue of de-listing is more properly addressed in this way.
Applications for de-listing should be made to English Heritage in the same way as listing applications.
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Building Preservation Notices
Planning authorities and National Park authorities have the power to serve a Building Preservation Notice (BPN) on the owner of a building which is not listed, but which they consider is of special architectural or historic interest and is in danger of demolition or alteration in such a way as to affect their character as buildings of such interest.
A BPN provides protection to a building in that, for a period of six months after service of the BPN, it is subject to the same rules as if it were in fact listed, allowing time for a formal assessment to be carried out. The planning authority generally serves a BPN on the owner of the building and then notifies the Secretary of State, requesting that the building be considered for listing. The Secretary of State must decide within six months whether to list the building. If it is not listed, compensation may be payable if loss has been sustained as a result of the BPN.
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Certificates of Immunity
A Certificate of Immunity (COI) precludes the Secretary of State from listing a building for five years and precludes the planning authority from serving a BPN for that period. Provided that planning permission is being sought or has been obtained, any person may ask the Secretary of State to issue a COI. COIs are a useful tool where development is intended on a site. They give greater certainty to developers proposing works which will affect buildings that may be eligible for listing. If a COI is not issued, then a building will normally be added to the statutory list.
Applications for COIs should be sent directly to DCMS.
A Note About Certificates of Immunity from Listing pdf (66kb)
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Future changes to the heritage protection system
In July 2004, the Government published its report on the consultation review of heritage protection. The proposals in "Review of Heritage Protection: The Way Forward" include a number of short and long-term measures. The long-term measures will require primary legislation and so cannot be implemented immediately; work is ongoing towards the preparation of a White Paper with a provisional publication date of 2006. The short-term measures will bring improvements to the heritage listing system. The first of these was introduced in April 2005, with the handing over of responsibility for processing listing applications to English Heritage.
Forthcoming measures include: improved list entries for listed buildings; consultation with owners and local planning authorities on listing applications; new information packs for owners of newly listed buildings; and a formal process for reviewing listing decisions
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Frequently asked questions
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Contacts
Contact the Heritage Protection Department at English Heritage at hpoperations@english-heritage.org.uk.
Contact the Architecture and Historic Environment Division listing team at the Department for Culture, Media and Sport at listing@culture.gsi.gov.uk.
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