What is a Section 278 Agreement?

A Section 278 Agreement is a legal agreement between a developer and a highway authority to carry out highway works.

Buying A Listed Building: What You Need To Know

Listed buildings can be wonderful homes, full of character and history. They also come with responsibilities which do not apply to most modern properties. Before committing to a purchase, you should understand what is protected, whether past works had the necessary consent and how the listing may affect your plans for the property.

The key point: listing does not prevent change, but works which affect the building’s special character may need listed building consent before they are carried out.

Check the listing

The National Heritage List for England is the official record of nationally protected historic buildings and sites. The list entry is a useful starting point. It may describe the building, its date, important features and the reason for listing.

The description should not be treated as a complete list of everything protected. The listing will usually apply to the whole building, inside and outside. It may also extend to attached structures and certain buildings or structures within the grounds, depending on their age and relationship to the principal building.

Commission the right survey

A standard valuation is not a substitute for a detailed building survey. Older buildings may have been constructed using traditional materials and methods which require specialist knowledge. Damp, movement, roofing, timber decay, drainage and inappropriate modern repairs may all need careful consideration.

Choose a surveyor who has experience of listed and historic buildings. The survey should help you understand the building’s condition, likely repair costs and whether proposed works may require specialist advice or consent.

Investigate previous alterations

Unauthorised works are a particular concern. During the conveyancing process, your solicitor should investigate alterations and ask for copies of listed building consents, planning permissions, building regulation approvals and related documents where relevant.

Your solicitor will not normally physically inspect the property and may not be able to identify physical alterations from the legal papers alone. You should therefore tell your solicitor about anything noted during your viewing or survey which appears to have been altered, replaced or removed. Your surveyor should also be asked to identify any works which may require further investigation.

Liability for unauthorised works can affect a later owner, even if the work was carried out before they bought the property. The local planning authority may require remedial or reversal works, and carrying out unauthorised works to a listed building is a criminal offence.

Indemnity insurance is sometimes considered, but it is not a cure for defective or harmful work and will not make the work lawful. Its availability and value depend on the facts. Contact with the local authority may also affect whether cover is available, so take legal advice before approaching the authority about historic works.

Planning future work

You may be able to repair, alter or extend a listed building, but the correct approvals must be obtained first. Listed building consent may be needed where works would affect the building’s character as a building of special architectural or historic interest. Planning permission and building regulations approval may also be required, depending on the work.

Speak to the local planning authority’s conservation officer at an early stage and use architects, surveyors and contractors with relevant heritage experience. Do not assume that routine works, replacement windows, internal alterations or the removal of historic features can proceed without consent. Even work described as repair or maintenance may require consent if it involves the loss of historic material or affects the building’s character. Do not assume that work is exempt merely because replacement materials are described as “like for like”.

Budget for ownership

Repairs may need traditional materials and specialist contractors. Arranging buildings insurance can also require more careful consideration because of reinstatement costs and the building’s construction. Obtain suitable insurance quotations and understand any conditions before exchange of contracts.

Before you exchange contracts

Read the list entry and understand the extent of the listing.
Commission a specialist building survey.
Identify alterations and check the available consents and approvals.
Discuss any missing consent with your solicitor before anyone contacts the local authority.
Check that buildings insurance is available on acceptable terms.
Take advice on any works you hope to carry out after completion.

How we can help

Buying a listed building need not be daunting, but the legal and practical issues should be investigated before you become committed. Our Residential Property team can review the title and planning history, raise the necessary enquiries and explain any unresolved risks before exchange of contracts.