Legislative Factors affecting the Sustainable Renovation of Listed Buildings

Sustainability can be broadly broken down into 3 pillars and main concepts. Social, Environmental and Economical. These are topics I have discussed in previous blog posts however there is a final factor that is subjective to listed buildings specifically. That is the legislation surrounding listed buildings as it alters and controls variables that can be changed. This article will explain the impact legislative measures have on the Sustainable Renovation of Listed Buildings.

Defining what is a worthy building to be protected under legislation can be subjective without clear laws in place. It would be widely agreed upon that structures such as the Houses of Parliament, Georgian Bath, and Stonehenge are among those required to be protected by law (Mynors, 2006, pp3) but when it comes to “normal” residential buildings the decision to approve changes to the building are down to the local council planning authorities who base their decisions from national government planning policy guidance documents put together by the Department of Culture Media and Sport (DCMS) and approved by the secretary of state (Government Planning portal, 2022). According to the Government Planning portal, the DCMS use the following criteria to decide which buildings to include on the list of protected buildings. These buildings must fall into at least one of the following categories of: Architectural interest – due to their design and craftsmanship, Historic interest – demonstrates an aspect of the UK’s cultural history, Historic association – illustrates “close Historical association with nationally important people or events.” And Group Value – part of an architectural site such as terraces or model villages. Not all alterations to a building require planning permission and some adjustments are acceptable under Permitted Development Rights.

This means that it can be possible for an extension to be built without planning permission if it complies with certain aspects e.g., the extension cannot exceed four meters in height, can only be single-story, cannot include balconies and verandas, or any alteration to the roof of the existing house and more (Government Planning portal, 2022). This, however, is not the case for listed buildings. When a building is listed, the whole building including the interior and exterior of the building is protected by law and any alteration to a listed building will not only require planning permission but also listed building consent.

Listed building consent is designed to protect buildings of national importance or significant heritage and are in place in addition to standard planning regulations. Its intentions are to protect any alteration that may alter the character of a building and according to Section 9 of the Planning Listed Buildings and Conservation Areas Act (1990), it is a criminal offence to perform works on a building without gaining the relevant permission and can be punishable with two years’ imprisonment and an uncapped fine (Historic England, 2022).

Whilst it is acknowledged that a building must fall into a category that gives it importance and national merit in order to be listed, they also have to meet criteria when considering the age of the property. All buildings built before 1700 and are in a form of original condition must be listed. Most buildings built after 1700 and until 1840 will be listed although will go through a selection process and after 1840, only buildings of specific interest, character, and quality will be considered. The youngest building to be considered would be a minimum of 10 years old, however, this would be in a very limited capacity and would require significant historical interest and deemed under threat(Government Planning Portal, 2022).

Building Regulations are categorised alphabetically and Approved Document L concerns the conservation of fuel and power within dwellings (Government Planning Portal, 2022) which is the main thing designers are required to look at when renovating or retrofitting a building to be more sustainable. Buildings have to comply with such regulations, however, it is widely recognised within the current regulations that historic buildings or those protected by a listed status cannot reach the same energy efficiency standards as new buildings therefore, there are exemptions for listed buildings and those within Conservation Areas, where compliance would unacceptably alter their character and appearance. (Historic England, 2022)

References

Historic England (2022) Listed Buildings. Available at: https://historicengland.org.uk/listing/what-is-designation/listed-buildings/#Categories (Accessed: 19/12/21).

Government Planning Portal (2022) Listed Building Consent. Available at: https://www.planningportal.co.uk/planning/planning-applications/consent-types/listed-building-consent (Accessed: 13/12/21)

Mynors, C. (2006) Listed buildings, conservation areas, and monuments. 4th edn. London: Sweet & Maxwell.