When dealing with properties that are within the curtilage of a listed building but aren’t listed themselves, it’s essential to grasp the nuances of planning permission. This guide will help you understand the implications for both buyers and sellers, ensuring you’re well-prepared for any potential hurdles.
What Is Curtilage and Why Does It Matter?
Curtilage refers to the land immediately surrounding a listed building, including any non-listed structures like outbuildings, walls, or stables that fall within its boundaries. Although these structures aren’t listed, they still hold a unique status due to their proximity to the listed building. This relationship subjects them to stringent planning controls aimed at preserving the character and integrity of the listed property.
Planning Permission Requirements
When planning to alter or extend a building within the curtilage of a listed building, it’s crucial to seek appropriate planning permission. Even minor modifications can require consent, as changes could affect the listed building’s setting. Here’s what you need to know:
- Assessment of Impact: Any proposed changes must be assessed for their impact on the listed building’s character.
- Consent for Works: Before any work begins, you must obtain listed building consent, which differs from standard planning permission.
- Detailed Applications: Applications should include detailed plans and justifications for the work, demonstrating minimal impact on the heritage asset.
Selling a Property within the Curtilage
As a seller, it’s vital to disclose any work done on buildings within the curtilage. Transparency about alterations ensures that prospective buyers are fully informed, and that the sale process isn’t delayed by unexpected issues. Key points to consider:
- Documentation: Provide all planning permissions and listed building consents obtained for previous works.
- Honesty: Clearly disclose any works undertaken without appropriate consent, as this can affect the sale.
Buying a Property within the Curtilage
For buyers, purchasing a property within the curtilage of a listed building requires diligence. Here’s what to watch out for:
- Due Diligence: Investigate any alterations made to non-listed structures and ensure they had the required consents.
- Future Plans: Understand the constraints on future alterations or extensions, as these will be more stringent than for non-listed properties.
- Expert Advice: Consider hiring a surveyor experienced with listed buildings to assess the property.
Implications of Unauthorized Works
If works have been completed without the necessary consent, buyers can face significant challenges. Here’s a rundown of potential implications:
- Legal Issues: Unauthorized works may lead to enforcement action, requiring the new owner to reverse the changes at their own expense.
- Property Value: The value of the property can be adversely affected due to the uncertainty surrounding the legality of modifications.
- Resale Complications: Future buyers may be wary of purchasing a property with a history of unauthorized works, complicating resale efforts.
Conclusion: Navigate with Care
Understanding the planning permission requirements for buildings within the curtilage of a listed building is crucial for both buyers and sellers. Ensuring compliance not only preserves the historical integrity of the property but also safeguards your investment. Whether you’re selling or buying, taking the time to get it right can save you from future headaches and potential legal troubles. Always consult with a professional surveyor or planning expert to guide you through the process.
For more detailed advice and insights, consider reaching out to a RICS-accredited surveyor who can provide tailored guidance based on your specific situation. You can contact us for more information or a quote for our services. Contact – Roskilly Surveyors
More detail regarding listed buildings and guidance surrounding this can be found at Listed building consent – Consent types – Planning Portal.
Guidance explaining the curtilage of a listed building can be found at Listed Buildings and Curtilage | Historic England
