Listed building consent
Unlike planning permission, there are no set time limits on enforcing unauthorised works to a listed building. Also, it is an offence to carry out works affecting the character of a listed building, unless the works are authorised.
Listed building consent is required for demolition, extensions and alterations which affect the character of the listed building. This includes internal alterations to any category of a listed building whether it be A, B or C(S). Any unauthorised work can be subject to enforcement action going back to the date of listing but in practice we will not take enforcement action against longstanding work (with some exceptions) or minor works.
The following criteria will be used in determining whether to take enforcement action against unauthorised works to a listed building.
Date of works
If the works are over 10 years old we will not take any enforcement action unless they involve significant changes to the external appearance of the building or involve significant changes to principal rooms or stairwells / hallways, and it is deemed in the public interest to do so. Significant changes include the creation of partitions, removal of original doors and fireplaces and the lowering of ceilings. A principal room is one of the main rooms of a property. Individual properties, including flats, may have more than one principal room. Principal rooms will usually be the largest rooms in the property - well proportioned, often symmetrical and will have good quality / original plasterwork and joinery.
In most cases we will not take any enforcement action on works carried out before the enactment of the Town and Country Planning (Scotland) Act 1972.
We cannot take any enforcement action on works carried out before the listing of a property.
Types of property
Internal works to colony type flats, basement / sub-basement and attic flats with coombed ceilings will not be the subject of enforcement action.
Minor works
We will not take any enforcement action in respect of minor works no matter when they were carried out. Minor works include
- the conversion of cupboards to form en-suites / bathrooms
- the removal of a partition within or between cupboards
- the replacement or relocation of kitchen and bathroom fittings within an existing kitchen or bathroom
- the creation of new partitions, the removal of old partitions or the creation of new openings in non-principal rooms
- re-wiring or re-plumbing
- the installation of satellite dishes hidden in roof valleys
- the removal of non-original partitions to re-instate rooms including principal rooms to the original size
- repair and maintenance works in matching materials.
It should be noted that freestanding structures, for example, sheds, built within the grounds of a listed building, do not need listed building consent. But, these may be a breach of planning permission if built within the last four years.
Retrospective listed building consent
The Council does not issue letters of comfort for unauthorised works to listed buildings and, if a formal decision is required, an application for listed building consent should be submitted. This will then be determined and a decision notice issued.
Where the works are minor and do not affect the character of the listed building, we will inform you that permission is not required, usually within two weeks of submitting your application.
Other applications may have to be more assessed and some may have to be notified to Scottish Ministers before we can grant listed building consent. This can take up to two to three months to reach a decision.
In some cases, the application will be refused and enforcement action initiated. But, this applies to a small proportion of applications.