Listed Buildings and Unique Properties – Legal Issues Buyers Often Overlook

July 1, 2026

The charming and unique character of listed buildings make them a desirable choice for many purchasers. However, with such historic homes many buyers often overlook the legal implications involved during the conveyancing process and the considerations for future ownership.

In practice, a listed building that has a clean record in terms of alternations and the necessary consent is a rare sight. Buyers should be conscious to ensure they receive specialist legal guidance to protect themselves from inadvertently inheriting risks and becoming trapped in enforcement action.

Listed building status and the implications

A listed building is one that has been recognised as having special architectural or historic interest. The National Heritage List for England contains a publicly accessible map search which contains information on whether a building is listed. Multiple factors are considered when deciding whether a building should be listed, but as a general rule, the older the building, the more likely it is to be listed.

The purpose of listing is to retain the special interest of the building and to ensure that any works and alternations preserve this character. Accordingly, owners of listed buildings are subject to additional responsibilities that other homeowners do not have to be concerned about.  

Listed building consent – what buyers need to know

When purchasing a non-listed property, buyers and their conveyancers typically need to be wary of whether any alterations have received the necessary planning permission and building regulations approval. When buying a listed building there is the added complexity of listed building consent.

While experienced homeowners may be familiar with the circumstances in which planning permission is needed, they may not realise that additional listed building consent may be required. Importantly, this requirement applies to both internal alternations as well as external alterations.

The Planning (Listed Buildings and Conservation Areas) Act 1990 requires consent to be obtained for works that affect a buildings character as a building of special interest. The subjective nature of this requirement can result in disagreement between the property owners and local planning authorities.  

To protect themselves against enforcement action, before carrying out any works, homeowners should check with the local authority conservation officer on whether consent is likely to be required. In considering any application, the local authority will look at how the proposed works will affect the overall preservation and character of the building.

Carrying out unauthorised works to a listed building is a criminal offence. Further, the local planning authority can issue a listed building enforcement notice requiring the homeowner to:

  • Reverse the unauthorised works to the previous condition;
  • Carry out further works to alleviate the unauthorised works; or
  • Bring the works to a state they would have been in had the conditions of the listed buildings consent been complied with.
Pitfalls and major issues when purchasing without specialist guidance

Purchasers should act early and take proactive steps to avoid delays down the conveyancing process by instructing a specialist surveyor experienced in listed and historic buildings. These surveyors should be able to assess what works have been completed on the property allowing the conveyancer to investigate whether the required consent was obtained and whether the risk of enforcement action exists.

Buyers must be aware that planning issues run with the land rather than the offending individuals. This means a purchaser would inherit the adverse consequences of unauthorised works and alterations, even if the works were completed many years prior.

Unlike regular planning permission and building regulations authority, there is no time limit for enforcement for a lack of listed building consent. The indefinite time limit for enforcement creates the risk for purchasers looking to own such properties. While buyers cannot be criminally liable for a previous owners unauthorised works, they are still at risk of the enforcement options outlined above. The cost of remedying these works can be extensive, especially when considering the specialist craftmanship that might be required to reverse works back to their historic state.

Indemnity insurance is often taken out by buyers to mitigate this risk. While in many circumstances these policies provide a viable option to progress a purchase, buyers should still be aware of the limitations of these policies. The cover the insurance provides is only financial, and if required by the planning authority to do so, works would still need to be remedied. Furthermore, insurance cover is often deemed invalid if the local authority is contacted regarding the relevant works. This means any homeowner looking to obtain retrospective consent or make a new application for works may void the insurance policy that previously ‘protected’ them.

Preservation requirements vs modern living needs

A building being listed does not mean that it can never be changed, instead the extra degree of control over works should be navigated carefully by purchasers intending the renovate or upgrade a listed building to create more modern and comfortable living. Purchasers may intend to upgrade their new home by installing more modern features for example, updated bathrooms/kitchens, improved insulation or air conditioning. These changes must be carefully assessed against the character and features of the property that has led it to be listed.

This challenge of balancing the historic character against these more modern features needs to be carefully considered before a purchaser commits themselves buying a listed building with this intention. By understanding the implications at the start, a purchaser can make an informed decision on whether buying a listed building aligns with their requirements and intentions, helping avoid unnecessary costs and potential disputes.

How our experienced residential property solicitors can help protect your purchase

Greater investigation, especially into planning matters, is required when buying a listed building. Buyers should ensure they instruct a conveyancer with the required relevant experience and who understand the unique challenges that these properties create.

At Herrington Carmichael, we have an experienced Residential Property team who can help guide you through the purchase of a listed building, helping to avoid delays, unnecessary costs, and potential disputes in the future. Please contact us today.

Zoe Morris
Senior Solicitor, Residential Property
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This reflects the law and market position at the date of publication and is written as a general guide. It does not contain definitive legal advice, which should be sought in relation to a specific matter.

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