SCOTLAND’S LISTED BUILDINGS

&

INTERVENTION BY LOCAL AUTHORITIESUnit 1 Principles of Conservation

Scotland’s Listed Buildings

What is a Listed Building?

A listed building is a building

or structure which has been

officially recognised as having

architectural, historical or

cultural significance.

Picture: Palace of Holyroodhouse, Edinburgh

Which Buildings are Considered?

•Buildings erected before 1840

•Buildings with individual character or quality

•Buildings designed by renowned architects

•Buildings associated with historic events or nationally famous people

Picture: Bute House-Home of First Minister, Edinburgh

Who Decides?

Historic Scotland and Local Planning

Authorities work together to

determine which buildings are

suitable for listing.

Picture: Nelsons Column, Glasgow

Legislation

The legislation which covers Listed

Buildings is called:

The Town and Country Planning

(Listed Buildings and Conservation

Areas) (Scotland) Act 1997

Picture: Tron Steeple, Glasgow

What does Listing Mean to You?

When a building becomes listed, it is

illegal to alter, extend or demolish the

building, internally and externally,

without Listed Building Consent,

issued by the Local Planning

Authority.Picture: Nelsons Monument, Edinburgh

What does Listing Mean to You?

Owners of listed buildings also have

a legal obligation to maintain the

condition of the building. Grants are

often available from Historic Scotland

to assist in the upkeep of such

buildings.Picture: Willow Tearooms, Glasgow

Which Categories Are There?

There are three categories of listed buildings in Scotland:

•Category A

•Category B

•Category C

The classification given to each building identifies which level of protection they receive

Picture: Craigellachie Bridge, Moray

Category A

‘A’ listed buildings are those

considered to be of national or

international importance, either

architectural or historic, or fine-little

altered examples of some particular

period, style or building type.

Source: Guide to the Protection of Scotland’s Listed Buildings

Picture: Wallace Monument, Stirling

Category B

‘B’ Listed buildings are those

considered to have regional or more

than local importance, or major

examples of some particular period,

style or building type which may

have been altered.

Source: Guide to the Protection of Scotland’s Listed Buildings

Picture: Ibrox Stadium, Glasgow

Category C

‘C’ Listed buildings are those

considered to have local importance,

lesser examples of any period style,

or building type, as originally

constructed or moderately altered;

and simple, traditional buildings.

Source: Guide to the Protection of Scotland’s Listed Buildings

Picture: Park Hall, Shetland Islands

How Many Listed Buildings Are There?

There are approximately 47,00 Listed

Buildings in Scotland:

•Category A – 8%

•Category B – 60%

•Category C – 32%

Picture: Airth Castle, Falkirk

Where are the Lists Held?

To find out if a building is listed you

can access the lists by contacting:

•Planning Offices

•Historic Scotland

•Royal Commission of Scheduled and

Ancient Monuments in Scotland

Picture: Crossraguel Abbey, Maybole

Intervention by Planning Authorities

• Published in 1998• Gives guidance on:

– Listed buildings– Intervention by planning

authorities– Conservation areas– Gardens and designed

landscapes– Grants and loans– Appeals, purchase notices and

compensation: the rights of the applicant

Historic Scotland Memorandum

of Guidance

• Where unauthorised alterations or extensions are carried out to a listed building, planning authorities can either prosecute (usually in exceptional cases only) or issue an enforcement notice (more common)

• Where unauthorised alterations or extensions are carried out to a scheduled monument planning authorities cannot issue a listed building enforcement notice. The matter should instead be reported to Historic Scotland

Introduction

Listed Building Enforcement Notices

• Notices are served in writing to the current owner, lessee and occupier of a building

• The notice states:– What unauthorised work has

allegedly been done– The steps required to either

• Restore the building to its former state

• or alleviate the effects of the work carried out without listed building consent

• or to bring the building to the state it would have been in if the terms of listed building consent work had been complied with

Unauthorised works

• Offences include– unauthorised demolition of a

listed building– unauthorised alterations or

extensions that affect the character of the building

• Offenders are liable to up to 24 months imprisonment and / or an unlimited fine on conviction on indictment (for trials held with a jury)

Dangerous Buildings

• Building control authorities may serve a notice requiring the owners of a building to execute works to make safe or to demolish the building because of its dangerous state or other major defect

• However, the owner must still obtain listed building consent (or conservation area consent) for any such works

• If a listed buildings is also a scheduled monument, scheduled monument consent must also be obtained from the Secretary of State

• Works urgently required in the interests of health and safety may be permitted provided that:

– The works are limited to the minimum measures necessary

– Notice in writing, justifying the need for works in detail is given to the Secretary of State

Repair & maintenance

• The preservation of traditional buildings requires their regular maintenance and timely repair.

• Planning authorities can serve repair notices or may compulsorily purchase a listed building if it is being neglected.

Compulsory acquisition

• Listed buildings which are not being properly conserved may be compulsorily purchased

• This does not apply to ecclesiastical buildings in use as such or scheduled ancient monuments

Compensation on compulsory acquisition of listed buildings

• Any person whose building is compulsorily purchased is entitled to compensation

• A planning authority which is satisfied that a listed building has been deliberately allowed to fall into disrepair in order to justify its demolition and the redevelopment of the site can, when making a compulsory purchase order, make a ‘direction for minimum compensation.

• i.e when valuing for compensation it is assumed that neither planning permission nor listed building consent would be given for any works to the building except those for restoring it to a proper state of repair

Further Reading

The following websites and publications offer more detailed advice on the

listing of buildings:

•Guide to the Protection of Scotland’s Listed Buildings – Published by Historic Scotland

2006

•The Town and Country Planning (Listed Buildings and Conservation Areas)

(Scotland) Act 1997

•http://en.wikipedia.org/wiki/Listed_building

•http://www.historic-scotland.gov.uk/index/historicbuildings.htm