Works to a listed building without consent
Page updated on: 17/04/2024
Making unauthorised alterations to a listed building without Listed Building Consent is a criminal offence. This applies to the owner of a listed property, or anyone working on that property, and can result in prosecution. If you suspect or know unauthorised works have been carried out to a listed building, including your own, you should contact your local authority as soon as possible.
The local planning authority will then advise whether to submit a formal application to regularise these works or if necessary, reverse unauthorised works.
In some circumstances the local authority may serve an enforcement notice to rectify unauthorised works and possibly, as a last resort, prosecute.
There is provision within the Planning (LB&C) Act 1990 for emergency works. Please refer to Section 9 of the Planning (Listed Buildings and Conservation Areas) Act 1990.
If you consider it necessary to undertake emergency works please contact the Built Heritage Team prior to commencing so that they can advise and assist. If it is not possible to contact your Local Planning Authority (for example out of hours) you should notify them at the earliest opportunity afterwards.
Commencing unauthorised works to a listed building is a criminal offence and you can be prosecuted. So emergency works without Listed Building Consent requires clear and convincing justification with appropriate evidence that the works are/were necessary.
With seeking consent for unauthorised works on a Listed Building you cannot apply for consent ‘retrospectively’ as the works are only considered legal from the date that Consent is granted. However, in order to regularise unauthorised works an application for LBC will need to be made. Applications to retain unauthorised works will follow the same procedures as for obtaining listed building consent as if the works haven’t been carried out.
It is in the interests of the owner to make an application for LBC as soon as unauthorised works are identified in order that enforcement action is not taken by the Local Planning Authority. The Built Heritage Team is happy to discuss any concerns you have on this.
Responsibility for unauthorised works to a Listed Building is connected to ownership. It is therefore important that you establish whether works to-date are authorised prior to exchanging contracts.
If you suspect works have been carried out without Listed Building Consent you should contact your Local Planning Authority immediately who will be able to advise you on how to proceed. Often the LPA will invite you to apply for Listed Building Consent to regularise the unauthorised works, however, in some circumstances they may require you, where possible, to reverse the unauthorised works.
If you suspect unauthorised works have been carried out to a Listed Building you should report it to our Planning Enforcement Team who will then consult the Built Heritage Team.
You will be required to formally report the alleged unauthorised works in writing by either email or letter. Anonymous reports cannot be investigated, but all reports will be treated as confidential.
If you are concerned about a listed building which appears to be vulnerable or in a state of disrepair, you can report it to Carmarthenshire Council’s Enforcement Team who will then consult the Built Heritage Team.
You will be required to formally report your concerns in writing by either email or letter. Anonymous reports cannot be investigated, but all reports will be treated as confidential.
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