4 year rule on listed buildings?

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  • 4 year rule on listed buildings?

    I received a reply regarding my conservatory and the 4 year rule 27.07.08.

    I mentioned the conservatory reply to my friend. She has a grade 2 listed dwelling. She installed glass windows in the tiled flat roof of the kitchen and lean to lounge flat roof. Both are extensions built pre listing. She had previously met with opposition to this request from the LPA conservation officer. However, she proceeded as the 2 roofs could not be seen from the street. She asks. Is there a four year rule for listed dwellings as she is now in her 6th year. Thank you in advance of a reply.

  • #2
    Unfortunatley there us no immunity from planning enforcement with listed building with regards to the 4 year rule. The fine is £20,000 or up to six months imprisonment (I wonder what it would be if you had robbed and battered an old lady? - 100 hours community service and £50 costs? - I digress!).

    I wouldnt worry if six years have passed though, unless shes planning on upsetting the neighbours!.

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    • #3
      Note that s.9 and s.43 of the Planning (Listed Buildings and Conservation Areas) Act 1990 [Offences] contain no time limits. Although there are a few defences in s.9(3) and in s.43(4), passage of time is not one of them!

      If a Listed Building Enforcement Notice is served [under s.38], a person with an interest - owner or occupier of building- can appeal under s.39
      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
      4. *- Contact info: click on my name (blue-highlight link).

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      • #4
        A lot of people think that listed building consent is not required for alterations that cannot be seen from the street. This is not the case and its certainly not in listed building consent legislation. Listed building consent refers to the building as a whole, inside and out.

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