Listed Building Consent - Criminal Liability and Offences

Rhys Rosser • March 2, 2025

Section 7 of the Planning (Listed Buildings and Conservation Areas) Act 1990 states that listed building consent is required before carrying out any works that would alter, extend, or demolish a listed building in a way that affects its character as a building of special architectural or historic interest.

The provisions of Section 7 mean that owners or developers must obtain permission from the local planning authority before making changes to a listed building. Failure to secure consent before carrying out such works can result in criminal liability, including fines or prosecution. The need for permission applies where there is alteration or extension in any manner which would affect its character as a building of special architectural or historic interest, unless the works are authorised.


Section 9 establishes that unauthorised works to a listed building—such as alterations, extensions, or demolitions—without obtaining listed building consent are criminal offences.


This means that individuals who carry out such works without approval from the local planning authority may face legal consequences, including:


  • An unlimited fine or imprisonment.
  • Prosecution.
  • Potential enforcement action requiring the restoration of the building to its previous state.


Additionally, Section 9(3) provides a defence in cases where emergency works were carried out to protect health, safety, or the preservation of the building, provided that:


  • The works were urgently necessary.
  • It was not practicable to secure safety or preservation through repairs or temporary support.
  • The works were limited to the minimum measures immediately necessary.
  • The local planning authority was notified in writing as soon as reasonably practicable.



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