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Nov, 2014

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  1. #1
    Join Date
    Feb 2006
    Posts
    3,343

    Default Listed building consent not sought for repairs; LL liability?

    Hypothetical question

    Grade II listed building needs repairs. For example leaking roof requires repairs

    If FRI tenant repairs the roof and it affects the character of it, without listed building consent, what might happen say 10 years down the line when the tenant is gone? Can the LL be forced to make good?
    All posts in good faith, but do not rely on them

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  2. #2

    Default

    I would first of all find out if repairs to a listed building which would not be acceptable becomes immune from enforcement after so many years, after all, isn't it a Town & Country Planning Matter. And at the moment the council are (presumably) unaware when the roof was repaired for the first time, as it is then when "time began to run" .
    And if the council find out after your tenant has left, they will have a go at the landlord which would probably cost more to defend or fight than fixing the roof properly would cost now. And down the line after this tenant has left are you able to get a new tenant on a "repairing Lease" who will accept a "Unauthorised Listed Building Roof Repair" responsibility, together with the potential of enforcement. Its problems like this which keep council planning officers busy and out of the unemployment queues.

  3. #3
    Join Date
    Sep 2009
    Location
    Greater London
    Posts
    1,508

    Default listed building repair dilemma

    Quote Originally Posted by Bel View Post
    Hypothetical question

    Grade II listed building needs repairs. For example leaking roof requires repairs

    If FRI tenant repairs the roof and it affects the character of it, without listed building consent, what might happen say 10 years down the line when the tenant is gone? Can the LL be forced to make good?
    In my experience this would not be likely to be pursued for enforcement; but it depends on how visible the repair is. A bit of roofing felt stuck over a cracked asphalt area of roofing for example is unlikely to involve you being prosecuted.

    I knew a senior listed buildings officer who was a big cheese at English Heritage who lived in a magnificent Georgian house in Oxfordshire.
    She was very proud of all the repairs he had carried out to restore the historic character of the very beautiful old house. I did ask her how about the lead detailing on a small sub-roof balcony area which had been done very competently in code 6 sheet and pointed out, however that the Georgians heated up and poured lead on site to produce an entirely different look and method of sealing to the modern method, a fact which the lady in question was unaware.
    Of course today you wouldn't be allowed to heat up and pour lead, for elth and safety reasons. The point is that even experts on listed building are forced to carried out repairs that differ from the ideal, and not much happens. Dont start me on the subject of installing recessed lighting in old period lath and plaster ceilings; that really is vandalism and invariably causes collapse of the ceilling within a relatively short period

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