As Building Engineers we understand the pathology of buildings, our approach is one of an holistic approach to studying and understanding buildings and in particular, building defects and associated remedial actions. Surveys involve the methodical examination of buildings, their elements, components and environment, to diagnose and remedy. There are two classifications of defects ‘latent’ and ‘patent’. Latent defects are those which cannot be discovered by reasonable inspection, for example problems with foundations which may not be apparent. Patent defects are those which can be discovered by reasonable inspection such defects that are visual.

Building defects are aspects of the building that were not completed in accordance with the contract or that have failed due to ageing and natural deterioration of the building fabric, many common types of defects are found on buildings. Some of the defects may affect the structural safety of the buildings while most of them are localised and non-structural in nature. During a survey the examination of materials may involve invasive practices such as excavating pits to examine foundations or footings or simply prodding components with a screw driver to see if timbers are rotten or plaster has separated from the lath or that plasterwork has perished. Non invasive techniques involve a visual inspection of elements and components, this technique may also involve moisture content of material readings and environmental readings such as relative humidity (RH), temperature, lighting and sound, the majority of surveys are a combination of invasive and non-invasive techniques providing a pathological examination of a structure to determine if any defects are present.

Listed building consent

Listed building consent is required for all works of demolition, alteration or extension to a listed building that affect its character as a building of special architectural or historic interest.

The requirement applies to all types of works and to all parts of those buildings covered by the listing protection (possibly including attached and curtilage buildings or other structures), provided the works affect the character of the building as a building of special interest.

It is a criminal offence not to seek consent when it is required (1). Not knowing a building is listed is not a defence to any criminal proceedings. This makes it very important that any doubt is investigated and discussed with the local planning authority.

It is also not a defence to show that consent would or should have been given if it had been applied for. A defence is available if the works were urgently necessary in the interests of health and safety.

An application for listed building consent is made to, and determined by, the local planning authority. Where the works have an impact on the external appearance of the building, planning permission may also be required and if so should be applied for at the same time. The local planning authority must consult Historic England and the National Amenity Societies on certain listed building consent applications (2).

Local planning authorities can be consulted on the need for listed building consent. Given the difficult nature of deciding whether the special interest might be affected and the fact that it is a criminal offence to fail to apply for consent when required, it is vital they are consulted in cases of any doubt.

It is a common misunderstanding that the special interest of a listed building lies only in its features, such as fireplaces and plasterwork. The interest is in its history and architecture. The general form and layout of the building may be as important in this regard as any eye-catching “period feature”. Principles of Selection (3) gives a good sense of what makes buildings of a particular type or period important, as do Historic England’s selection guides (4). The list entry for each building may also give assistance (5) but it is not an exhaustive description and older entries can offer little detail.

Whether buildings within the vicinity of the listed building are protected by being within the curtilage of the principal building and whether objects or structures attached to the principal building are protected is also a difficult judgement. Again, if there is any doubt the local planning authority should be consulted.

In summary, the principles are:

If an object is fixed to the principal building in such a way that it would be considered a fixture in the usual land-law sense (i.e. would be conveyed with the property on sale unless expressly excluded), it would be protected by the listing.
Any structure fixed to the building (however large, including whole other buildings) will be protected if it was ancillary to the principal building at the date of listing (or possibly at 1 January 1969 for list entries that pre-date).
Any pre-1948 building that was in the curtilage of the principal building at the date of listing (or possibly at 1 January 1969 for list entries that pre-date) is protected provided it is fixed to the land and is ancillary to the principal building.
The curtilage of a building has to be determined on a case-by-case basis, but is essentially the area of land that is ancillary to the main building. Relevant factors in determining that area will be: the physical layout; past and present ownership; and, current and previous uses of the land and buildings. A domestic garden is usually going to be easily identified as curtilage. Buildings in farm, commercial or institutional use provide more difficult examples.
Some buildings will have no curtilage.
After 26th June 2013 some new and amended list entries may expressly exclude curtilage or attached structures and objects from protection or may declare certain features to be not of specific interest.

Heritage statement

A Heritage Statement is an assessment of the significance of heritage assets, and/or their settings, and of the impact of any development upon them.

The need to produce a Heritage Statement is a requirement of the National Planning Policy Framework (NPPF). The NPPF sets out the Government’s planning policies for England.

Regarding Heritage Statements specifically, paragraph 128 of the NPPF states that:

Local planning authorities should require an applicant to describe the significance of any heritage assets affected including any contribution made by their setting

Who can produce a Heritage Statement?

Small works, of small impact, require only simple heritage statements that can easily be produced without the need for special expertise.

However, for some proposed developments, such as Listed buildings, the heritage statement should ideally be prepared by an appropriate professional with the necessary expertise to properly assess the heritage asset and its significance.

When is a Heritage Statement required?

Heritage statements are most commonly associated with applications affecting listed buildings (designated heritage assets), development within conservation areas, or locally listed buildings (non-designated heritage assets). A heritage statement is also required for applications which may affect the setting of such buildings/areas.

Rather than solely demonstrating compliance with the NPPF, the Heritage Statement should be viewed as an important practical tool to guide an applicant in developing their proposals. As good practice, it should therefore be one of the first things that an applicant considers when beginning to formulate their development proposals.

What should a Heritage Statement include?

The NPPF states that the level of detail in a heritage statement should be proportionate to the heritage asset’s importance, and no more than is sufficient to understand the potential impact of the proposal on its significance.

Statement of significance

A Heritage Statement is an assessment of the significance of heritage assets, and/or their settings, and of the impact of any development upon them.

The need to produce a Heritage Statement is a requirement of the National Planning Policy Framework (NPPF). The NPPF sets out the Government’s planning policies for England.

Regarding Heritage Statements specifically, paragraph 128 of the NPPF states that:

Local planning authorities should require an applicant to describe the significance of any heritage assets affected including any contribution made by their setting

Who can produce a Heritage Statement?

Small works, of small impact, require only simple heritage statements that can easily be produced without the need for special expertise.

However, for some proposed developments, such as Listed buildings, the heritage statement should ideally be prepared by an appropriate professional with the necessary expertise to properly assess the heritage asset and its significance.

When is a Heritage Statement required?

Heritage statements are most commonly associated with applications affecting listed buildings (designated heritage assets), development within conservation areas, or locally listed buildings (non-designated heritage assets). A heritage statement is also required for applications which may affect the setting of such buildings/areas.

Rather than solely demonstrating compliance with the NPPF, the Heritage Statement should be viewed as an important practical tool to guide an applicant in developing their proposals. As good practice, it should therefore be one of the first things that an applicant considers when beginning to formulate their development proposals.

What should a Heritage Statement include?

The NPPF states that the level of detail in a heritage statement should be proportionate to the heritage asset’s importance, and no more than is sufficient to understand the potential impact of the proposal on its significance.

What is statement of significance

A Statement of Significance is a detailed description of the historical development of a building and its lifecycle. From the history of the site to the start of construction, intermittent phased building to present day. The document is a an information representation of the building based upon on obejectivity and informed assessment of the relative merits or ‘significance’ of aspects or features. These can be physical features, or aspects of the social fabric of the building or historical significance, such as famous/infamous people associated with the building, historical events that are associated with the building or events that have happened nearby.

A Statement of Significance will provide you and others the knowledge to care for your asset and make informed decisions about any proposed changes. A Statement of Significance should draw on related sources such as the listing description, scheduling, historic environment.

A Statement of Significance is also a live document and will require updating as the significance of building changes.

Building conservation

Listed building consent

Heritage statement

Statement of significance

What is statement of significance

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