The following Planning guidance note provides comprehensive and up to date legal information covering:
A certificate of lawfulness of proposed works under section 26H of the Planning (Listed Buildings and Conservation Areas) Act 1990 (P(LBCA)A 1990) provides formal confirmation that proposed works of alteration or extension (but not demolition) of a listed building do not require listed building consent, because they do not affect the character of the listed building as a building of special architectural or historic interest. Such works are therefore not liable to enforcement action under P(LBCA)A 1990, s 38. See Practice Notes: Listed building regime and listed building consent and Listed buildings enforcement and criminal liability regime.
Certificates are only available in respect of works which have not yet been carried out—they cannot be obtained retrospectively.
There is no obligation on anyone to apply for a certificate. If the person is satisfied that the proposed works do not require listed building consent, they can carry out the works without obtaining any confirmation from the local planning authority (LPA).
Planning Practice Guidance advises that if there is any doubt about whether listed building consent is required, owners and developers should discuss the matter with the LPA before submitting any application.
Applications should be made to the relevant LPA. Application forms are available on the Planning Portal website. The Planning
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