• there is no limitation period for breaches;
• liability runs ‘with the land’ (ie an innocent purchaser will have to remedy the defects);
• if the LA serves a notice or letter of intent, the owner should consider applying for retrospective listed building consent. No enforcement action will be taken until the outcome of that application is known;
• bear in mind that properties in conservation areas are also subject to restrictions (in particular, demolition);
• many people falsely believe that listing is limited to certain aspects of the building only and that it also depends on the grading of the listing. In particular, there is absolutely no substance in the common misconception that a Grade II listing refers to the exterior only, nor that the features specifically mentioned in the listing notice are the only items requiring preservation. Everything in all buildings of all grades is protected, unless it can be shown that the feature or element is of no significance and does not contribute to the special interest of the building. This applies not just to the buildings or structures attached to the main listed building, but also to independent structures within the curtilage (if erected prior to 1948);
• when acting for a purchaser of a listed building you will need to look through the planning file for all listed building consents that have been granted (and all applications that have been refused). In particular you need to know what conditions have been imposed, and you will want confirmation from the seller that he carried out no unauthorised works (and preferably, confirmation that no unauthorised works were carried out by his predecessors in title).

Ideally, the client should instruct a surveyor who is qualified in historic buildings conservation to advise (ie look at the building, consult the planning file, check that all conditions had been met, and look for suspicious features that might possibly be unauthorised alterations). Needless to say, many clients will not be prepared to pay for such specialist advice, but if you have warned of the need to get such advice then you will have probably protected your own insurance policy! For an introductory article see [2006] SJ 938.  © Practical Lawyer