Bath is a city rich in history and known for its stunning architecture, which includes many listed buildings. It is generally well understood that there are tighter restrictions on alterations to listed buildings. Formal consent, known as listed building consent, may be required even if planning permission is not required.
However, what may be missed, is that some unlisted properties or structures (e.g. a wall) are subject to the same restrictions including the same enforcement action for unauthorised works.
This happens when a property or structure is considered to be “within the curtilage” of a listed building. Unauthorised work is a criminal offence and there is no time limit on when enforcement action can be commenced.
The question of whether a property or structure is “within the curtilage” of a listed building should be investigated if it was built before 1 July 1948 and may have formed part of the land of a listed building.
By Priscilla Macleod, Associate, Private Client Property
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