Legal: Running a pub that's a listed building

Related tags Pub Listed building

The expression "listed building" is frequently banded about in respect of pubs nowadays but most people may not know what the expression actually...

The expression "listed building" is frequently banded about in respect of pubs nowadays but most people may not know what the expression actually means and what the legal implications of running a pub in a listed building actually are.

The first misconception that most people have when talking about a listed pub is exactly what the listing is comprised of. Each specific listing will include the pub itself, any object or structure fixed to the pub and any object or structure within the curtilage of the pub that forms part of the land and has done so since July 1, 1948.

The second area of confusion is usually in relation to the grading of each listing. Buildings are divided into three grades to show their relative architectural or historic interest.

The grades range from Grade I which are buildings of exceptional national importance, Grade II - which are buildings of particular importance of more than special interest - and finally Grade III, which are buildings of special interest, warranting every effort to preserve them but tending to be of more local importance.

Listed building consent

The higher the grade, the harder it is going to be to obtain listed building consent (LBC) to carry out any works to the building.

If a pub is listed it may require LBC to demolish, alter or extend the building. LBC is not the same as planning permission, which may be required in addition to LBC. In some cases LBC is further-reaching than ordinary planning permission as it may be required by itself for works such as internal alterations that do not require planning permission.

If unauthorised works are intended to be carried out or are carried out to a listed pub without LBC then the local planning authority can criminally prosecute (with unlimited fines or up to two years imprisonment if the case is heard in the crown court), take listed building enforcement action (which can require the pub to be put back to its former state) or apply to the court for an injunction (which is usually the case when the works to the pub have not yet commenced).

It's not possible to go into all of the legalities of running a pub in a listed building in this article, but it is hoped that this overview will enable those already running a pub in a listed building and those considering doing so to make better informed decisions and be aware of the legal consequences and duties of dealing with it.

Related topics Property law Legislation

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