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The Enterprise and Regulatory Reform Act 2013

The Enterprise and Regulatory Reform (ERR) Act 2013 introduced a number of changes to the legislation protecting historic buildings in England.  Although it retains the current level of protection, it makes it easier to manage certain changes.

Listed Building Heritage Partnership Agreements

These allow the owner of a listed building or buildings and their local planning authority (LPA) to agree which necessary works to the building are routine and regular and, if done correctly, will not harm its special interest. 

The agreement grants listed building consent (LBC) for these works, for an extended period of time, and they can go ahead whenever convenient.

This supports a partnership approach between the owner and the LPA and means that they will not have to spend time dealing with minor applications.  They can instead concentrate on any major or contentious issues affecting the building.

Historic England has produced a good practice advice note on drawing up a Listed Building Heritage Partnership Agreement.

Stow Maries Airfield, Maldon, Essex - interior of officers mess. Image shows interior of what was once the officers mess but is now a bare warehouse-type room with broken windows, doors and rubble on the floor.
Stow Maries Airfield, Maldon, Essex - interior of officers mess. Stow Maries is the largest and most complete surviving Royal Flying Corps World War I aerodrome in Britain. A Listed Building Heritage Partnership Agreement will provide positive guidance to reduce the number of occasions listed building consent will be required and create certainty over future plans and programmes of work for conserving and maintaining the historic aerodrome. © Historic England

Local Listed Building Consent Orders

A Local Listed Building Consent Order allows the LPA to grant LBC for routine or minor changes to any identified listed buildings in their area, which, if done correctly, will not harm the special interest of those buildings. 

The order grants LBC for these works over an extended period of time, and they can go ahead whenever convenient for owners.

This means that works which are well understood and perhaps repeated often in buildings of a similar type in the area, will not require multiple applications for LBC. 

Historic England has produced a good practice advice note on drawing up a Local Listed Building Consent Order.

Little Germany, Bradford. Little Germany is a distinct area of Bradford city centre characterised by a number of similar historic buildings created for the textile industry. Many of these are listed and have been converted to offices or flats, as is the building shown.
Little Germany, Bradford. The aim of introducing a Local Listed Building Consent Order is to remove the need for individual listed building consents, and to encourage and speed up investment in this part of the city centre. © Historic England

Listed Building Consent Orders

A national Listed Building Consent Order allows the Secretary of State  to grant LBC for routine or minor changes to any identified listed buildings in England, which, if done correctly, will not harm the special interest of those buildings. The order grants LBC for these works over an extended period of time, and they can go ahead whenever convenient for owners.

This means that works which are well understood and perhaps repeated often in buildings of a similar type, or in the ownership of a body such as the Canal and River Trust, will not require multiple applications for LBC.  

Historic England has produced a briefing note on Listed Building Consent Orders.

The Canal & River Trust. This image shows several men working to repair a lock.
The Canal & River Trust is developing a pilot national Listed Building Consent Order © Canal & River Trust

Certificates of Lawfulness of Proposed Works

A Certificate of Lawfulness of Proposed Works provides formal confirmation that proposed works of alteration or extension to a listed building do not require LBC because they do not affect the special interest of the listed building.

There is no obligation for anyone to apply for a Certificate, but owners may find this convenient. An application form can be found on the Planning Portal website.

Case studies

A number of case studies have been prepared to illustrate of the opportunities provided by the new provisions in the Act and how they can make the existing listed building consent system more efficient and effective.

Enterprise and Regulatory Reform Act Case Studies

Enterprise and Regulatory Reform Act Case Studies

Published 4 April 2014

These case studies have been prepared to provide an illustration of the opportunities provided by the new provisions in the Act and how they can make the existing listed building consent system more efficient and effective.

A number of other changes have been introduced by the Enterprise and Regulatory Reform Act:

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