The IHBC has written to HM Land Registry (HMLR) to note widespread concern of members – especially those in Local Authorities – about requirements of the Local Land Charges Register for mapping Listed Buildings (LBs) and the Land Registry’s acceleration of the requirement to plot listed building curtilages.
These concerns have been raised in recent months by members in meetings of Council, the IHBC’s inclusive and representative body; in local IHBC meetings; and in correspondence to the National Office.
The IHBC writes:
We understand that the general Policy of HMLR is that where a listed building charge includes curtilage structures they should be reflected in the spatial plotting of the Listed Building. But in doing this we are concerned that the intention is being widely misinterpreted as a requirement to definitively map the curtilage of listed structures. As a result, it is likely to result in inaccurate legal advice and unauthorised work to Listed Buildings. HMLR should provide clear information at all times that curtilage listing is a legal matter and that proper legal opinion should be taken to establish decisively what is included within the Listed Building curtilage. Curtilage boundaries should only be drawn after a thorough investigation of the history of a site and a comprehensive site inspection and even then only done by a competent skilled heritage professional with reference to legal advice and case law.’
Roy Lewis, IHBC Policy Secretary said: ‘In my view, it is both unfair and impractical to expect local authorities to define listed building curtilages in the manner expected by HM Land Registry. At the same time, it is entirely reasonable for purchasers of property to expect a search to reveal whether the property they are buying has listed status. Local authorities do not list buildings and do not have access to listing inspector’s notes. Buildings in England and Wales are listed by the Minister on the advice of Historic England/Cadw, who should be responsible for defining the extent of what is covered. Curtilage boundaries are provided for new listings. The only sensible long-term solution is for Historic England/Cadw to provide boundaries for all listed buildings.’
The IHBC asks the HM Land Registry:
- What steps is HMLR is going take to deal with the legal implications of potentially incorrect information being given as a result of this project?
- What is the expected realistic timescale is for completing the project? and
- As it will clearly be a costly additional responsibility, we would like to know what additional resources are being put into this work to enable Local Authorities to carry out reviews of curtilage?
For background see the HMLR Guidance for originating authorities
See especially S.4.6
