Serving the Teesside Business Community | 55
Picture by Martin Walker
A listed building – like Middlesbrough’s Grade
I listed Acklam Hall – is defined as a “building
which is included in the list compiled or
approved by the Secretary of State”.
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Are you getting the right advice on listed buildings?
David Fairley MRICS, accredited non-domestic energy assessor and partner with
Sanderson Weatherall LLP, gives the lowdown on listed building legislation…
D
espite industry misconception and
guidance (not a regulation, but an
interpretation of such) on both the
government and Historic England
websites, indicating that listed buildings are
exempt from EPC requirements, there is no
express exemption in Energy Performance
of Building Regulations for listed buildings.
Rather, the legal obligation remains that
an EPC is required when a commercial
transaction takes place and thereafter,
the requirement for any upgrades to
ensure compliance with Minimum Energy
Efficiency Standards (MEES) must then be
considered.
It is therefore the reference to MEES
which is the critical element of the
process, as it is this requirement which will
dictate whether the property needs to be
considered for exemption, subject to the
rating that is achieved.
A listed building is defined as a “building
which is included in the list compiled or
approved by the Secretary of State”.
Accordingly, Historic England, states
that a listing is not a preservation order,
preventing change. It does not freeze a
building in time, it simply means that listed
building consent must be applied for, in
order to make any changes to the building
which might affect its special interest.
It is clear, therefore, that alterations are
envisaged and simply that listed building
consent must first be obtained for any
proposed changes are undertaken, which
may have an impact on the requirements
under MEES, to ensure that the property
can be let.
There is obviously, therefore, a degree
of subjectivity with this process and it’s
generally up to the landlord to decide how
they wish to proceed.
However, appropriate strategic advice
from a reputable EPC assessor including
suitable Building Surveying and Architectural
advice, will be beneficial in progressing
matters further.
Once an EPC has been prepared for
a listed building, the certificate should
not automatically be lodged, but the full
assessment process should be undertaken
and appropriate recommendations should
be generated.
This will then allow the assessor, working
in conjunction with the landlord, to ascertain
which alterations could be undertaken
and which ones would potentially be
considered to create an exemption from
the requirement for an EPC based on the
following:
• Would unacceptably alter its character or
appearance
• Are not possible or practical
• Cannot be made at no cost to the
landlord using Green Deal, Energy
Company Obligation, or third-party grant
funding from the local authority.
Specifically with regard to Listed
Buildings, it is the comment that an
alteration would unacceptably alter its
character or appearance which is the
critical matter that needs to be considered
when viewing potential upgrades to meet
the MEES requirement.
Therefore, the provision of
recommendation suggesting, for
example, the installation of wind turbines,
air conditioning plant or providing
replacement double glazed windows, are
ones that are likely to have a negative
impact on the character of the property
and ones for which an exemption claim
will be successful.
Our building consultancy team have
worked with a number of owners of
listed buildings across the region and
are on hand to offer advice to those who
are concerned about the impact the
regulations might have.
David Fairley MRICS
Accredited non-domestic energy assessor
and partner
Sanderson Weatherall LLP