Listed Buildings at Risk
Grade I and II* buildings are monitored annually by English
Heritage and those buildings that are considered to be at risk are
entered onto a National
Buildings at Risk Register. However, due to the lack of
monitoring of Grade II listed buildings which make up the majority
of listed buildings in Bassetlaw, Nottinghamshire County Council
conducted their own survey of Bassetlaw and all other districts in
Nottinghamshire to produce the
Nottinghamshire Register of Buildings at Risk.
Why do buildings become ‘at risk?’
Buildings may become at risk for a number of
reasons:
- Lack of maintenance can lead to the
rapid decline of decay and structural deterioration of a
building;
- Redundancy – many buildings within
Bassetlaw, particularly agricultural buildings have become
redundant because they are now too small to accommodate modern farm
machinery and farming methods.
- Owners – one of the most common
reasons for a building to become at risk. Often owners are
oblivious to problems or have neither the will nor the means to
rectify problems. However, inclusion on the list should not
be regarded as a criticism of all owners as many are actively
seeking ways to secure their future.
- Location – this can often be
detrimental to buildings; locations in unattractive areas e.g. busy
areas or those that fall into industrial areas can become
‘blighted’.
- Economic climate of an area, lack of
investment and maintenance regime leading to subsequent
deterioration.
- Catastrophic events such as fire
damage or vandalism can destroy the fabric of buildings.
What can be done?
Re-use
Providing a building at risk with a new use
is one way to give life to an historic building and preserve it for
future generations. The re-use of historic buildings also promotes
sustainability in reducing the requirements for development of
previously undeveloped land and the construction of new
buildings.
Contacting owners:
In some instances, the owner may not be aware of deterioration,
and a gentle reminder may be served to prevent more expense at a
later date. In more serious cases involving advanced dilapidation
which prove difficult to resolve through discussion alone the
Council will reserve the right to proceed with relevant legal
action against owners. Where ownership is unknown this may be
identified via the Land Registry, or may be known amongst the local
community.
Legal Powers Available:
If negotiations fail to bring about a solution or even temporary
measures to prevent decay, and the owner is considered to be
deliberately allowing the building to deteriorate, the Council has
a range of legal powers available.
Under the provisions of Section 54 of the
Planning (Listed Building and Conservation Areas) Act 1990, the
Council may serve an Urgent Works Notice. This can be served to
either prevent deterioration from starting by attending to a
problem, or to prevent deterioration from getting worse. Initially,
a property owner would be contacted in writing, setting out the
provisions of the 1990 Act. If no action is evident, a second
warning letter is issued with a draft schedule of works which the
Council considers necessary for the preservation of the building,
and a date on which the notice will be served if the works are not
carried out. If the notice is served and the works are not carried
out within 7 days in accordance with the works schedule, the
Council may carry out works itself. It may also recover the costs
from the owner under the provisions of Section 55
of the Act.
As an alternative, or if following an Urgent Works Notice, the
property continues to be of concern, Section 48 of
the Act enables the Council to serve a Repairs Notice. This would
specify the works considered necessary for the proper preservation
of the building, and is more comprehensive than an Urgent Works
Notice, and can require the full renovation of a building. The
procedure of 2 warning letters and a draft schedule is the same,
but if after 2 months following the service of a notice, the
Council remains dissatisfied that the building is being properly
maintained, it may commence Compulsory Purchase Proceedings under
Section 47 of the 1990 Act. In this instance, the
Secretary of State when issuing their authorisation of Compulsory
Purchase, may also authorise minimum compensation.
Grants
Bassetlaw District Council currently has a grant scheme
available to help owners of listed buildings at risk repair them or
carry out investigative work. Further details are available
on the Grants page.
Related links:
Grants
Last Updated - 13/01/2010