Curtilage listings

On this webpage:

1. What does 'curtilage listed' mean?
2. Which buildings are curtilage listed?
3. What to do if you are unsure
4. Contact us

What does 'curtilage listed' mean?

A curtilage listed buildings is a building, object, or structure which forms part of a listing, even though it is not attached to the principal listed building.

It is covered by the listing, as for any other part of the listed building. This means that works to a curtilage listed building may also need Listed Building Consent, if the proposed works will affect the significance of the building as a whole.

Prior approvals cannot be sought on curtilage listed buildings. If you carry out unauthorised works to a curtilage listed building, this could be classed as a criminal offence.

Curtilage listing is a legal formula, and it does not automatically confirm that the building, object, or structure makes a positive contribution to the significance of the principal listed building. However, it will 'catch' and thus help protect many others that do.

Equally, a detached building may contribute to the significance of a listed building, without meeting the criteria to be curtilage listed to it.

Historic England have published an advice note on listed buildings and curtilage.

Which buildings are curtilage listed?

Most listing entries do not confirm which - if any - buildings are curtilage listed. Some of them were written before curtilage listings were introduced.

Between the legislation and court decisions, four main factors have been established as relevant.

To be curtilage listed, the building in question must meet all of the following:

1. In the curtilage of the principal listed building on 1 Jan 1969, or on the date of the listing (whichever is more recent). Later changes to the extent of the curtilage do not affect this. Curtilage is a legal concept, which is defined as the immediate land enclosing a property. Its extent can be open to interpretation
2. On the site since 1 July 1948. Pre-1 July 1948 buildings, moved to site from elsewhere after this date, are therefore excluded
3. In the same ownership as the principal listed building on 1 Jan 1969, or on the date of the listing (whichever is more recent). Later changes in ownership do not affect this
4. In ancillary use to the principal listed building on 1 Jan 1969, or on the date of the listing (whichever is more recent) - later changes in use do not affect this. The facts regarding what qualifies as 'ancillary' can be difficult to establish

The dates mentioned relate to changes in legislation or designation, rather than changes in the nature of buildings, which is why they do not confirm whether any curtilage listed building has historic interest.

These factors might be subject to further clarification by the courts in future.

What to do if you are unsure

For a definitive ruling on whether a building is curtilage listed or not, you will need to apply for enhanced listing from Historic England.

However - and although not a legal ruling - the most practical thing to do is to contact our Heritage team, for our advice.

If we are satisfied that a building is, or is not curtilage listed (or at the very least, is or is not likely to be), it is highly unlikely that our view would ever then change - unless information that was previously unavailable came to light.

Please keep a record of any correspondence you have with us, so that it can be used as evidence if needed.

It is important that you provide sufficient information we can use to assess against the four main factors (such as photos, historic maps, and Title Plans). We are unlikely to hold this information ourselves.

However, this information may no longer exist - for example, it may not be possible to source map evidence of the extent of curtilage at the precise relevant date, or the Title Plans confirming ownership and use at the precise relevant date.

In these cases, we may err on the side of caution and treat the building as curtilage listed, until proven otherwise.

We also recommend that you check through any planning history, as a ruling or judgment may have already been made.

Contact us

Email heritage@baberghmidsuffolk.gov.uk

Phone 0300 123 4000 (Option 5, then Option 3)

Write to us:

Heritage Team

Babergh and Mid Suffolk District Councils

8 Russell Road

Ipswich

IP1 2BX

For pre-application advice

For more specific guidance on the acceptability of works that need any form of permission, please visit our Pre-application advice webpage.