Annex 2: Listed buildings

1. Listing is the process that identifies, designates and provides statutory protection for buildings of special architectural or historic interest as set out in the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997. We define ‘buildings’ as anything made by people, such as houses, schools, factories, boundary walls, bridges and sculptures.

2. Designating a site or place as a listed building recognises its cultural significance at a national level. To be listed, a building must meet the criteria of special architectural or historic interest as set out in the 1997 Act.

3. The primary purpose of listing under the 1997 Act is to ensure that change to listed buildings is given careful consideration through the planning system. The intention is to maintain the character of Scotland’s historic buildings and to prevent unnecessary loss or damage.

4. Listed building consent is required for changes to a building which affect its character as a building of special architectural or historic interest. The relevant planning authority is the point of contact for applications for listed building consent.

5. It is a criminal offence to demolish, alter or extend a listed building in any way which would affect its character as a building of special architectural or historic interest, without listed building consent.

6. A ‘listed building’ means a building that is included in the List (Section 1(4) of the 1997 Act). The legal part of a listing is the address/name of the site or place, which is known as the ‘statutory address’. Addresses and building names may have changed since the date of listing. Even if a number or name is missing from a listing address, it will still be listed.

7. Listing covers both the exterior and the interior of a building. It also covers any object or structure fixed to the building. If a building is listed, the designation will apply to buildings or structures which are not physically attached but which are part of the curtilage (or land) of the listed building, as long as they were erected on or before 1 July 1948. This might include boundary walls, gates, gatepiers or ancillary buildings.

8. While Historic Environment Scotland is responsible for designating listed buildings, the planning authority is responsible for determining what is covered by the listing, including what is listed through curtilage. However, for listed buildings designated or amended after 1 October 2015, legal exclusions to the listing may apply.

9. A change to the 1997 Act allows us to legally exclude elements or features from a listing. These are: an object or structure fixed to the building; any object or structure within the curtilage of a listing; or any part or feature of a listed building that is not of architectural or historic interest. The intention is that listed building consent is not required for areas or structures formally excluded from the listing. In some cases, listed building consent may still be required if the works to an excluded part directly affect the listed building itself. If part of a building is not listed, both the statutory address and the statement of special interest in the listed building record will state that it is excluded. The statement will use the word ‘excluding’ and quote the 1997 Act. Some earlier listed building records may use the word ‘excluding’, but if the Act is not quoted, the exclusion carries no legal weight.

10. Listed building records provide an indication of the special architectural or historic interest of the listed building which has been identified by its statutory address. The description and additional information provided in the listed building records are supplementary and have no legal weight, but they help to indicate the special interest of the site or place. These records are not definitive historical accounts or complete descriptions of the building(s). If part of a building is not described, it does not mean it is not part of the listing or part of the special interest.

11. The format of the listed building record has changed over time. Earlier records may be brief, and some information will not have been recorded. Recent records are more comprehensive and include a statement of special interest.

12. All listed building sites are mapped with a location point. Recent listed building records also provide a polygon map. The maps and points are not legal, and only give an indication of what is listed.

13. We list buildings which are found to be of special architectural or historic interest using the selection guidance set out below. This guidance is a framework for making decisions on listing. Buildings are assessed on their own merits and individual decisions are made in each case.

14. The extent to which a building or structure survives is a consideration when assessing it for listing. However, the present condition of the surviving fabric is not a factor when deciding whether it is of special architectural or historic interest.

15. Factors such as financial issues, proposed future use, or a building no longer being in its original use will not be taken into account.

16. To decide if a building is of special architectural or historic interest, we examine its cultural significance under two main headings.

• Architectural interest

• Historic interest

The special architectural or historic interest of a building is demonstrated in one or more of the following ways.

Architectural interest

17. The architectural interest of a building may include its design, designer, materials, setting and the extent to which these characteristics survive. These factors are grouped under two headings.

Design: This relates to the building’s design and also takes into account its level of authenticity and completeness as later changes may add to or detract from the interest. The key factors we will consider include:

• the artistic skill and/or architectural details or features and how they have been used in the building’s design

• the interest of the designer in relation to the building’s design

• interior design and fixed interior decorative schemes

• the plan form of the building

• materials used in the building

• technological excellence or innovation demonstrated in the building type or its design

• local or regional traditions that might be demonstrated in the building type, material or form

Setting: This relates to the context of a building and takes into account the current and historical setting. The building’s contribution to its setting and how other features both built and natural relate to it are also taken into account. Factors include:

• the building’s relationship with its immediate and wider surroundings, including views to and from it

• the building’s relationship with its landscape, townscape or other buildings which may form a group

• the degree to which the immediate and wider setting of a building contributes to our understanding of its function or its historical context

Historic interest

18. Historic interest is in such things as a building’s age, rarity, social historical interest and associations with people or events that have had a significant impact on Scotland’s cultural heritage.

Historic interest is assessed under three headings.

Age and rarity: The older a building is, and the fewer of its type that survive, the more likely it is to be of special interest. Buildings which are less than 30 years old are not normally considered for listing, as there is insufficient historical perspective to allow a comprehensive assessment of the interest. We consider:

• the age of the building, and how it contributes to its interest

• the relative rarity of its building type or design

Social historical interest: Social historical interest is the way a building contributes to our understanding of how people lived in the past, and how our social and economic history is shown in a building and/or in its setting.

Association with people or events of national importance: This refers to the connections that a building has with people or events which have had a significant impact on Scotland’s cultural heritage. We consider:

• the length of the association

• how well documented and authenticated the association is

• the significance of the association and whether it is of national importance

• how the association is shown in the fabric, plan form, design and/or setting of the building

19. Once a building is found to be of special architectural or historic interest, it is then classified under one of three categories according to its relative importance. While the listing itself has legal weight and gives statutory protection, the categories have no legal status and are advisory.

They affect how a building is managed in the planning system.

Category A

Buildings of special architectural or historic interest which are outstanding examples of a particular period, style or building type.

Category B

Buildings of special architectural or historic interest which are major examples of a particular period, style or building type.

Category C

Buildings of special architectural or historic interest which are representative examples of a period, style or building type.

Group categories

A group category, either A or B Group, was formerly given to a group of related listed buildings to show their group interest. The group category was given in addition to the individual category and has no legal significance. This category is gradually being phased out.

Building Preservation Notice

20. Section 3 of the 1997 Act gives planning authorities the power to serve a Building Preservation Notice. This can be used to protect unlisted buildings that they think are of special interest and which are to be demolished or altered in a way that will affect their special architectural or historic interest. The building will be protected in the same way as a listed building. The notice lasts for up to six months. During this time, Historic Environment Scotland will assess whether or not the building should be listed.

Certificate of Intention Not to List

21. Section 5A of the 1997 Act gives us the power to issue a certificate stating that we do not intend to list a building. This is called a Certificate of Intention Not to List (COINTL). It prevents a building from being listed during the five years from the date the certificate is issued. A planning authority cannot serve a Building Preservation Notice for the building during this time. Applications for a certificate can be made by anyone. They are assessed in the same way as a request for listing.

22. If the building is found to meet the criteria for listing we will normally designate it. We will take circumstances related to development proposals and existing designations into account when we make this decision. Planning authorities and owners will be notified at the same time as the certificate is issued. A decision on applications will normally be reached within twelve weeks.