Frequently Asked Questions

1. I’m a residential tenant, what can I do to my property and where should I start?

  • For residential properties, landlords are responsible by law for the upkeep and repair of the structure and exterior of property they own. This includes all outside walls, roof, external doors and windows. It also includes the supply of water and plumbing.

    Responsibility for the interior of a property can be more complicated, and you should check the terms of your tenancy agreement. Generally speaking, if water gets through the exterior and causes internal problems this is also the responsibility of the landlord. If you want to carry out internal work such as painting, removing features such as light fittings or upgrading the property to make it more energy efficient, you will need to check what permissions may be required. Listing applies to the interior as well as the exterior of a building, so if the property is listed there may be a requirement for listed building consent.

  • Generally, a building owner or their agent will apply for any required planning permission or listed building consent, and you should consult with the owner before submitting any planning application or pre-application query form.

  • For an overview of tenant and landlord responsibilities, the Government guidance on private renting is a useful place to start. This sets out what the responsibilities are for landlords and tenants when repairs to the property are required, and how to proceed if repairs are not done. Shelter also offers guidance on what to do if a landlord will not carry out repairs. The Citizens Advice Bureau may also be able to offer advice. The nearest branch is in Hereford. The Leominster Outreach at The Community Centre is available on Fridays. The Tenants Voice offers free resources to help tenants learn their rights and responsibilities, manage their tenancies and rental properties and maintain good relationships with their landlords and letting agents. Their website includes specific guidance on repairs to rented properties.

 2. I’m a commercial tenant, am I responsible for repairs and maintenance to the property?

  • This will depend on the terms of your lease. Under a full repairing and insuring lease (FRI), the costs of all repairs, maintenance and insurance are the responsibility of the tenant. Under a FRI tenants usually take care of internal repairs and the landlord will arrange repairs to the external structure, for which the tenant will repay the landlord for the costs of repairs.
  • Under an internal repairing lease (IRL), the tenant is responsible for maintaining internal fixtures and finishes, and the landlord is responsible for taking care of the building’s exterior and structure.
  • Service charges are a common arrangement when renting a commercial space if the property is larger with multiple tenants, or is a short-term rental. This enables the landlord to recover the costs of repairs and maintenance to the building from tenants over the tenancy period.

3. How do I arrange scaffolding for my property?

  • Scaffolds must be designed, erected, altered and dismantled only by competent people and the work should be carried out under the direction of a competent supervisor, this will usually be your professional advisor or contractor. Scaffold towers (i.e. freestanding structures often used for small repairs and routine maintenance work) do not generally require a licence, however there are exceptions and you should always check with your professional advisor or Herefordshire Council. If the tower poses a risk to the general public for example, a scaffold licence will be required.
  • If you wish to temporarily put building materials, scaffolding, hoarding, a cherry picker, rubbish or other items in a street or make a temporary excavation you must have consent from Herefordshire Council as the highway authority. Applications are processed within 10 days of receipt.
  • There is a small fee of £110 (correct March 2024) for a license to erect scaffold or temporary hoarding or other similar temporary structure on the highway, which lasts for a maximum period of one month. Extensions to this period are charged per month and there is a higher cost for a ‘retrospective’ application – if you make this after the scaffold is erected. Contact the highways authority. The licence fee and application is usually dealt with by your scaffold contractor and will be priced into their quote. If your property is listed and the scaffolding required will temporarily fix to the building, then listed building consent may be required. Your professional advisor or contractor should be able to advise. This article from Historic England gives further advice on what to consider when planning a scaffold for a historic building.

4. Is consent required to put up a new sign in a conservation area?

New signs in the conservation area are controlled under the Town and County Planning (Control of Advertisements) Regulations 2007 and there is a useful guide to help you understand if you will need Advertising Consent for your proposals. This is a different process to Planning or Listed Building Consent.

Depending on what you are proposing, Planning Permission or Listed Building Consent may also be required. New or altered signage on a listed building will always require Listed Building Consent and may also require Advertisement Consent. In considering applications for listed buildings, Herefordshire Council must have special regard to the desirability of preserving the building or its setting, or any features of special architectural or historic interest which it possesses.

The Conservation Area has a high proportion of historic signage on the fascias above shopfronts and hanging signs and the following guidance for new signs is set out in the Leominster Central Conservation Area Management Plan:

  • New signs for commercial buildings should respect the character and scale of the existing building and its detailing. Over-sized or poorly designed fascia boards should be avoided. The use of traditional hand-painted signs is encouraged. Vinyl, perspex, and reflective metal signs will be resisted.
  • Illuminated signs with lights on projecting brackets, using downlight or trough lighting, a box fascia halo lighting should be avoided.
  • Hanging signs should be of timber or metal with a painted finished bracket, and must be fixed to give a head clearance of 2 metres or more.

5. How do I request assistance with applying for planning permission if I have access requirements?

Applications are made through the Planning Portal website. The website is compatible with speech recognition software and screen readers, and can be adjusted in other ways to make it more accessible.  If you need information on this website in a different format please contact:

Email: support@planningportal.co.uk

Phone: 0333 323 4589

Available Monday - Friday, 9am - 5pm (excluding bank holidays).

Herefordshire Council's website (including its planning and conservation pages) should also be compatible with speech recognition software and screen readers, and can be adjusted in other ways to make it more accessible. If you need information on this website in a different format like accessible PDF, large print, easy read, audio recording or braille:

Email: editor@herefordshire.gov.uk

Phone: 01432 260000.

6. What happens after I submit Listed Building Consent? What should I expect?

  • Listed building consent applications should be determined within 8 weeks. This period begins when Herefordshire Council ‘validates’ the application, and for this to happen they need you to have submitted all the required information. Applications need to contain enough detail to enable the local authority to fully understand and evaluate what you want to do and the impact it will have on the significance of the property. You can download the application form from the Herefordshire Council website to see what information is required. It is vital you submit enough detail in your application about what you plan to do, how and why to avoid delays. Within an application you will be required to provide as a minimum; a location plan, site plan and a written description of the works and their impact on the significance of the building. For more information on what to include see What is a method statement and how do I put one together for a planning application?
  • Listed building consent and planning permission applications includes a 21-day consultation period where neighbours and interested parties can comment on the proposals, and the application and the decision will be published on Herefordshire Council’s planning application search.
  • During the determination period, if the Conservation Officer has any questions they may contact you or request a site visit. Your application can be:
    • Approved
    • Rejected
    • Approved with planning conditions
  • Planning conditions are often applied to the granting of planning permission or listed building consent. These limit and control the way in which you will be able to carry out the work. For example, they may specify the nature of the building work, types of materials to be used, or require you to do further surveys or investigative work.

  • Pre-application discussions between the applicant and Herefordshire Council can help reduce the need for planning conditions to be placed on an application and can really help you to refine the work you want to do and the consents required.

  • If your permission has conditions on it, you will need to  show how you have met them and get them ‘discharged’ (approved) before you can start work. This involves you showing how you intend to meet the conditions (e.g. providing detailed information about the materials and approach you will use to renew a sash window) or provide supporting information to demonstrate compliance (e.g. a traffic assessment).

  • If you wish to remove or vary the conditions for any reason, you can request this from Herefordshire Council. It is important to leave enough time to both complete the conditions and to get them discharged by Herefordshire Council before you start work. Find out more about discharging conditions.

  • For a brief introduction to listed building consent, watch this short video from Historic England.

  • Planning and Listed Building consents last for 3 years, so any works need to be started within that time.

7. Will I get in trouble if previous owners/occupants carried out work to my property without consent?

  • Carrying out unauthorised works to a listed building is a criminal offence and individuals can be prosecuted if they refuse to obtain permission or discharge conditions on a planning application before commencing work. A planning authority can insist that all work carried out without consent is reversed, even if you did not own the property at the time. This means you may need to cover the cost of reversing previous unlawful work.
  • When buying a listed building, you should always speak to your solicitor and agent to ensure that any work that has been carried out to the property has the appropriate consents.
  • Before doing any work of your own that may need consent you should always talk to the local planning authority first.

8. What is pre-application advice?

  • It is usually helpful to discuss your proposal with your local authority before you send in a listed building or planning application – this is known as 'pre-application advice'. A planning officer or building conservation officer can advise on all aspects of the planning process relating to your application, including:
    • Whether your proposal is likely to gain planning permission or listed building consent
    • What the key planning policy issues are
    • What you would need to submit with your application
  • Herefordshire Council provide more information on what this service includes, and what isn’t included, on their website.
  • There is a charge for this service. The fee depends on the type of proposed planning permission submission. You can find more information on the pre-planning advice fees page.
  • To guide this conversation it is particularly helpful to include annotated photographs and drawings/plans which show really clearly where the work will be carried out, what will be done and how, including what materials will be used, how the area will be accessed, how invasive the work will be. Crucially, it is important to explain clearly why the work will be done in this way, and how it will impact on the special architectural or historic interest of the property.

9. What is a method statement and how do I put one together for a planning application?

  • Within an application for listed building consent, you will be required to provide a site plan, location plan and a written explanation of the proposed works.
  • This can take several forms, depending on the complexity of the project. It is sometimes called a heritage statement or a design and access statement. As a minimum it should include:
    • An assessment of the impact of the works on the significance of the building (statement of significance)
    • A statement of justification explaining why the works are required (heritage impact assessment/heritage statement)
    • A method statement explaining how the work will be done.  This needs to include  enough detail to support your application and allow the local authority to fully understand and assess what you are proposing to do.
  • You should be as specific as possible in the application. For example, it is helpful to include an annotated plan or photograph showing where exactly work to the building will take place.
  • You should include as much detail as you can about the way the work will be carried out, for example, what materials will be used, who will do the work and crucially, how it has been planned to minimise the impact on the significance of the building. Providing more detail in the application reduces the risk of clarification questions and delays to obtaining consent. For example, rather than write that the building will be repainted, specify the brand of paint and colour which will be used, be clear if all of the building will be repainted or just certain areas and set out clearly why the building will be repainted and what impact it will have on the special qualities of the building. Similarly, if the work involves repointing, specify what mortar mix will be used, the colour, aggregate and finish. Again, your professional advisor/contractor will be able to provide this information. 
  • For larger projects or more complex work, you can detail what work will be done in a method statement. Method statements should be written by a competent person who is familiar with the process being described (often your professional advisor such as a surveyor or architect, or suitably qualified historic building professional) and may need to be agreed between the client and contractor. The contents of a method statement will vary depending on the work required, but some key components are set out on this webpage.

10. Do I need permission to paint the outside of my property if it is a listed building or in a conservation area?

  • It depends! Traditional finishes are an important contribution to the special interest of a historic building or conservation area, and a general principle should be to keep them where possible.
  • If you live in a listed building, you will need listed building consent for any significant works, particularly where they will affect its character as a building of special architectural or historic interest. Whether painting requires consent will depend on the building, what you are proposing to paint it with and why. Re-painting with a ‘like-for-like’ material in a colour scheme which is sensitive to the building’s history is different to proposing to paint a property which has never been painted before. It is a good idea to read the List description for the property to see if it references the external finishes or character, and discuss your plans with Herefordshire Council. 
  • For unlisted buildings in the conservation area, introducing new external render, cladding and external painting to a property can detract from its special interest and may cause damp and condensation problems to the building. Such proposals require Planning Permission. Where these are inappropriate or have been introduced in recent times their removal is encouraged.
  • Historic England have further guidance on redecorating your property and a number of helpful scenarios in their Advice Note on Listed Building Consent.

11. How can I check if a property has the correct permissions for work?

12. Can I replace my windows?

  • If the property is a listed building or within a conservation area, original and traditional designs of windows should be retained and repaired where possible. If windows are beyond repair, replacements should match the original window in design, style and materials. Historic England’s guidance on Traditional Windows is a useful guide to their care, repair and upgrading.
  • For Listed Buildings, applications for consent are likely to be needed for all replacement windows and doors. Even when you are considering replacing non historic windows or doors with something more appropriate to the period and design of your property it is still important to get advice from Herefordshire Council about whether consent is required before going ahead with the work. Routine maintenance and minor repairs which retain the sound material, operation and appearance to timber and metal frames will not usually need consent, however, it is a good idea to discuss your plans with the conservation officer at Herefordshire Council so that they can decide if you would need consent. 
  • The use of uPVC as a replacement material on a listed building or within a conservation area is never acceptable, as the proportions, appearance and reflective qualities have a visual harm to the character of the historic buildings. For similar reasons aluminium units tend not to be an acceptable alternative to timber, although are more likely to be  considered only on a case by case basis.
  • Historic window energy efficiency and sound proofing can be improved without the need for new units to be installed. Performance can be improved by the sympathetic installation of draught strips and secondary glazing. In replacements for modern windows it may sometimes be possible to consider 6-7mm replacement ‘ultra-slim’ double glazing or insulated glazing which can fit in the rebate of traditionally detailed windows. More detail is set out in the Leominster Conservation Area Management Plan This is currently in draft form, a copy can be requested from The Town Council.

13. What can or can’t I do to my property if it is in a conservation area?

  • The designation of a conservation area introduces controls over how owners can alter or develop any property, from private houses to commercial buildings. These include:-
    • The requirement for development proposals to preserve and/or enhance the area’s character and appearance, as set out in legislation as well as national and local policies;
    • Control over the alteration and redevelopment of unlisted buildings;
    • Control over works to trees;
    •  Fewer types of advertisements which can be displayed with deemed consent;
    •  Restrictions on the type of development which can be carried out without the need for planning permission (permitted development rights);
  • For advice on whether planning permission is required for works please contact Herefordshire Council’s Planning Department or submit a Planning Pre-Application Enquiry.
  • For properties within the Leominster Central Conservation Area, the Conservation Area Management Plan contains more detailed guidance. This is currently in draft form, a copy can be requested via contacting The Town Council.

14. How long does it take to get permission? When should I expect to start work?

  • It is difficult to answer this question, other than to say, it nearly always takes longer than you think from start to finish!
    • As well as allowing the published timescales for getting permissions, you need to factor in the time taken to prepare applications, including liaising with professional advisors/contractors, getting quotes/surveys, pricing the job etc.
    • There may also be liaison with Herefordshire Council if aspects of the application are unclear or require more detail.
    • You may also need to consult your neighbours and apply for licences.
    • There can also be lead in times for purchasing materials and waiting for availability from contractors.
  • All of these factors need to be built into your schedule. Our best advice is to allow a generous contingency of time and budget, as things so often take longer than expected.
  • You can speed things up by being as prepared as possible- research potential contractors and materials, write as detailed an application as possible and get as much advice as you can.

15. How do I find out if I need planning permission or listed building consent for work to my property?

  • Our guidance on the Leominster Heart and Heritage website is a good place to start. It will help you understand if your property is listed, and the kind of work which requires permission.
  • Remember, if your property isn’t listed, the work may still require planning permission, for example if you are proposing a change of use for all or part of the building.