LISTED BUILDINGS AND CURTILAGE
A Historic England Advice note
Introduction
There can be misunderstandings as to what is covered by listing and what curtilage means in
particular. This Historic England advice note gives examples to assist in understanding curtilage.
Curtilage can be defined, for the purposes of the listed building legislation, as an area of land around
a listed building within which other buildings - pre-dating July 1948 - may potentially be considered
listed. Not all buildings will have a curtilage. With those that do there will be cases where the extent of
the curtilage will be clear (such as a garden boundary) but in others it may not be as clear - each case
will always be a question of fact and degree. A decision-taker may take the following factors into
account in assessing the matter:
i)
the physical layout of the listed building and the building;
ii)
their ownership, past and present; and
iii)
their use or function past and present - specifically whether the building was ancillary
to (i.e. subordinate to and dependent on) the purposes of the listed building at the
date of listing.
A summary of the legal position on curtilage is given in the Historic England Heritage Protection Guide
under Listing - https://historicengland.org.uk/advice/hpg/has/listed-buildings/.
The following hypothetical examples are not intended to replace consideration of the actual
circumstances in particular cases but they do outline how curtilage can be understood, particularly in
the kind of cases on which Historic England is commonly consulted.
Historic England can reappraise the listing status of buildings, where the buildings in question are
particularly complex such as large multi-building sites, industrial buildings, hospitals and so forth. A
re-appraised listing should set out clearly and with certainty what is intended to be protected by the
listing and exclude those parts of the site which do not merit protection. This would provide further
clarity for those managing the buildings and help the local authority to determine which proposals
require listed building consent and which do not.
We also now provide Enhanced Advisory Services - see https://historicengland.org.uk/servicesskills/our-planning-services/enhanced-advisory-services/listing-enhancement/.
The plans are indicative only.
CURTILAGE EXAMPLES
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Domestic
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House (Grade II) with former coach house and stable
House and detached former coach house and stable used as garages and for storage standing in large
garden, the latter sixty metres away from the house off the back drive.
Q: Are the former coach house and stable within the curtilage of the listed house and should they
therefore be treated as listed?
•
•
•
•
•
Date of listing of principal building: house listed in 1970s
Physical layout: see plan. The detached former coach house and stable stand within
the large garden
Date of buildings: late C17 house with C18 stable, extended to provide a coach house
in the early C19. The stable and coach house now provide garaging and storage for
the listed house
Past and present ownership: all the buildings have always been in the same
ownership as the listed house
Current and previous uses of the land and buildings: the former coach house and
stables have uses ancillary to the listed house
A: The large garden forms the curtilage in which the listed house stands. The former coach
house and stable date from before 1948 and both remain in the same ownership as the main
listed building. They each continue to be in uses subordinate to and dependent on the
domestic use of the listed house and have been in such uses since before 1948. Both buildings
thus fall within the definition of a listed building and are protected. The former coach house
and stable form part of the listed building.
2
House (Grade II) with detached cottage in its garden
Single detached cottage in garden of detached listed house.
2
Q: Is the cottage within the curtilage of the listed house and should it therefore be treated as
listed?
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•
•
•
•
Date of listing of principal building: 1980s
Physical layout: see plan
Date of buildings: house dates from the early C17, the cottage from the late C18
Past and present ownership: cottage, used by the gardener/domestic staff to the
main house, has always been in the same ownership as the listed house
Current and previous uses of the land and buildings: cottage currently is and appears
always to have been occupied by staff employed by the owner of the listed house and
therefore ancillary to it
A: The cottage has always been ancillary to the listed house, is within its garden (i.e. in its
curtilage) and thus falls within the definition of a listed building. Cottage forms part of the
listed building.
3
House (grade II) with detached cottage in separate garden and no longer in same
ownership
Single detached cottage which was once part of the garden of the detached listed house.
Q: Is the cottage within the curtilage of the listed house and should it therefore be treated as
listed?
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•
•
•
•
Date of listing of principal building: 1980s
Physical layout: see plan
Date of buildings: house dates from the early C17 and the cottage from the late C18
Past and present ownership: cottage formerly in the ownership of the listed house
and used by the gardener to the main house but sold off in the 1970s
Current and previous uses of the land and buildings: cottage was formerly occupied
by the gardener employed by the owner of the listed house but is now separately
owned. The relationship to the listed house has been severed and its purpose is
therefore no longer ancillary to the main house
3
A: At the date of listing the cottage was no longer in the same ownership nor had it an ancillary
function connected with the listed house. It should not therefore be treated as protected.
Cottage not part of the listed building.
4
Terraced house (Grade II) with detached terraced mews building behind
Terraced house, listed Grade II, with a subsidiary terraced mews buildings at the end of its garden.
Although some of the adjacent mews buildings are in separate ownership from the front terraced
houses, this one is in the same ownership.
Q: Is the mews building within the curtilage of the listed house and should it therefore be treated
as listed?
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•
•
•
•
Date of listing of principal building: 1970s
Physical layout: see plan
Date of building: 1822-28, both terrace and mews
Past and present ownership: the mews house is in the same ownership as the listed
front building
Current and previous uses of the land and buildings: domestic accommodation
related to listed house; current use as a granny annexe
4
A: The mews building predates 1948, it is within the same ownership as the listed terraced
house and it continues to be used for purposes ancillary to the listed house. It is therefore
listed. However, had the mews building been sold off prior to listing, it would not be listed.
5
Country house (Grade II*) with stable block and two lodges
The listed house is a large, handsome, stone building, standing well on rising ground. The stable block
is set back a distance of two hundred metres behind the house and is used partly as stables and
partly as garaging. Lodges stand at the entrances to the front and back drives.
Q: Are the stable block and lodges within the curtilage of the listed house and should they
therefore be treated as listed?
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•
•
•
•
Date of listing of principal building: Mid-1970s
Physical layout: see plan. Due to the layout of the park, the lodge on the back drive is
two and a half miles from the main house.
Date of buildings: house C16-C19, stable block, C18 and lodges later C19.
Past and present ownership: all are within the same ownership
Current and previous uses of the land and buildings: the buildings are all in variations
of their original uses (e.g. the lodges are used as ancillary accommodation to the
main house). The stables are used partly as stables and partly as garaging by the
owners of the main house
5
A: The curtilage is not easy to define here because the park is large. However, all the buildings
are ancillary in use to the main, listed, house, including the further lodge, though that is at
some distance from the listed house. Because of this, it would appear that all the buildings
should be treated as listed. Curtilage is not always a small area; it is always a matter of fact and
degree.
FARMSTEADS
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Farmhouse (Grade II) with two detached farm buildings
Stone-built farmhouse with two detached farm buildings; one a small barn, the other a stable block,
both in agricultural use.
Q: Are the farm buildings within the curtilage of the listed house and should they therefore be
treated as listed?
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•
•
•
•
Date of listing of principal building: 1980s
Physical layout: see plan. The farmhouse stands in its own garden
Date of buildings: early C18 farmhouse and farm buildings
Past and present ownership: both have always been in the same ownership
Current and previous uses of the land and buildings: the farmhouse is in residential
use, with a small office for farm management on the ground floor; the farm buildings
are in agricultural use, with the stables being used to store tractors
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A: The farmhouse is in domestic use and the farm buildings are in agricultural use. The farm
buildings therefore have uses independent of the farmhouse and should not therefore be
treated as listed. Farm buildings not listed.
The issues in a case of a similar kind were considered in the High Court in R v Taunton Deane
Borough Council (2008) All ER (D) (Oct). See Annex 1 for a report of this case.
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Farmhouse (Grade II) with various detached farm buildings
Farmhouse standing in its own garden, with a granary and a small domestic stable building adjacent.
The main farmyard is to the east with a barn, various outhouses and open-fronted cart sheds around
a rectangular yard. A Dutch barn and a stable building originally for farm horses are set to the south of
the yard, and two large Atcost-type sheds beyond the yard to the east.
Q: Are the farm buildings, both those in uses ancillary to the farmhouse and those in agricultural
use, within the curtilage of the listed house and should they therefore be treated as listed?
•
•
•
•
•
Date of listing of principal building: 1970s
Physical layout: see plan. The garden of the farmhouse, which is separated by a wall
from the yard, also encloses the small stable building and the granary
Date of buildings: early C19 farmhouse with farm buildings of similar date. All
buildings have been altered as uses have changed and the two Atcost sheds were
erected in the 1990s
Past and present ownership: the buildings are all in the ownership of the farm and
have been since the nineteenth century, at least
Current and previous uses of the land and buildings: the farmhouse is in domestic
use, with one small room used as an office from which the agricultural business is
managed. The rest of the historic farm buildings are in various kinds of agricultural
uses, except for the granary and stable adjacent to the house, which are in use
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ancillary to the domestic use of the house. The Atcost sheds are also in agricultural
use
A: The farmhouse is in domestic use, as are the granary and the stable building adjoining. The
rest are in agricultural use and clearly outside the boundary of the garden of the farmhouse.
The granary and stables adjacent to the house are listed because they are in uses ancillary to
the listed house; the other farm buildings are not listed.
8
Listed former farmhouse (Grade II) separated by road from farm buildings
Listed farmhouse, now no longer related to the farm buildings in use or ownership, standing on the
west side of the lane down to the farm, with a 1990s detached garage building alongside, and with a
variety of farm buildings on the other side of the lane.
Q: Are the farm buildings within the curtilage of the listed house and should they therefore be
treated as listed?
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•
•
•
•
Date of listing of principal building: 2000s
Physical layout: see plan
Date of buildings: medieval farmhouse with 1990s detached garage; C18 and later
farm buildings
Past and present ownership: farmhouse and garage were sold away from the farm in
the late 1990s. The farm buildings are all in the ownership of the farm and have been
since the nineteenth century, at least
Current and previous uses of the land and buildings: the farmhouse is in domestic
use, and the garage is ancillary to the farmhouse. The rest of the farm buildings are in
various kinds of agricultural uses
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A: The farm buildings are neither in the same ownership as the farmhouse, nor are their uses
ancillary to the wholly domestic use of the former farmhouse. The garage was built in the 1990s
and therefore should not be treated as listed. Both farm buildings and garage are not listed.
COMMERCIAL AND INDUSTRIAL PREMISES
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Domestic house (Grade II) with detached workshop building in rear yard/garden
Early C18 house with single-storey former forge building in rear yard/garden.
Q: Is the former forge building within the curtilage of the listed house and should it therefore be
treated as listed?
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•
•
•
•
Date of listing of principal building: 1980s
Physical layout: see plan
Date of buildings: early C18 house with early C19 forge in garden
Past and present ownership: the house and forge building seem to have always been
in the same ownership
Current and previous uses of the land and buildings: house used as residential
building, with forge in light industrial use until it closed in 1974, since when it has
been used as storage for the house
A: The former forge building has been in a different use from the house for most of its life but
its use was ancillary to the house at the date of listing, so it should be treated as protected (if it
had been used as a forge when listed it would not be so protected). Forge building forms part of
listed building.
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10
Public house (Grade II) with detached stable building
Early C16 in origin, with a mid-C18 former stable now used as a games room and accommodation by
the public house.
Q: Is the former stable building within the curtilage of the listed house and should it therefore be
treated as listed?
•
•
•
•
•
Date of listing of principal building: 1980s
Physical layout: see plan
Date of buildings: early C16 pub and mid-C18 former stable, the latter in ancillary use
since before 1948
Past and present ownership: the former stable is in the same ownership as the public
house
Current and previous uses of the land and buildings: public house with former stable
building ancillary to the public house, the latter now used as games room and for
accommodation by the public house
Decision: The stable building has always had a functional relationship with the public house
and should therefore be treated as listed. Former stable forms part of the listed building.
10
Curtilage and farm buildings – from Conservation Bulletin, 61, 2009, p 46
https://content.historicengland.org.uk/images-books/publications/conservation-bulletin61/newsnmrlegalnewpublicationspp42-48.pdf/
Mike Harlow, Corporate Secretary, English Heritage
When the Heritage Protection Bill eventually becomes law, we will be able to list buildings with
certainty. We will be able to draw a line around what is listed and say: ‘That’s your lot.’ But until then,
and even after then for existing and unrevised list entries, there will always be a question mark over
what has been given listed status.
While the list entry might be perfectly clear that ‘Barleymow House’ is a Grade II farmhouse,
protection does not necessarily end there. The law says that objects or structures fixed to the house,
or fixed to the land and within its curtilage since before 1948, are to be treated as listed as well. This
does not mean that those other buildings and structures necessarily hold any special interest, but if
they do, works affecting that special interest will require consent.
For attached structures to be protected their function must be ancillary to the principal building.
For attached structures to be protected their function must be ancillary to the principal building,
otherwise listing a terraced house would bring listed status to the remainder in the row.
The extent of curtilage is a relatively vague concept and has received considerable judicial attention
over the years. In the Calderdale case (1982) 46 PCR 399, the courts suggested that there were three
key factors in deciding the extent of the curtilage: the physical layout; ownership, past and present;
and, use and function, past and present.
Reading those rules alone is unlikely to give anyone a real feel for the concept without seeing their
application to common circumstances. One such common situation is a listed farmhouse and
neighbouring (but not attached or separately listed) farm buildings.
In R v Taunton Deane Borough Council (2008) All ER (D) (Oct), the high court examined Jews
Farmhouse (Grade II) near Wiveliscombe in Somerset and its nearby Mill Barn (not separately listed
but pre-1948). The physical layout and ownership past and present were factors in this case and may
distinguish it from other farm situations, but the key point of interest was the way the judge
approached function and use.
Mill Barn was being used as a farm building at the date of listing. The farmhouse was used as a house
and the hub from which the agricultural business of the farm was being conducted. Everyone agreed
that the curtilage could not extend to the outer limit of the fields of the farm, so where was it?
Logically it must be either around the collection of farm buildings at the heart of the farm, giving Mill
Barn listed status, or be more immediate to the farmhouse and thereby excluding the working farm
buildings.
The judge rejected the argument that the farmhouse and Mill Barn were functionally so close that the
curtilage should be drawn around all the farm buildings at the heart of the farm. He accepted that the
farm was being run from the farmhouse at the date of listing, but did not believe the whole of the farm
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and all of the agricultural buildings could be sensibly regarded as being within the curtilage of the
farmhouse on that account.
The primary use of the farmhouse was as a house. The primary use of Mill Barn was agricultural
business. It was not being used, for example, to garage the farmer’s car, to store his domestic items,
as a children’s playroom or staff quarters etc.
So Mill Barn was outside the curtilage and not listed.
The primary use of the farmhouse was as a house. The primary use of Mill Barn was agricultural
business. So Mill Barn was outside the curtilage and not listed.
Although the layout of the buildings, their distance apart and the existence of physical boundaries
between them were also factors in this decision, it is hard to see why this functional distinction would
not weigh heavily in all farm cases, even where the buildings were very much closer and no
boundaries between them existed. In this case it could also be argued that nondomestic agricultural
buildings attached to a farmhouse are not protected by listing either.
Of course each case depends on its facts, which is the most unhelpful phrase a lawyer can ever utter.
The obvious advice is: if in doubt, the owner and local planning authority should speak. Hopefully
together a clear view can be formed and unnecessary applications and illegal works can be avoided.
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