Building Preservation Notices and Certificates of Immunity
Building Preservation Notices (BPNs) are a tool for Local Planning Authorities (LPAs) concerned about an unlisted building which could have special architectural or historic interest, but which is at risk of demolition or development. A BPN protects a building for up to six months, and in this period, Historic England will carry out an assessment of the building and submit a report for the Secretary of State to consider whether to formally list the building.
On this page you’ll find advice for LPAs on how to consult with Historic England before serving a BPN, a change to the process which comes into force from 25 July 2024.
Certificates of Immunity (COI) are a useful planning tool which help to confirm whether the building will be listed. If granted by the Secretary of State, a certificate prevents a building from being listed or the local planning authority serving a (BPN) in relation to it, for a period of 5 years. It therefore offers clarity and certainty on whether the building meets the tests of special architectural or historic interest, which can help inform development proposals for a site.
On this page, you’ll find information about how the COI process works, and how we consult with individuals and groups who might have an interest in the building.
What is a Building Preservation Notice (BPN)?
A BPN is a form of temporary listing served by a local planning authority (LPA) under section 3 of the Planning (Listed Building and Conservation Areas) Act 1990. Changes to section 3 of this Act, which come into force on 25 July 2024, are explained below.
An LPA can serve a BPN to protect a building which it considers has special architectural or historic interest, but which is in danger of demolition or alteration in such a way as to affect its potential special architectural or historic interest. The BPN protects a building for up to six months and during this time, Historic England will carry out an assessment of the building and submit a report for the Secretary of State to consider whether to formally list the building.
Do we have to consult Historic England before serving a BPN?
From 25 July onwards, Local Planning Authorities are required to consult with Historic England before they serve a BPN. Historic England will provide a consultation response to assist the LPA in their consideration of serving a BPN.
As part of the consultation we may request additional information about the building or the potential threat. This process is intended to be swift, and we aim to provide our consultation response within 3 working days.
How do we consult with Historic England?
Local planning authorities (LPAs) must use our Listing Application Form to consult with us before serving a BPN. You can do this by selecting ‘Consult with Historic England on a BPN’. The form will ask for details of both the threat to the building, and the potential special architectural or historic interest.
Should a BPN be served following the consultation, please send a copy of the notice to us as confirmation that it has been served, along with any additional information about the building or the threat to it (we may request this as part of our consultation response). This should be sent to the relevant local team. This will ensure that the BPN is added to the National Heritage List for England (NHLE) and that the application is taken forward for a listing assessment.
How is a building protected during the BPN period?
A BPN is the only heritage protection tool which gives interim protection to a building. This means that whilst a building is being assessed for listing, it benefits from the same powers of protection that it would have if it were listed. This interim protection lasts until the Secretary of State for Culture, Media and Sport (DCMS) makes a decision whether or not to list the building – if the building is listed, it will benefit from the protection given to listed buildings, if the Secretary of State decides not to list then the interim protection comes to an end at the date of that decision.
If a building isn’t listed at the end of this process, there may still be other options to recognise and protect the special character of the building, such as through local heritage lists, which are administered by LPAs.
How should an LPA decide whether to serve a BPN?
A BPN can only be served where there is a threat to the building, for instance through risk of demolition or development which could affect the building’s special character, and it appears to the LPA that the building has the potential to be of special architectural or historic interest and could be listed by the Secretary of State. It is important to understand the criteria that the building will be assessed against.
The criteria the Secretary of State uses for assessing whether a building is of special architectural or historic interest and therefore should be added to the statutory list are set out in the Principles of Selection for Listed Buildings. Further guidance to help understand whether a building might be a potential candidate for listing can be found in our Listing Selection Guides, which explore the architecture, design and development of different types of heritage asset, and our guidance on Understanding Special Historic Interest in Listing.
Our LPA hasn’t served a BPN before, where do we start?
Historic England recently hosted a webinar for LPAs to understand the BPN process and the recent changes due to the implementation of the Levelling Up and Regeneration Act.
It may also be helpful to speak to other LPAs who might have recently used these powers.
If the building isn’t listed, will the LPA be liable for compensation?
Another change that came into force from 25 July 2024 is the right to claim compensation where a building subject to a BPN does not result in the Secretary of State formally listing the building. From 25 July 2024 should a BPN be served, the LPA is no longer liable to pay compensation for any losses incurred as a result of serving a BPN on a building which the Secretary of State decides not to formally list.
How can I find out if a building is subject to a BPN?
Once a BPN has been served, it will be published on the National Heritage List for England (NHLE), until it expires or until a decision is made to either add the building to the List or confirmation that the Secretary of State does not intend to do so (if this is made prior to expiry).
You can search for a BPN using the ‘advanced search’ function, selecting ‘Building Preservation Notice’ in the ‘Heritage Categories’ section.
We applied for a BPN before 25 July 2024, will the changes affect us?
The changes which come into force through the Levelling Up and Regeneration Act will not apply to any BPNs served before 25 July 2024.
The building was designed by architects Healing and Overbury for the Cheltenham & Gloucester Building Society HQ. The front of the building and attached reliefs were listed following the issuing of a BPN by the Local Planning Authority, Cheltenham Borough Council
View the list entry for Cheltenham House and attached Theme and Variations sculpture
The mill became a subject for artists and photographers exploring the picturesque scenery of the Lake District, including John Constable, who sketched the mill in pencil and watercolour during a visit in 1806.
The design of the lodge appears to have been influenced by the estate owner’s philanthropic beliefs as the size of rooms were much more generous than other contemporary lodges. The building was listed following an enquiry about a potential BPN from the Local Planning Authority, North Yorkshire Moors National Park Authority.
View the list entry for Saintoft Lodge, including associated garden shed, gate piers and railings
Manze's eel, pie and mash shops were established in the early 1900s by Michaele Manze, a native of Ravello in southern Italy whose parents had settled in Bermondsey in 1878. Manze’s was listed following the issuing of a BPN from the Local Planning Authority, the London Borough of Lewisham.
Visit the list entry for Manze's eel, pie and mash shop and outbuilding to rear
What is a Certificate of Immunity (COI)?
A COI is a certificate issued by the Secretary of State for Culture, Media and Sport, which confirms that they do not intend to list that building. The certificate is valid for a period of 5 years and also means that a local planning authority cannot serve a Building Preservation Notice in relation to the building during that period.
COIs are covered by legislation in the Planning (Listed Buildings and Conservation Areas) Act 1990 and further information is provided in the Principles of Selection for Listed Buildings (Department for Culture, Media and Sport, November 2018).
Does a COI prevent other types of designation?
No. The building, if not already designated as a scheduled monument may still be designated as such, and the building may still fall within other designations such as registered parks, gardens, and battlefields. The building may also be within an area currently, or proposed to be, designated as a conservation area. Conservation area designation or the inclusion of a building within a local list is undertaken by the local planning authority (LPA).
How do I apply for a COI?
You can apply for a Certificate of Immunity (COI) using our listing application form
How does the assessment work?
When we receive an application for a COI, we will carry out a full listing assessment, generally including an internal and external inspection of the building. Our Listing Process page explains the assessment process in more detail.
Once the assessment is complete, we'll make a recommendation to the Secretary of State for Culture, Media and Sport (DCMS). Our recommendation will usually be one of the following:
- The building should be listed, or
- A COI should be issued.
Usually, if the Secretary of State is satisfied that the building is of special architectural or historical interest, then the building is listed, and if not, a COI will be issued.
In some exceptional circumstances, the Secretary of State can opt to neither list the building nor issue a COI.
Will a COI always be granted, or could the process lead to a building being listed?
All COI applications involve an assessment of the building for listing. This means that the special architectural or historic interest of the building will often be examined through a site visit and thorough desk-based research. As part of the process, interested parties will have the opportunity to provide information about the building through the consultation process.
As a result of the listing assessment, we will make a recommendation to the Secretary of State, and this recommendation could be to list the building if it meets the criteria outlined in the Principles of Selection for Listed Buildings.
Do we consult as part of the COI process?
There is usually a 21-day consultation process when a building is assessed for a COI, to ensure any relevant additional information about the building is understood before we make a recommendation to the Secretary of State.
Interested parties who will have the opportunity to provide information about the building through the consultation process include:
- The owner
- The local planning authority/national park authority
- The Historic Environment Record Officer
- National amenity societies
- The applicant
- Other relevant or interested parties
If the building is at significant threat, then we will proceed without the benefit of consultation. In these circumstances the review process will still allow the opportunity to comment.
Is there an opportunity for review once a COI is issued?
If the Secretary of State is minded to grant a COI (meaning that their intention is to issue one), we will send out a letter on their behalf to all parties who were offered the opportunity to provide feedback during the consultation process. Once the letter has been sent to consultees, there is a period of 28 days in which to ask for this decision to be reviewed.
After this period, the Secretary of State will formalise their decision.
If the building is listed, there is a standard 28-day period for review.
Can I pay for my application to be fast-tracked?
Our Fast-Track Listing service provides clarity sooner. You can use it to apply for listing, or for a COI.
We offer a guaranteed timeframe, usually within 12 weeks, in which we will make our recommendation to the DCMS on whether or not a building should be listed, or a COI issued. This service does not provide a guaranteed timeframe for a decision to be returned by the DCMS.
For a full description of our Fast-Track Listing service, see the detailed description of our Enhanced Advisory Services.
Can COIs be renewed?
COIs last for five years. When there are less than two years left, you can apply to renew a COI. Renewal is not automatic; we will carry out a full assessment again to determine whether a further COI should be considered. It is possible for a COI to be renewed more than once.
The Secretary of State’s policy is not to accept applications for a subsequent COI for a building if the current one remains valid for two years or longer, and then, only if there is clear justification for doing so.
How do I know if a building is subject to a COI?
Once a COI has been served, it will be published on the National Heritage List for England (NHLE) until it expires. You can search for a COI using the ‘advanced search’ function, selecting ‘Certificate of Immunity’ in the ‘Heritage Categories’ section.
Information about expired COIs can be found on Heritage Gateway