Architectural conservation N

Local authorities work to preserve and raise awareness of the historic built environment. Local authorities have Architectural Conservation Officers who are key to ensuring the protection, conservation and reuse of our historic structures, in raising awareness of best practice and developing policies in line with national policy and legislation.

Role of the local authority in architectural conservation

Local Authorities have a statutory role under the Planning and Development Act, 2000 (as amended) under Part IV of the Act in relation to the protection, enhancement and adaptive reuse of protected structures and buildings within Architectural Conservation Areas (ACAs).

By providing advice and funding, the local authorities architectural conservation section can support owners/occupiers of protected structures and who own buildings within ACAs in the continued maintenance of their properties.

The role of the local authority architectural conservation section includes:

Preparing a Record of Protected Structures (RPS) including buildings and structures in the county or city that are considered to be of merit
Designating Architectural Conservation Areas (ACAs) to protect and conserve the character and appearance of particular areas, streets, townscapes or groups of buildings
Identifying, evaluating and providing advice on structures, groups of structures, areas and other features of architectural heritage significance, with a view to making recommendations regarding their inclusion in a Record of Protected Structures and on development objectives
Preparing conservation reports in relation to planning applications relating to protected structures and development within Architectural Conservation Areas and preparing Section 5 Declarations
Monitoring the state of repair of structures included in a Record of Protected Structures, and, if necessary, making recommendations on the need, if any, for the planning authority to take enforcement action
Liaising with other local authority departments, state agencies, and voluntary bodies and European organisations in relation to architectural conservation
Advising on national and european legislation and regulations and contributing to the development of a conservation policy for inclusion in the local authority’s development plan.
Monitoring sources of funding for architectural conservation and preparing applications for funding
Providing advice to owners and occupiers of structures included on a Record of Protected Structures on good practice in the conservation of such structures and on the availability of assistance including financial assistance, for conservation
Assessing structures included on a Record of Protected Structures with a view to issuing a Section 57 declarations as to works that require planning permission
Advising in relation to energy efficiency works and adaptive reuse of protected structures and buildings within ACAs in accordance with climate change objectives and national policy.

Both the Record of Protected Structures and the Architectural Conservation Area Register are set out in the local authority’s development plan [internal link].

Record of Protected Structures (RPS)

The Record of Protected Structures is a list of all protected structures and buildings in the local authority area. You may sometimes hear the term ‘listed building’ used to describe a building that is on the record of protected structures.

Any building or structure included on the Record of Protected Structures is considered of architectural, historical, archaeological, artistic, cultural, social, scientific, or technical importance and particular rules apply to development or changes to the building.

How buildings are included on the RPS

Local authorities consider structures to be added or removed from the RPS during the Development Plan process. It is a reserved function of the elected members to agree on any additions or deletions to the RPS list.

Details of proposed additions to the RPS must be displayed to the public for at least six weeks, during which time anyone can comment on the proposed list. These comments must be considered when finalising the list for the RPS.

The local authority must make their final decision to list a structure in the RPS within 12 weeks of the end of the display period. The owner and occupier of the structure must be notified that it will be included in the RPS within two weeks of making the decision.

Owning or occupying a protected structure

Owners and occupiers of protected structures have a legal obligation and duty of care to ensure it remains in good condition and does not become endangered through damage or neglect.

Because the building is protected, changes must not be made to the structure without first going through the correct planning process. You should contact the planning or architectural conservation section in your local authority for more information.

If you own or occupy a protected structure, you can apply to the local authority for a ‘Section 57’ declaration which will let you know the types of work the local authority considers would or would not materially affect the character of the structure – you will then know what is considered an exempted development and what would require planning permission. The declaration must be provided withing 12 weeks of receiving the request. If you disagree with the declaration, you can appeal to An Bord Pleanála.

If a structure is included on the RPS, protection is applied to:

Both the exterior and interior of the structure
Surrounding land and curtilage (curtilage is any land or buildings that immediately surround the structure and are closely associated with it, within the one enclosure)
Any other structures on the land and their interiors
All fixtures and features of these structures
Carrying out work on a protected structure
Any work carried out on a protected structure that would materially affect its character requires planning permission. This can include any work done on the interior of the structure such as painting.

Find out more about applying for planning permission [internal link].

Endangering a protected structure

If the structure is not well maintained and becomes endangered through neglect, decay, damage or harm, the local authority can serve a notice to the owner or occupier to carry out works to protect the structure or for the ‘restoration of character’. This could mean removing or replacing parts of the structure or anything that was added or changed without permission.

If you own or occupy a protected structure and you have been served a notice by the local authority to carry out works, you can make a written representation to the local authority requesting more time or financial support. Advice can be sought from the Local Authority Architectural Conservation Officer . Tis will be taken into consideration when the local authority makes a final decision on the issue. If you are not happy with the final decision, you can appeal to the district court within two weeks of the last response from the local authority.

Failing to protect or causing harm to a protected structure is an offence under the Planning and Development Act 2000. If an owner or occupier is found guilty of endangering a protected structure or failing to carry out works as directed by the local authority, penalties include:

Penalties of up to €12.7 million and/or
Up to two years in prison

Architectural Conservation Areas

An Architectural Conservation Area (ACA) is an area that is considered of architectural, historical, archaeological, artistic, cultural, social, scientific, or technical importance, or important to the surrounding environment of a protected structure. ACAs can be groups of buildings within a town, village or city, or an entire town centre could be designated an ACA.

The local authority’s development plan sets out the Architectural Conservation Areas in the city or county and includes details on how the character of ACAs will be preserved.

Changes to buildings in an ACA

Any works carried out in an ACA that will affect the special character of the area will require planning permission. This can include changes to the external appearance of structures such as the roof or windows, boundary walls, and any new construction of feature added to the exterior.

To find out what type of works require planning permission for a structure located in an ACA, you can apply to your local authority for a declaration under Section 5 of the Planning and Development Act 2000. This declaration will list what works can be carried out without affecting the special character of the area and do not require planning permission. If the work you plan to do could alter the character of the area, you will need to apply for planning permission. Find out more about applying for planning permission [internal link].

For more information on ACAs, contact your local authority’s architectural conservation section.