Building Preservation Notices and Certificates of Immunity

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.

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.

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.

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.

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.

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.

Catch up on the webinar

It may also be helpful to speak to other LPAs who might have recently used these powers.

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.

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.

The changes which come into force through the Levelling Up and Regeneration Act will not apply to any BPNs served before 25 July 2024.

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).

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).

You can apply for a Certificate of Immunity (COI) using our listing application form

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.

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.

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.

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. 

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.

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.

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