The Government is currently consulting on draft regulations that will underpin the heritage elements of the Enterprise and Regulatory Reform Act 2013. The legislation aims to reduce the regulatory burdens faced by owners and developers while maintaining existing levels of protection for listed buildings. 

The Government is seeking views on three sets of draft regulations that are to accompany the heritage provisions set out in sections 60 and 61 of Part 5 and Schedule 16 of the Enterprise and Regulatory Reform Act 2013 (due to commence on 6 April 2014). 

The three sets of regulations contained in the consultation document prescribe procedures relating to Listed Building Heritage Partnership Agreements, Local Listed Building Consent Orders and Certificates of Lawfulness of Proposed Works, all of which aim to streamline the listed building consents process. 

Listed Building Heritage Partnership Agreements will provide a single consent mechanism through which a local authority, owner and any other interested party (such as an occupier or person involved in the management of the building) are able to agree specified works that can be carried out on a listed building over a period of time. Local Listed Building Consent Orders will allow local authorities to grant (via an order) general listed building consent for specified works carried out on certain listed buildings in their area. The order may grant consent subject to conditions. The proposed regulations prescribe the procedure that a local authority must follow before entering into a partnership agreement or issuing an order. 

Certificates of Lawfulness of Proposed Works will also reduce the need for listed building consent applications by allowing owners and developers to obtain formal confirmation that the works they propose to undertake will not require listed building consent. This will apply where the works do not affect the special architectural or historic interest of the building. The proposed regulations prescribe the application and appeals process associated with issuing these certificates. 

Finally, the consultation document invites comment on the proposed procedure for National Listed Building Consent Orders, for which regulations will be drafted at a later date.

The consultation closes on 27 January 2014.