How to Resolve Historic Property and Heritage Disputes

George Harrison October 2, 2025

Introduction

Owning or developing a historic property in England can be both rewarding and complex. From charming listed cottages in conservation villages to large estates and landmark buildings in central London, these properties carry cultural and architectural significance. However, with this heritage often comes layers of legal regulation and restrictions.

When disagreements arise, they can quickly escalate into costly disputes involving owners, local authorities, developers, and even national heritage bodies. This article explores the key types of historic property and heritage disputes, why they matter, and how they can be resolved effectively.

Understanding Historic Property and Heritage Protection

Historic and heritage properties are subject to multiple layers of protection under English law. The most common include:

Listed Building Status – Buildings of special architectural or historical interest are protected under the Planning (Listed Buildings and Conservation Areas) Act 1990. Alterations require listed building consent, and unauthorised works can be a criminal offence.
Conservation Areas – Local authorities designate these to preserve the character of areas of special historic or architectural interest. Even minor changes, such as replacing windows or demolishing walls, may require permission.
Scheduled Monuments – Archaeological sites and ancient structures are subject to strict controls under the Ancient Monuments and Archaeological Areas Act 1979.
Heritage Covenants and Private Restrictions – Historic estates often impose covenants to preserve character, design, or usage, creating additional layers of obligation between private parties.

These protections safeguard national heritage. However, they also create fertile ground for disputes when ownership rights, development ambitions, or financial considerations clash with legal restrictions.

Common Types of Heritage Property Disputes

There are various common types of heritage property disputes, including:

Unauthorised Alterations and Enforcement Actions

One of the most frequent sources of conflict arises when works are carried out without the required listed building consent.

Owners may not always realise that even relatively minor changes (such as replacing sash windows, painting a façade, or installing satellite dishes) could constitute a breach. Local authorities can issue enforcement notices compelling reinstatement, and in serious cases, owners may face criminal prosecution.

Disputes often centre on whether the works were unlawful, whether they have harmed the building’s character, and what remedial action is proportionate.

Disagreements over Planning and Consent

Securing permission for changes to historic properties can be challenging. Developers may argue that alterations are necessary for modern living or commercial use, while conservation officers may resist changes perceived as detrimental.

Typical areas of conflict include:

The extent to which modern interventions (glass extensions, solar panels, or accessibility adaptations) should be permitted;
Balancing energy efficiency measures with heritage preservation; and
Whether refusal of consent is reasonable or appealable.

Planning appeals, judicial review, or negotiated settlements may follow, with expert heritage reports playing a central role.

Covenant and Restrictive Use Disputes

Many historic estates and private developments impose covenants to control design and usage. For example, prohibiting certain colours of paint, banning extensions, or restricting business use.

Such covenants can cause neighbour disputes when owners seek to modernise or maximise property value. Litigation may focus on whether covenants remain enforceable, whether they have become obsolete, or whether the Upper Tribunal should modify or discharge them.

Boundary and Access Conflicts

Historic properties often sit on irregular or poorly documented plots, leading to disputes over boundaries, rights of way, or access.

Examples include shared driveways across listed estates, rights of access for maintenance, or encroachment by neighbouring developments into conservation areas. Given the value of historic land, such disputes can escalate into high-value litigation.

Heritage at Risk and Neglect

Where historic properties fall into disrepair, tensions may arise between owners and local authorities. Councils can serve Urgent Works Notices or Repairs Notices requiring remedial action, with the ultimate sanction being compulsory purchase.

Disputes often arise over whether notices are reasonable, what constitutes necessary repairs, and who should bear the costs. For private owners (particularly those with limited resources) these battles can be financially and emotionally draining.

Development of Historic Settings

Even if a listed building itself is untouched, disputes often arise about developments nearby that affect its setting. Developers may wish to build in close proximity, while heritage groups argue that the new scheme undermines the character and significance of the historic site.

Judicial reviews of planning permissions, public inquiries, and challenges to Environmental Impact Assessments are common in these cases.

Legal Framework and Remedies

Enforcement by Local Authorities	Local authorities play a central role in policing heritage obligations. They may issue: • Enforcement Notices (requiring unauthorised works to be reversed); • Stop Notices (halting ongoing works); and • Urgent Works Notices (requiring immediate repairs to safeguard a listed building). Challenging these notices often requires swift legal intervention and expert evidence on the property’s condition and significance.
Civil Litigation	Private disputes (such as covenant enforcement or neighbour disagreements) are usually dealt with in the civil courts or tribunals. Remedies may include: • Injunctions to prevent or reverse unauthorised changes; • Damages where financial loss can be quantified; and • Applications to the Upper Tribunal to modify or discharge restrictive covenants.
Judicial Review and Appeals	Where local authority or government decisions are challenged, judicial review may be the appropriate route. This is common in planning and consent disputes. Specialist heritage barristers and expert witnesses often play a decisive role in these proceedings.

Resolving Heritage Disputes Outside Court

While many heritage disputes end up in litigation, parties increasingly explore alternative dispute resolution (ADR) to save costs and preserve relationships.

Mediation is particularly effective where neighbours or community groups are involved.

Expert Determination can help resolve technical questions such as the impact of alterations.

Negotiated Settlements allow developers and councils to agree conditions (such as heritage mitigation measures) to avoid prolonged disputes.

The choice of resolution method depends on the urgency, financial stakes, and willingness of parties to compromise.

Financial and Commercial Implications

Historic property disputes are rarely only about aesthetics, they often involve serious financial consequences.

These can include:

Loss of property value if alterations must be undone or developments halted;
Litigation costs running into hundreds of thousands of pounds in high-profile disputes;
Reputational damage for developers or investors associated with unlawful works or neglect; and
Opportunities for leverage, for example, neighbours objecting to works may use legal rights strategically to secure financial settlement.

For investors, developers, and high-net-worth individuals, these disputes can directly affect project viability and return on investment.

Practical Steps for Owners and Developers

To minimise risk and protect value, parties dealing with historic property should:

Conduct thorough due diligence before purchasing, including checking listing status, conservation designations, and restrictive covenants.
Engage with local authorities early when planning alterations or developments.
Obtain expert heritage and planning advice to support applications or appeals.
Maintain the property responsibly to avoid enforcement action for neglect.
Consider ADR as an alternative to litigation, especially for neighbour or covenant disputes.

Why Specialist Legal Advice Matters

Heritage and historic property disputes are legally complex, emotionally charged, and financially significant. They require a combination of property law expertise, planning knowledge, and practical negotiation skills.

The right legal strategy can mean the difference between preserving a property’s value and suffering irreparable loss.

Conclusion & How We Can Help

Historic property and heritage disputes can be highly complex. Cases often involve overlapping issues of planning law, property law, and local authority powers, together with the interests of neighbours, community groups, and conservation bodies. Whether the dispute relates to unauthorised works on a listed building, refusal of planning or listed building consent, restrictive covenants, boundary disagreements, or compulsory repair notices, owners and developers must be ready to respond with careful preparation, expert evidence, and a clear strategy. These disputes can be time-consuming, stressful, and financially significant, as well as having a lasting impact on property value and your reputation.

Our specialist dispute resolution team has extensive experience in assisting clients with property matters. We can advise on the strength of a claim or enforcement action, prepare both substantive and procedural defences, and represent clients in negotiations, mediations, tribunals, and court proceedings. We also provide proactive support by reviewing proposed works, applications, and contractual arrangements to help minimise the risk of future disputes.

If you require support with a historic property or heritage dispute, we offer a no-cost, no-obligation 20-minute introductory call as a starting point. Alternatively, if you prefer more detailed initial guidance, we can provide a one-hour fixed fee appointment (charged from £250 plus VAT to £350 plus VAT* depending on the complexity of the issues and the seniority of the fee earner).

Please email wewillhelp@jonathanlea.net providing us with any relevant information so that our call can be as productive as possible, or call us on 01444 708 640. Following this call, we will then email you a scope of work, fee estimate (or fixed fee quote where possible), and confirmation of the next steps.

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This article is intended for general information only, applies to the law at the time of publication, is not specific to the facts of your case and is not intended to be a replacement for legal advice. It is recommended that specific professional advice is sought before relying on any of the information given. © Jonathan Lea Limited.