Historical connections

Many works of art have been hung, nailed or otherwise displayed in houses for decades if not centuries. Most of their admirers will rarely think: "Is the work part of the building?" Yet that question may be hugely important.

A work of art that can be removed from its surroundings is usually much more valuable than one that can be sold only with the building in which it is displayed. The issue arises in private transactions, such as sales of the work of art or of the property or where the ownership of the land or the chattels is separate. It also arises when valuing estates for inheritance tax purposes or for the acceptance in lieu scheme.

There is also an increasingly important planning dimension. Removing a work of art that has become part of a listed building or a scheduled monument will usually constitute a criminal offence unless the local planning authority (LPA) has given its consent. Quite often, issues are raised when items appear in sales catalogues the major auction houses are aware of the need to investigate whether an object can be or has been lawfully removed for sale.

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