Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997

Urgent preservation S

49 Urgent works to preserve unoccupied listed buildings. S

(1) A planning authority may execute any works which appear to them to be urgently necessary for the preservation of a listed building in their district.

(2) The Secretary of State may execute any works which appear to him to be urgently necessary for the preservation of a listed building.

(3) The works which may be executed under this section may consist of or include works for affording temporary support or shelter for the building [F1 and preventative works necessary to limit any deterioration of the building] .

(4) If the building is occupied works may be carried out only to those parts which are not in use.

(5) The owner of the building shall be given not less than 7 days’ notice in writing of the intention to carry out the works.

(6) The notice shall describe the works proposed to be carried out.

Textual Amendments

F1 Words in s. 49(3) added (1.12.2011) by Historic Environment (Amendment) (Scotland) Act 2011 (asp 3), ss. 25, 33(2); S.S.I. 2011/372, art. 2, sch.

50 Recovery of expenses of works under section 49. S

(1) This section has effect for enabling the expenses of works executed under section 49 to be recovered.

(2) The planning authority or, as the case may be, the Secretary of State may give notice to the owner of the building requiring him to pay the expenses of the works.

(3) Where the works consist of or include works for affording temporary support or shelter for the building—

(a) the expenses which may be recovered include any continuing expenses involved in making available the apparatus or materials used, and

(b) notices under subsection (2) in respect of any such continuing expenses may be given from time to time.

(4) The owner may within 28 days of the service of the notice represent to the Secretary of State—

(a) that some or all of the works were unnecessary for the preservation of the building,

(b) in the case of works for affording temporary support or shelter, that the temporary arrangements have continued for an unreasonable length of time, or

(c) that the amount specified in the notice is unreasonable or that the recovery of it would cause him hardship,

and the Secretary of State shall determine to what extent the representations are justified.

(5) The Secretary of State shall give notice of his determination, the reasons for it and the amount recoverable—

(a) to the owner of the building, and

(b) to the planning authority, if they carried out the works.

[F2 (6) Where a person to whom notice has been given under subsection (2) ceases, during the 28 day period mentioned in subsection (4), to be the owner of the building, a person may within 28 days of becoming the new owner of the building represent to the Scottish Ministers a matter mentioned in any of paragraphs (a) to (c) of subsection (4); and the Scottish Ministers shall determine to what extent the representations are justified.

(7) Subsection (5) applies to a determination under subsection (6) as it applies to a determination under subsection (4).]

Textual Amendments

F2 S. 50(6)(7) added (30.6.2011 for specified purposes, 1.12.2011 in so far as not already in force) by Historic Environment (Amendment) (Scotland) Act 2011 (asp 3), ss. 26(2), 33(2); S.S.I. 2011/174, art. 2, sch.; S.S.I. 2011/372, art. 2, sch.