Part I Listed Buildings
C1 Chapter II Authorisation of works affecting listed buildings
F1Buildings in England: certificates of lawfulness
Ss. 26H-26K and cross-heading inserted (25.4.2013 for specified purposes, 6.4.2014 in so far as not already in force) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 61, 103(1)(i)(3); S.I. 2014/416, art. 3(b)
C226HCertificate of lawfulness of proposed works
1
A person who wishes to ascertain whether proposed works for the alteration or extension of a listed building in England would be lawful may make an application to the local planning authority specifying the building and describing the works.
2
For the purposes of this section works would be lawful if they would not affect the character of the listed building as a building of special architectural or historic interest.
3
If on an application under this section the local planning authority are provided with information satisfying them that the works described in the application would be lawful at the time of the application, they must issue a certificate to that effect; and in any other case they must refuse the application.
4
A certificate under this section must—
a
specify the building to which it relates;
b
describe the works concerned;
c
give the reasons for determining that the works would be lawful; and
d
specify the date of issue of the certificate.
5
Works for which a certificate is issued under this section are to be conclusively presumed to be lawful, provided that—
a
they are carried out within 10 years beginning with the date of issue of the certificate, and
b
the certificate is not revoked under section 26I.
Chs. I, II (ss. 1-26) and IV (ss. 38-44) of Pt. I, ss. 54-56, 59-61, 66, 68-72, 74-76 and 88: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(b); S.I. 1993/2762, art.3.