Levelling-up and Regeneration Act 2023

104 Urgent works to listed buildings: occupied buildings and recovery of costs

(1) The Listed Buildings Act is amended as follows.

(2) In section 54 (urgent works to preserve listed buildings)—

(a) omit subsection (4);

(b) in subsection (5A), omit “in Wales”;

(c) after subsection (7) insert—

“(8) Section 6 of the Local Land Charges Act 1975 (general charge registrable pending specific charge) applies in relation to expenditure incurred in executing works under this section as if—

(a) the Commission and the Secretary of State were local authorities, and

(b) the giving of a notice under section 55 were the making of an order.”

(3) In section 55 (recovery of expenses of urgent works)—

(a) after subsection (2) insert—

“(2A) A notice given under subsection (2) in relation to a building in England is a local land charge.”;

(b) in subsection (5A)—

(i) after “Where” insert “the Secretary of State or”;

(ii) after “local authority” insert “or the Commission”;

(c) in subsection (5B)—

(i) for the words from “In” to “when the” substitute “As from the time when a”;

(ii) for “the Welsh Ministers may prescribe” substitute “may be prescribed”;

(d) after subsection (5B) insert—

“(5BA) An order under subsection (5B) may be made—

(a) by the Secretary of State, in relation to buildings in England;

(b) by the Welsh Ministers, in relation to buildings in Wales.”;

(e) in subsection (5C), for “that time” substitute “the time mentioned in subsection (5B)”;

(f) after subsection (5G) insert—

“(5H) If, after a notice is given under subsection (2) in relation to a building in England, there is a change in the owner of the building, a fresh notice may be given to the new owner at any time before the first notice becomes operative (and the provisions of this section apply again in relation to the fresh notice).

(5I) If a notice is given to the new owner under subsection (5H), the first notice referred to in that subsection ceases to have effect.”