PART 3BUILDINGS OF SPECIAL ARCHITECTURAL OR HISTORIC INTEREST

CHAPTER 6GENERAL

Powers of entry

I1152Powers to enter land

1

A person authorised in writing by the Welsh Ministers may enter any land to survey a building on that land or on any other land in connection with a proposal to list or de-list the building.

2

A person authorised in writing by a planning authority may enter any land to survey a building on that land or on any other land in connection with a proposal to serve a temporary listing notice in relation to the building.

3

A person authorised in writing by a planning authority or the Welsh Ministers may enter any land to—

a

survey that land or any other land in connection with a proposal to make an order under section 107 (modification or revocation of listed building consent or conservation area consent),

b

survey that land or any other land in connection with a proposal to make an order under section 115 (termination of listed building partnership agreement or provision of agreement), or

c

assess whether an offence has been or is being committed under section 91(5), 117 or 118.

4

A person authorised in writing by a planning authority may enter any land to—

a

determine whether a temporary stop notice should be issued,

b

display a copy of a temporary stop notice in accordance with section 119, or

c

assess whether a temporary stop notice has been complied with.

5

A person authorised in writing by a planning authority or the Welsh Ministers may enter any land to—

a

survey that land or any other land in connection with a proposal to issue an enforcement notice,

b

assess whether an enforcement notice has been complied with,

c

assess whether a listed building on that land or any other land is being maintained in a proper state of repair,

d

survey that land or any other land in connection with a proposal to serve a repairs notice under section 138, or

e

assess whether a repairs notice has been complied with.

6

A person authorised in writing by a local authority or the Welsh Ministers may enter any land to—

a

determine whether works should be carried out under section 144 for the preservation of a building on that land or on any other land, or

b

carry out works under that section for the preservation of a building on that land or on any other land.

7

An authorised person may enter any land to survey it, or estimate its value, in connection with a claim for compensation payable by a planning authority or the Welsh Ministers under this Part in relation to that land or any other land.

8

In subsection (7) “authorised person” means—

a

an officer of the Valuation Office of His Majesty’s Revenue and Customs, or

b

a person authorised in writing by the planning authority or the Welsh Ministers (as the case may be).

9

A power to survey land under this section includes power to search and bore to determine the nature of the subsoil or the presence of minerals.