Historic Environment (Wales) Act 2023

76 Duty to maintain and publish list of buildings E+W

(1) The Welsh Ministers must maintain a list of buildings which must include every building in Wales they consider to be of special architectural or historic interest, and must publish the up-to-date list.

(2) The Welsh Ministers may amend the list by—

(a) adding a building,

(b) removing a building, or

(c) amending the entry for a building.

(3) In considering whether a building should be included in the list, the Welsh Ministers may take into account not only the building itself but also—

(a) any way in which the exterior of the building contributes to the architectural or historic interest of any group of buildings of which it forms part, and

(b) the desirability of preserving any artificial feature of the building on the ground of its architectural or historic interest.

(4) In subsection (3)(b) “artificial feature” means any feature of the building consisting of a structure or artificial object that—

(a) is fixed to the building, or

(b) forms part of the land and is within the curtilage of the building.

(5) In this Act “listed building” means a building included in the list maintained under this section, and includes—

(a) any structure or artificial object‍ that is fixed to the building and ancillary to it;

(b) any other structure or artificial object that—

(i) forms part of the land and has done so since before l July 1948, and

(ii) was within the curtilage of the building, and ancillary to it, on the date on which the building was first included in the list, or on 1 January 1969, whichever was later.

(6) In this Part—

(a) “listing” a building means amending the list by adding the building;

(b) “de-listing” a building means amending the list by removing the building.

Commencement Information

I1 S. 76 not in force at Royal Assent, see s. 212(2)

I2 S. 76 in force at 4.11.2024 by S.I. 2024/860, art. 3(b)