Historic Environment (Wales) Act 2016

31 Preservation of listed buildings in disrepair

(1) After section 56 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (c.9) insert—

“Further provision about preservation

56A Preservation of listed buildings in disrepair

(1) The Welsh Ministers may by regulations make provision about further steps that may be taken by local authorities or the Welsh Ministers to secure the proper preservation of listed buildings in Wales which have fallen into disrepair, and about connected matters.

(2) Regulations under this section may, among other things, make provision for—

(a) the service of a notice (a “preservation notice”) on the owner of a listed building in Wales which has fallen into disrepair, specifying—

(i) the works which the owner must execute to secure the proper preservation of the building; and

(ii) the time by which such works must be executed;

(b) appeals against preservation notices;

(c) offences for failure to comply with preservation notices;

(d) appeals in respect of such offences.

(3) Regulations under this section may disapply, or apply or reproduce with or without modifications, any provision of this Act.

(4) Regulations under this section may amend this Act.”

(2) In section 82A of that Act (application to the Crown), in subsection (2), after paragraph (h) insert—

“(ha) section 56A;”.

(3) In section 88 of that Act (rights of entry), in subsection (2)—

(a) in paragraph (a), after “55,” insert “56A,”, and

(b) in paragraph (c), after “section 9, 11, 26J or 43” insert “or under regulations made under section 56A”.

(4) In Schedule 7 to the Regulatory Enforcement and Sanctions Act 2008 (c.13) (power under specified enactments to include power to make provision for civil sanctions) at the appropriate place insert—

• “Planning (Listed Buildings and Conservation Areas) Act 1990 (c.9), section 56A”.