3 Temporary listing [F1in England]: building preservation notices. E+W
(1)[F2If it appears to a local planning authority in England who are not a county planning authority] that a building in their area which is not a listed building—
(a)is of special architectural or historic interest; and
(b)is in danger of demolition or of alteration in such a way as to affect its character as a building of such interest,
they may serve on the owner and occupier of the building a notice (in this Act referred to as a “building preservation notice”).
[F3(1A)Before serving a building preservation notice under this section, the local planning authority must consult with the Commission.
(1B)Subsection (1A) does not apply where the Commission proposes to serve a building preservation notice under this section (see subsection (8)).]
(2)A building preservation notice served by a local planning authority [F4under this section] shall—
(a)state that the building appears to them to be of special architectural or historic interest and that they have requested the Secretary of State to consider including it in a list compiled or approved under section 1; and
(b)explain the effect of subsections (3) to (5) and Schedule 2.
(3)A building preservation notice [F5under this section] —
(a)shall come into force as soon as it has been served on both the owner and occupier of the building to which it relates; and
(b)subject to subsection (4), shall remain in force for six months from the date when it is served or, as the case may be, last served.
(4)A building preservation notice [F6under this section] shall cease to be in force if the Secretary of State—
(a)includes the building in a list compiled or approved under section 1, or
(b)notifies the local planning authority in writing that he does not intend to do so.
(5)While a building preservation notice [F7under this section] is in force with respect to a building, the provisions of this Act (other than section 59) and the principal Act shall have effect in relation to the building as if it were a listed building.
(6)If, following the service of a building preservation notice [F8under this section] , the Secretary of State notifies the local planning authority that he does not propose to include the building in a list compiled or approved under section 1, the authority shall immediately give notice of that decision to the owner and occupier of the building.
(7)Following such a notification by the Secretary of State no further building preservation notice in respect of the building shall be served by the local planning authority within the period of 12 months beginning with the date of the notification.
(8)The Commission shall, as respects any London borough, have concurrently with the council of that borough the functions of a local planning authority under this section; and references to the local planning authority shall be construed accordingly.
Textual Amendments
F1Words in s. 3 heading inserted (31.5.2017) by Historic Environment (Wales) Act 2016 (anaw 4), ss. 25(2), 41(3); S.I. 2017/633, art. 4(b) (with art. 6(3))
F2Words in s. 3(1) substituted (31.5.2017) by Historic Environment (Wales) Act 2016 (anaw 4), ss. 25(1), 41(3); S.I. 2017/633, art. 4(b) (with art. 6(3))
F3S. 3(1A)(1B) inserted (25.7.2024) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 105(2), 255(3)(b) (with s. 247); S.I. 2024/452, reg. 4
F4Words in s. 3(2) inserted (31.5.2017) by Historic Environment (Wales) Act 2016 (anaw 4), ss. 26(4)(a), 41(3); S.I. 2017/633, art. 4(c) (with art. 6(3))
F5Words in s. 3(3) inserted (31.5.2017) by Historic Environment (Wales) Act 2016 (anaw 4), ss. 26(4)(b), 41(3); S.I. 2017/633, art. 4(c) (with art. 6(3))
F6Words in s. 3(4) inserted (31.5.2017) by Historic Environment (Wales) Act 2016 (anaw 4), ss. 26(4)(c), 41(3); S.I. 2017/633, art. 4(c) (with art. 6(3))
F7Words in s. 3(5) inserted (31.5.2017) by Historic Environment (Wales) Act 2016 (anaw 4), ss. 26(4)(d), 41(3); S.I. 2017/633, art. 4(c) (with art. 6(3))
F8Words in s. 3(6) inserted (31.5.2017) by Historic Environment (Wales) Act 2016 (anaw 4), ss. 26(4)(e), 41(3); S.I. 2017/633, art. 4(c) (with art. 6(3))
Modifications etc. (not altering text)
C1Ss. 1(3)(5)(6), 3–5 modified by S.I. 1990/1519, reg. 13(1)
C2S. 3 applied (Isles of Scilly) (with modifications) (2.10.2013) by The Town and Country Planning (Isles of Scilly) Order 2013 (S.I. 2013/2148), arts. 1(1), 3, Sch. 1 (with art. 1(2))
C3S. 3(1): functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1 Table A23