Historic Environment (Wales) Act 2023

138 Requirement to serve repairs notice before starting compulsory acquisition E+W

(1) An acquiring authority may not start the compulsory acquisition of a listed building under section 137 unless—

(a) the authority has served a repairs notice on every owner of the building,

(b) the 2 months beginning with the day the repairs notice was served have ended, and

(c) the repairs notice has not been withdrawn.

(2) A repairs notice is a notice—

(a) specifying the works the authority considers reasonably necessary for the proper preservation of the listed building, and

(b) explaining the effect of sections 137 to 141 of this Act and section 49 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9) (assumption about listed building consent when assessing compensation for compulsory acquisition).

(3) If—

(a) a listed building is demolished after a repairs notice has been served in respect of it, but

(b) the Welsh Ministers are satisfied that they would have confirmed or made a compulsory purchase order in respect of the building had it not been demolished,

the demolition of the building does not prevent the compulsory acquisition of the site of the building under section 137.

(4) An acquiring authority may at any time withdraw a repairs notice it has served on any person; and if it does do so, it must immediately give the person notice of the withdrawal.

(5) For the purposes of subsection (1) an acquiring authority starts a compulsory acquisition when it serves the notice required by section 12 of the Acquisition of Land Act 1981 (c. 67) or paragraph 3(1) of Schedule 1 to that Act.

Commencement Information

I1 S. 138 not in force at Royal Assent, see s. 212(2)

I2 S. 138 in force at 4.11.2024 by S.I. 2024/860, art. 3(b)